Montana Attorney General Opinion 17-95

Opinion No. 95. Counties-Leased Property-Distribu- tion of Proceeds. HELD: Proceeds of property leased by the county must be distributed ac- cording to the provisions of Chapter 152, Laws of 1937. H on. S. L. Kleve State Examiner The Capitol Dear Mr. Kleve: April 30. 1937. You have inquired as to how the nroceeds of property acquired by tax deed shall be distributed. in view of Chapter 152, Laws of 1937. Inasmuch 'IS Chapter 152 covers only property leased by the county, the distribution of the proceeds of property otherwise dealt with than by lease is not invol\'ed, ': nd distribution in such cases should 'le made as heretofore pointed out in )\lr opinions No. 184 and 310, Volume 16, Opinions of the A ttorney General. 106 OPINIONS OF THE ATTORNEY GENERAL So far as property leased is con- cerned, distribution must be made ac- cording to said Chapter 152, as that chapter is the last word of the legisla- ture on the subject. It will be noted that the property affected is not only property acquired by tax deeds but property "however acquired" and that phrase is broad enough to include all property, even personal property, when leased. While it is apparent that the legisla- ture, in reviving Section 4465.27, R. C. M. 1935, by amending it, as provided in said Chapter 152, had in mind the authorization of long term leases on coal lands, since the first part of the chapter is copied verbatim from said section amended, we cannot say that the legislature did not intend to do what it actually did; therefore, Section 4465.27 is revived so far as leased property is concerned.