(1) The department may sell an interest in real property if the department determines
that the property is not necessary to the laying out, altering, construction, improvement,
or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale
must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 77-2-321.
(2)(a) The department may sell an interest in real property without a public auction
(i) a federal, state, tribal, or local government;
(ii) an agency of government;
(iii) a school district; or
(iv) a unit of the Montana university system.
(b) The department shall obtain fair market value for the property.
(3) Except as provided in 60-4-213 through 60-4-218, before the department sells an interest in real property as provided in subsection
(2), the department shall notify all landowners whose property is adjacent to the
land proposed for sale. If any of the landowners are interested in buying the land proposed for sale, the
landowners shall notify the department of their interest by registered letter within
30 days of the receipt of the notice of sale from the department. Upon receipt of a notice of interest, the department shall offer the land for sale
as provided in 60-4-203 and this section.
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