Montana Code Annotated 2021



Part 9. Commercial Leasing of State Trust Land

Commercial Leasing Authorized

77-1-904. Commercial leasing authorized. (1) State trust land may be leased for a term not to exceed 99 years for commercial purposes to the highest and best bidder responding to a department request for proposals for commercial uses of a specified tract.

(2) The board may enter into contracts with lessees of state trust land for commercial purposes upon terms and conditions that the board may reasonably determine to be in the best interests of the beneficiary.

(3) A request for proposals for the commercial leasing of state trust land must reserve the board's right to reject any and all bids and the right to reoffer the tract for lease if the bids received are not acceptable to the board.

(4) The board and the department, when preparing plans or proposals under this part, shall implement review criteria in consideration of the following local government provisions except to the extent that the provisions violate Article X, section 4 or 11, of the Montana constitution:

(a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;

(b) zoning regulations;

(c) subdivision review as provided in Title 76, chapter 3;

(d) annexation;

(e) plans for the extension of services; and

(f) other actions related to local planning.

History: En. Sec. 4, Ch. 404, L. 2003; amd. Sec. 2, Ch. 335, L. 2005.