Montana Code Annotated 2021



Part 3. Sales

Participation In Irrigation Districts -- Lien Status Of Land

77-2-315. Participation in irrigation districts -- lien status of land. (1) A purchaser of state lands is authorized and empowered to sign any petition that the purchaser may desire to sign for the creation of an irrigation district and the inclusion of the land purchased from the state in the irrigation district and any other petition relating to irrigation districts affecting the land purchased by the person from the state. The petition or petitions have the effect of making all the interest that the person then has in the land purchased from the state and all interest that the person may subsequently acquire in the land subject to the same liens and charges as privately owned lands under the irrigation district. If for any reason the person's certificate to the state lands and the person's rights under the certificate are canceled and the certificate is reinstated or a new certificate is issued, the liens and charges are valid against the interest in the lands of the holder of the certificate.

(2) The board for and on behalf of the state of Montana may sign a petition for the inclusion of any lands belonging to the state in an irrigation district organized or to be organized for the purpose of cooperating with the United States under the federal reclamation laws or any act of congress relating to reclamation projects and to sign any petition for the execution of a contract between the district and the United States. The interest of the state in any lands within an irrigation district is not subject to assessment or taxation for any purpose, and the state is not liable for the payment of any costs or charges arising from the fact that its lands are included within an irrigation district.

(3) The interest of a purchaser of state lands in the land purchased is subject to the same liens as other real estate. However, in the case of sale, only the interest of the purchaser or of the assignee may be sold. In the case of any sale under the provisions of this section, including the sale for taxes, the purchaser shall succeed to all the rights of the purchaser from the state under the certificate of purchase and a new certificate of purchase must be issued to the person entitled to the certificate upon satisfactory proof being submitted to the board. In the case of sale under execution or court decree, the new certificate of purchase may not be issued by the board until the period of redemption from the sale has expired and the sheriff's deed has been issued. In the case of sale for taxes, the new certificate may not be issued until the tax deed has been issued.

History: En. Sec. 93, Ch. 60, L. 1927; amd. Sec. 1, Ch. 58, L. 1929; re-en. Sec. 1805.93, R.C.M. 1935; R.C.M. 1947, 81-929; amd. Sec. 2546, Ch. 56, L. 2009.