Hern Farms, Inc. v. Mutual Benefit Life Insurance

The United States Court of Appeals for the Ninth Circuit, has certified to this Court the following two questions:

1. Under § 25-13-902(2), MCA (no longer effective after June 30, 1996), is a seller of foreclosed agricultural land required to offer the land to the immediately preceding owner under the same terms and conditions contained in a third party offer the seller finds acceptable?

2. Under § 25-13-902(2), MCA (no longer effective after June 30, 1996), is a seller of foreclosed agricultural land required to offer the land to the immediately preceding owner for cash equal to the present…