36.25.813    PRELIMINARY REVIEW OF TRACTS NOMINATED FOR ACQUISITION

(1) The department reserves the right to prioritize activities related to the acquisition of land.

(2) The department shall obtain from the seller and evaluate a disclosure statement that describes any known material defects in the property:

(a) the seller shall provide disclosure on a form provided by the department; and

(b) if the seller fails to provide disclosure within 60 days of the department's request, the tract must be considered unsuitable for acquisition.

(3) The department shall conduct a preliminary review to determine the tract's suitability for acquisition. The review must address, but is not limited to, the following factors:

(a) the financial feasibility of acquiring and managing the tract;

(b) the existing level of access; and

(c) the potential for multiple use.

(4) Concurrent with the nomination of a tract and after the preliminary review, the department may secure the ability to purchase the tract, contingent upon approval by the board, as provided in ARM 36.25.814.

(5) If the department determines a tract is not suitable for acquisition, the department shall remove the tract from nomination and eliminate it from further review.

(6) Any person may appeal to the board the department's removal of a tract from nomination within 15 days of the department posting the report on the web site or other equivalent electronic medium. The board shall place the appeal on the next available agenda of a regularly scheduled meeting no later than 15 days before the meeting.

History: 77-1-204, 77-2-308, 77-2-362, MCA; IMP, 77-2-328, 77-2-364, MCA; NEW, 2004 MAR p. 2399, Eff. 10/8/04; AMD, 2008 MAR p. 1153, Eff. 6/13/08.