Montana § 77-6-403 Transfer Of Lease

Montana Statutes

§ 77-6-403 — Transfer Of Lease

Montana § 77-6-403

Title 77STATE LANDS

Ch. 6AGRICULTURAL, GRAZING, AND OTHER SURFACE LEASES

Part 4Pledges and Mortgages of Leasehold Interests

This text of Montana § 77-6-403 (Transfer Of Lease) 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. § 77-6-403 (2026).

Text

77-6-403 . Transfer of lease.

(1)Except as provided in subsection (2), upon due proof that a person has acquired through foreclosure or conveyance the pledgor's or mortgagor's leasehold interest, the board shall transfer the lease to that person, who is subject to all the conditions, obligations, and liabilities and entitled to all the rights and privileges provided for in the lease. To authorize transfer of a lease, a decree of foreclosure must specifically refer to the lease or the leased premises, but neither the board nor the department is required to be named as a party to the action. The plaintiff shall, however, file a copy of the complaint with the department at the time it is filed with the court.

(2)Nothing in this section may be construed to require the board to complete the t

Free access — add to your briefcase to read the full text and ask questions with AI

77-6-403 . Transfer of lease. (1) Except as provided in subsection (2), upon due proof that a person has acquired through foreclosure or conveyance the pledgor's or mortgagor's leasehold interest, the board shall transfer the lease to that person, who is subject to all the conditions, obligations, and liabilities and entitled to all the rights and privileges provided for in the lease. To authorize transfer of a lease, a decree of foreclosure must specifically refer to the lease or the leased premises, but neither the board nor the department is required to be named as a party to the action. The plaintiff shall, however, file a copy of the complaint with the department at the time it is filed with the court.
(2) Nothing in this section may be construed to require the board to complete the transfer of a lease to an assignee whom the board considers unqualified as a lessee of state lands.