Montana Code 7-8-2521. Authorization to sell real property — resolution required — contents of resolution — hearing required
7-8-2521. Authorization to sell real property — resolution required — contents of resolution — hearing required. (1) The board shall, after holding a public hearing noticed as provided in 7-1-2121, adopt a resolution providing for sale and disposition of county real property. The resolution must include:
Terms Used In Montana Code 7-8-2521
- Board: means the board of county commissioners. See Montana Code 7-8-2503
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
(a)approved locations for sales, including whether sales may be conducted by use of an internet website or other online location;
(b)a requirement that all sale locations be accessible to the public;
(c)types of sales for which public auction is required;
(d)who may conduct a sale or auction;
(e)procedures for issuing permits, leases, or licenses, including:
(i)the terms, conditions, and processes for issuance of permits, leases, and licenses;
(ii)authorization to enter into agreements with entities to which permits, leases, or licenses may be issued;
(iii)a prohibition on a lease being made for an amount less than the amount that would have been collected if taxes on the real property had been levied; and
(iv)the process for authorizing a lessee to place improvements on the property;
(f)how sales will be noticed if the board intends to provide notice in addition to notice by publication as required in 7-1-2121;
(g)how property retained by the county will be administered and maintained; and
(h)any other provision that the board considers to be necessary for the disposition of property in a manner that is in the best interests of the county and its citizens.
(2)In adopting the resolution, consideration must be given to multiple-use management.
(3)Provisions in the resolution regarding exchanges or donations of real property must be in compliance with 7-8-2522.