Montana § 60-4-202 Sale Of Interest In Real Property

Montana Statutes

§ 60-4-202 — Sale Of Interest In Real Property

Montana § 60-4-202

Title 60HIGHWAYS AND TRANSPORTATION

Ch. 4ACQUISITION AND DISPOSITION OF PROPERTY

Part 2Disposition of Property

This text of Montana § 60-4-202 (Sale Of Interest In Real Property) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 60-4-202 (2026).

Text

60-4-202 . Sale of interest in real property.

(1)The department may sell unnecessary highway property. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 60-4-203 .

(2)(a) The department may sell an interest in real property without a public auction directly to:

(i)a federal, state, tribal, or local government;

(ii)an agency of government;

(iii)a school district; or

(iv)a unit of the Montana university system.

(b)The department shall obtain fair market value for the property.

(3)Before the department sells unnecessary highway property as provided in subsection (2

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60-4-202 . Sale of interest in real property. (1) The department may sell unnecessary highway property. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 60-4-203 .
(2) (a) The department may sell an interest in real property without a public auction directly to:
(i) a federal, state, tribal, or local government;
(ii) an agency of government;
(iii) a school district; or
(iv) a unit of the Montana university system.
(b) The department shall obtain fair market value for the property.
(3) Before the department sells unnecessary highway property as provided in subsection (2), the department shall notify all landowners whose property is adjacent to the land proposed for sale. If any of the landowners are interested in buying the land proposed for sale, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of sale from the department. Upon receipt of a notice of interest, the department shall offer the land for sale as provided in 60-4-203 and this section.

Legislative History

En. Sec. 8-110, Ch. 197, L. 1965; amd. Sec. 133, Ch. 316, L. 1974; R.C.M. 1947, 32-3910; amd. Sec. 1, Ch. 305, L. 1981; amd. Sec. 1, Ch. 232, L. 1995; amd. Sec. 2, Ch. 279, L. 2001; amd. Sec. 9, Ch. 226, L. 2005; amd. Sec. 1, Ch. 88, L. 2021; amd. Sec. 14, Ch. 17, L. 2025.