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Resolution 2016-21, Uniform Process for the Disposal of Surplus County Real Property


It is the intent of the Montana Association of Counties to seek legislation to provide a uniform process for the disposal of county real property.

WHEREAS, Montana Law currently provides several processes for the disposal of county-owned real property; and

WHEREAS, these processes are different depending on how the real property was acquired, including acquisition by tax deed, Grant, purchase, dedication of parkland, etc.; and

WHEREAS, these processes for disposal are different, often depending who will receive the real property such as by exchange to another governmental entity, whether or not the property has timber, private sale, sale at public auction, construction of public housing, etc.; and

WHEREAS, counties may retain certain property rights such as rights of recession, oil and gas rights but only for property obtained by certain mean; and

WHEREAS, these differing processes are difficult to understand which may lead to errors and misinterpretations of statute.

NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties will seek to establish legislation to provide a general uniform process for the disposal of surplus county real property and appurtenances, regardless of how acquired or to what entity acquires the property, to the greatest extent feasible and practical.

2016 ACTION

SPONSOR:  Gallatin County
REFERRED TO: MACo Resolutions & Legislative Committee
ADOPTED:  Annual Conference, Billings, MT, September 21, 2016