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Rule: 36.25.809 Prev     Up     Next    
Rule Title: SETTLEMENT FOR AND REMOVAL OF IMPROVEMENTS
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Department: NATURAL RESOURCES AND CONSERVATION
Chapter: STATE LAND LEASING
Subchapter: Land Banking
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.25.809    SETTLEMENT FOR AND REMOVAL OF IMPROVEMENTS

(1) If the parcel is under an agricultural or grazing lease or license with the state at the time of sale, settlement and removal of improvements are governed by the conditions of the lease or license or by ARM 36.25.125.

(2) If the parcel is under a residential lease at the time of sale, the conditions of settlement for and removal of improvements are governed by the lease or by ARM 36.25.131.

(3) If the parcel is under a commercial lease or license with the state at the time of sale, the conditions of settlement for and removal of improvements are governed by the lease or license.

(4) In all other situations, the purchaser of the state trust land shall reimburse the former lessee for the reasonable value of those improvements the purchaser has accepted.

(5) Where there is a dispute over the value of the improvements, arbitration, as detailed in 77-6-306, MCA, must be used to set the value of improvements.

History: 77-1-204, 77-2-308, 77-6-302, 77-6-303, 77-6-306, MCA; IMP, 77-2-328, MCA; NEW, 2004 MAR p. 2399, Eff. 10/8/04; AMD, 2011 MAR p. 2414, Eff. 11/11/11.


 

 
MAR Notices Effective From Effective To History Notes
36-22-151 11/11/2011 Current History: 77-1-204, 77-2-308, 77-6-302, 77-6-303, 77-6-306, MCA; IMP, 77-2-328, MCA; NEW, 2004 MAR p. 2399, Eff. 10/8/04; AMD, 2011 MAR p. 2414, Eff. 11/11/11.
10/8/2004 11/11/2011 History: 77-1-204, 77-2-308, 77-6-303, 77-6-304, 77-6-305, and 77-6-306, MCA; IMP, 77-2-328, MCA; NEW, 2004 MAR p. 2399, Eff. 10/8/04.
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