77-1-910. Encumbrance on leased land
77-1-910. Encumbrance on leased land. (1) An encumbrance may not be placed upon the state’s interest in land leased for commercial purposes. (2) A commercial lease of state trust land may contain provisions that will permit the encumbering of the lessee’s interest in the lease by mortgage or deed of trust. History: En. Sec. 10, Ch. 404, L. […]
77-1-911. Notice and payment of assessments
77-1-911. Notice and payment of assessments. (1) The lessee of a commercial lease on state trust land shall furnish to the department: (a) officially certified descriptions of all state trust land included within the boundaries of a city or county improvement district that is the subject of the commercial lease; and (b) a description and listing of the […]
77-1-912. Rulemaking
77-1-912. Rulemaking. The board may adopt rules to: (1) establish procedures for the issuance of requests for proposals for commercial purposes and the commercial leasing of state trust land; (2) prescribe the form and content of commercial leases; and (3) develop any other procedures necessary to fulfill the purposes of this part or to implement the commercial leasing of […]
77-1-908. Land use license issuance following reclassification
77-1-908. Land use license issuance following reclassification. Following cancellation of a preexisting lease due to a reclassification pursuant to 77-1-401 through 77-1-403, the department may issue a land use license for the commercial lands reclassified for a term the department considers necessary to protect the income to the trust and to protect the state. History: En. Sec. […]
77-1-909. Cancellation or termination of commercial lease
77-1-909. Cancellation or termination of commercial lease. A commercial lease may be canceled at the option of the board or its designated representative for any violation of a lease provision. Upon cancellation or termination of a lease, the department may seek a new lessee in accordance with this part. If the costs of the commercial development […]
77-1-901. Declaration of policy and purpose
77-1-901. Declaration of policy and purpose. (1) Pursuant to Article X of the Montana constitution, the legislature declares that it is the policy of the state that state trust land is to be treated as a sacred trust and is subject to fiduciary principles in its management. It is the intent of the legislature that state […]
77-1-902. Definitions
77-1-902. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply: (1) ”Cancellation” means the cessation of a lessee’s possessory rights and privileges under a lease due to the lessee’s breach of some term of the lease, applicable statutes, or applicable administrative rules. (2) ”Commercial lease” means a contract to use state trust […]
77-1-903. Authority of board to determine development
77-1-903. Authority of board to determine development. The board shall determine how the development of state trust land for commercial purposes is to proceed before any state trust land is offered for lease. In making this determination, the board may consider the following factors: (1) the purpose of any development or development plan; (2) the allocation and location […]
77-1-904. 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 […]
77-1-905. Rental provisions for commercial leasing — payments and credits — administration — lease options
77-1-905. Rental provisions for commercial leasing — payments and credits — administration — lease options. (1) The first year’s annual rental payment for state trust land leased for commercial purposes must be paid by cashier’s check or electronic funds transfer, as defined in 32-6-103, and payment is due upon execution of the lease. The department may […]