Frequently Asked Questions About
Land Banking In Montana
Question: If I nominated a parcel, do I have a lessee preference?
Answer: According to Section 77-2-324 MCA the lessee has the right to match the high bid on the first round of bidding. If the lessee does match the high bid, the bidding is reopened to all bidders, with the lessee retaining the right to match the ultimate high bid of the second round, and be awarded the sale.
Question: What happens to the improvements on the property if I am not the lessee and I buy the parcel?
Answer: If you are the successful bidder and are not the lessee, you must compensate the lessee for their improvements. This is a separate transaction from the purchase of the property, and must be worked out between the successful bidder and the lessee. it is advisable to conclude your transactions with the lessee before closing. Please read ARM 36.25.125 found at the following web address: http://arm.sos.state.mt.us/36/36-5644.htm. If you have additional questions, please contact your attorney or DNRC.
Question: What if I feel the lessee is asking too much for the improvements?Answer: There is an arbitration process that must be adhered to for this situation. Please read ARM 36.25.125 found at the following web address: http://arm.sos.state.mt.us/36/36-5644.htm. If you have additional questions, please contact your attorney or DNRC.
