77-2-310. Certain lands to be platted before sale. (1) Any part of state lands that in the opinion of the board may be sold for residential or commercial purposes must before sale, at such time as the board may consider to be in the best interests of the state, be surveyed in conformity with the laws of the state for the survey and platting of townsites and additions. Except to the extent that the following provisions violate Article X, section 4 or 11, of the Montana constitution, the board and the department shall consider the ordinances of the appropriate city or town or the resolutions of the appropriate county regarding:
     (a) a growth policy or a neighborhood plan adopted pursuant to Title 76, chapter 1;
     (b) zoning regulations;
     (c) subdivision review as provided in Title 76, chapter 3;
     (d) annexation;
     (e) plans for the extension of services; and
     (f) other actions related to local planning.
     (2) The board shall cause correct maps and plats of the lands to be made and recorded after being surveyed. A fee may not be charged by the county recorder or by any city officer for filing or recording the maps or plats when recorded on behalf of the state.
     (3) Before the lands are offered for sale the lands must be appraised, with a separate appraisal to be placed on each lot. The surveyed and platted land may then be sold in the same manner and upon the same terms and conditions as other state lands are sold.

     History: En. Sec. 67, Ch. 60, L. 1927; re-en. Sec. 1805.67, R.C.M. 1935; R.C.M. 1947, 81-904; amd. Sec. 3, Ch. 335, L. 2005.