36.25.1020 SALE OF CABINSITE LANDS

(1) This rule applies to all cabinsites.

(2) Cabinsites may be sold as provided in Article X of the Montana Constitution and 77-1-204, 77-2-301, and 77-2-318, MCA.

(a) The sale of cabinsites under the land banking program will be conducted using the procedures set out in ARM 36.25.801 through 36.25.817.

(b) The board may in its sole discretion designate that the proceeds from the sale of certain cabinsites be deposited within the permanent fund for the affected trust beneficiary.

(3) The board or the department may nominate a cabinsite for sale at any time.

(4) A cabinsite lessee may nominate the sale of the lease premises:

(a) during the fifteenth year of any 15-year cabinsite lease that was established through the open competitive bidding process;

(b) through the transition process provided for in 77-1-236, MCA; or

(5) The sale of cabinsites shall be conducted in a manner consistent with the procedures set out in 77-2-363(2) through (5), MCA. The minimum bid must be equal to the full market value of the premises, which must be determined by a Montana-licensed and Montana-certified appraiser. The department may determine the timing and the number of cabinsite lots to be offered for sale, and the conditions of the sale, based upon, but not limited to, the following factors:

(a) how many lots are currently available for competitive bidding;

(b) current real estate market conditions;

(d) the administration of other cabinsites; and

(e) valuing, selling, repairing, or removing existing improvements on cabinsites.

(6) Should no qualified bid be received by the department, or if the board determines that it is not in the best interest of the affected trust beneficiary to accept any bid, the sale shall be rejected, and the existing cabinsite lease may be renewed to the former lessee at the previous lease terms.

History: 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA; IMP, 77-1-235, 77-1-236, MCA; NEW, 2012 MAR p. 82, Eff. 1/13/12.