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SECTION 2: GENERAL PROCEDURES
- Construction Timing
- Transfers of Title
- Permission to Enter
- Construction Timing. The subdivider
shall not proceed with any construction work on the proposed subdivision
including grading and excavating relating to improvements, until the
Council has given preliminary plat approval and only if the construction
is in accordance with the conditions of preliminary plat approval.
- Transfers of Title. After a preliminary
subdivision plat has been approved or conditionally approved, the subdivider
may enter into contracts to sell lots in the proposed subdivision if
all of the following conditions are met:
- Under the terms of the contracts, the purchasers of lots in the
proposed subdivision shall make any payments to an escrow agent
which must be a bank or savings and loan association chartered to
do business in the state of Montana.
- Under the terms of the contracts and the escrow agreement, the
payments made by lot purchasers in the proposed subdivision may
not be distributed by the escrow agent to the subdivider until the
final plat of the subdivision is filed with the Clerk and Recorder.
- The contracts and the escrow agreement provide that if the final
plat of the proposed subdivision is not filed with the Clerk and
Recorder within two years of the preliminary plat approval, the
escrow agent shall immediately refund to each purchaser any payment
made under the contract.
- The Treasurer has certified that no real property taxes assessed
and levied on the land to be divided are delinquent.
- The contracts shall contain the following language conspicuously
set out therein: "The real property which is the subject hereof
has not been finally platted, and until a final plat identifying
the property has been filed with the Clerk and Recorder, title to
the property cannot be transferred in any manner."
- Instruments Which Transfer Title: Under 76-3-302, MCA, the Clerk
and Recorder shall not record any instrument which purports to transfer
title to or possession of a parcel or tract of land which is required
to be surveyed by the Act unless the required certificate of survey
or subdivision plat has been reviewed, approved and filed with the
Clerk and Recorder and the instrument or transfer describes the
parcel or tract by reference to the filed certificate or plat.
- Permission to Enter. The Council
or its designated agents may conduct such investigations, examinations
and site evaluations as they deem necessary to verify information supplied.
The submission of material or a plat for review shall constitute a grant
of permission to enter the subject property.
- Appeals. A party who is aggrieved
by a decision of the Council to approve, conditionally approve, or disapprove
a proposed preliminary plat or final subdivision plat may, within 30
days after the decision, appeal to the District Court. The petition
must specify the grounds upon which the appeal is made.
- The following parties may appeal under the provisions of this
- The subdivider.
- A landowner with a property boundary contiguous to the proposed
subdivision or a private landowner within the county where the
subdivision is proposed if that landowner can show a likelihood
of material injury to the landowner’s property or its
- The County Commissioners
- (1) A first-class municipality, if a subdivision is proposed
within three miles of its limits.
(2) A second-class municipality, if a subdivision is proposed
within two miles of its limits.
(3) A third-class municipality, if a subdivision is proposed
within one mile of its limits.
For the purposes of this Section, “aggrieved” means a person
who can demonstrate a specific personal and legal interest, as distinguished
from a general interest, who has been or is likely to be specifically
and injuriously affected by the decision.