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Commissioners approve Magnolia Properties settlement and transfer of 0.42-acre county fee strip
Summary
The board adopted Resolution 2026-12 to transfer an approximately 0.42-acre county-owned fee strip to Magnolia Properties LLC for an appraised value of $21,000 as part of a legal settlement; commissioners confirmed both parties will cover their own legal costs and discussed access/easement concerns to be addressed after the boundary adjustment.
The Lincoln County Board of Commissioners adopted Resolution 2026-12 on March 18, 2026, authorizing a boundary line adjustment and sale of an approximately 0.42-acre county-owned fee strip (Certificate of Survey No. 4950, Parcel A1) to Magnolia Properties LLC for the appraised fair market value of $21,000 as part of the settlement of Magnolia Properties LLC v. Lincoln County (case DV27-2025-42).
County staff read the resolution and confirmed it had been reviewed and approved by legal counsel. During the reading, commissioners corrected a typographical acreage error to 0.42 acres. Staff and commissioners clarified that the sale and boundary adjustment were the settlement terms and that access easement language had not been negotiated as part of the settlement; staff recommended the historical access remain and noted potential prescriptive-easement issues and appraisal impacts if access were altered.
Tracy of the Tobacco Valley News asked for a brief recap for remote participants; staff restated the resolution’s elements, including the precise legal description, the parcel certificate number, the $21,000 purchase price, and that each party will bear its own legal costs as negotiated. A member of the public asked whether the county had an estimate of legal fees; staff said the county has not closed out billing with counsel but will provide figures on request once available.
Public commenters urged that any access easement be put in writing before development proceeds; one speaker (Jeff Pascal of Libby) recommended finalizing an access agreement before proceeding with the boundary adjustment. County staff said the process will be to approve the settlement and boundary adjustment, then address an easement as a follow-up item.
The board moved and seconded approval of the resolution, made the acreage correction on the record, and adopted Resolution 2026-12. The resolution becomes effective immediately upon adoption in accordance with Montana Code Annotated 7-5-123 and 7-5-121.
