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36.25.706    TERMINATION OF LESSEE-INITIATED CABIN SITE OR HOME SITE SALE AFTER DEPOSIT AND PROCESSING COSTS PAID BY LESSEE

(1) If the current lessee of the cabin site or home site has initiated the sale, as authorized by 77-2-361 through 77-2-367, MCA, and submitted processing costs with the department, the lessee may, subject to (2), cancel the sale by sending written notice to the department by certified mail of the current lessee's intent to cancel the sale. 

(2)  To be valid, a notice of cancellation sent pursuant to (1) must be received by the department:

(a)  at least 10 days before the date of the auction; and

(b)  before any other person has registered for the auction by submitting a bid bond consistent with 77-2-363(2)(a), MCA, and executing a purchase agreement with the department.  In the event that a sale cancellation request is received by the department on the same day that the department receives a bid bond and executed purchase agreement from another bidder, the cancellation is not valid.

(3) If the lessee cancels the sale, the lessee shall pay all costs incurred by the department in preparing the sale, including but not limited to:

(a) any costs for required environmental review if not exempt under 75-1-201, 77-1-121, or 77-2-363(7), MCA;

(b) appraisal attributable to the improvements;

(c) cultural resource inventory;

(d) public notices; and

(e) other costs that may be incurred by the department and/or board.

(4) The processing costs and bid deposit, as required in ARM 36.25.705(13) and 36.25.707(4) that are paid by the lessee must be applied toward costs incurred by the department for the canceled sale.

(5) Any amount of processing costs and bid deposit remaining after payment of department costs must be returned to the lessee.

 

History: 77-1-204, 77-2-308, 77-2-328, MCA; IMP, 77-2-328, 77-2-363, MCA; NEW, 2013 MAR p. 2423, Eff. 12/27/13; AMD, 2024 MAR p. 282, Eff. 2/10/24.

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