(1) Before issuing documents of conveyance, the department shall present the proposed sale to the board:
- (a) the board shall approve or disapprove the sale; and
- (b) if the board disapproves the sale, the successful bidder is not responsible for costs.
- (2) For the sale of land acquired from the federal government pursuant to the state's Enabling Act, the board may convey title through a state patent, pursuant to 77-2-341 through 77-2-343, MCA.
- (3) The board may convey title to other land by a grant or quit claim deed.
- (4) The board may not warrant title to any land conveyed.
- (5) The board may not give warranty or representation, express or implied, to a bidder for, or a purchaser of, state trust land concerning the accuracy or completeness of the title review for the property or the environmental due-diligence review investigating the presence or absence of toxic or hazardous substances.
- (6) State trust land must be sold "as is."
Authorizing statute(s): 77-1-204, 77-2-308, 77-2-362, MCA
Implementing statute(s): 77-2-328, 77-2-363, MCA
History: NEW, 2004 MAR p. 2399, Eff. 10/8/04; AMD, 2008 MAR p. 1153, Eff. 6/13/08.