53C-4-102. Sale of trust lands -- Fair market value -- Determination of sale -- Advertising proposed sales -- Sale procedures -- Defaults.

615 words·~3 min read·/ut/title-53c/chapter-4/53c-4-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)Trust lands may not be sold for less than the fair market value.

(a)The director shall determine whether disposal or retention of all or a portion of a property interest in trust lands is in the best interest of the trust.

(b)When it is determined that the disposal of an interest in trust lands is in the best interest of the applicable trust, the transaction shall be accomplished in an orderly and timely manner.

(3)The director shall advertise any proposed sale, lease, or exchange of an interest in trust lands in a reasonable manner consistent with the director's fiduciary responsibilities.

(a)Any tract of trust land may be subdivided and sold, leased, or exchanged in accordance with a plan, contract, or other action designating the land to be subdivided that is approved by the director.

(b)The director may survey the tract and direct its subdivision.

(c)A plat of the survey shall be filed with the county recorder of the county in which the land is located and with the administration.

(5)Sale conditions, including qualification of prospective purchasers, shall be in accordance with accepted mortgage lending and real estate practices.

(6)Upon the sale of land, the director shall issue to the purchaser a certificate of sale which describes the land purchased and states the amount paid, the amount due, and the time when the principal and interest will become due.

(7)Upon payment in full of principal and interest, payment in full of any amounts required to be paid for the partial release of property, or acceptance of appropriate conveyance documents in satisfaction of a land exchange, the governor, or the governor's designee, shall issue a patent to the purchaser, heir, assignee, successor in interest, or other grantee as determined by the director.

(a)If a purchaser of trust lands defaults in the payment of any installment of principal or interest due under the terms of the contract of sale, the director shall notify the purchaser that if the default is not corrected within 30 days after issuance of the notice the director shall proceed with any remedy which the administration may pursue under law or the contract of sale.

(b)The notice shall be sent by registered or certified mail to the purchaser at the latest address as shown by the records of the administration.

(c)If the default is not corrected by compliance with the requirements of the notice of default within the time provided by the notice, the director may pursue any available remedy under the contract of sale, including forfeiture.

(d)If forfeited lands are sold again to the same purchaser, the sale may be made by a new and independent contract without regard to the forfeited agreement.

(9)The director shall offer for sale any trust lands subject to a valid surface lease agreement or permit to the owner of the lease or permit if:

(a)the director approves the sale of the trust lands;

(b)the owner of the lease or permit agrees to pay fair market value, which may not exceed an amount equal to the highest credible offer received for the trust lands;

(c)the owner of the lease or permit has held the lease or permit for at least 25 consecutive years;

(d)the trust lands offered for sale are not greater than 640 acres; and

(e)the trust lands do not have an authorized point of public access at the time of sale.

Amended by Chapter 496 , 2025 General Session