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711.21± Acre Plains, MT Farm/Nursery. Under Contract!



Real Estate

Live Auction

Starts: 02/07/19 11:00 AM MST

Location: 38 Diehl Ranch Road, Plains, MT 59859



The auction will be held at Quinns Hot Springs in the Old Faithful Room in the Paradise Hall Event Center.  The address is 195 Quinns Canyon Rd, Plains MT 59859.

MUSSER BROS. INC. is pleased to sell the assets of LAWYER NURSERY INC. 

This 711 acre property was put together beginning in 1959 when David and Esther Lawyer moved from California and purchased the original homestead along MT Highway 200 where they started gathering native seeds and planting them.  The operation expanded in 1976 when additional land across MT Highway 200 was added as well as Charlie's Field which was adjacent to the homestead.  In 1977 the Diehl Ranch was purchased and then in 1991 the Vandervelden Place was added as well as additional land close to the river and  south of the original homestead.

Now, after over 60 years in business providing one of the largest selections of field grown nursery stock in the wholesale nursery trade,  Lawyer Nursery Inc. has closed their doors.  They have chosen Musser Bros. Inc., one of the leading Northwest auction companies, to liquidate their equipment, real estate and soon their remaining nursery specific equipment.  Don't miss out on this opportunity to bid your price on the parcel or parcels you wish to own!


For inspection please call JD on 406.544.6545 or Kirk on 406.274.7101. 




Interactive Google Map

FEMA Flood Plain Information and Map


319± Acre Farm Parcel

This “River Bottom Ranch” contains approximately 319 acres + -  and is approximately 2 miles from Plains, MT.   It consists of tillable acreage, the river bottom parcel and the island parcel.  It is adjacent to and provides direct access to over 1 mile of the Clark Fork River, which runs for nearly 300 miles in Montana and eventually drains into the Columbia River.  The river provides excellent fishing and unique and numerous floating options. However, following its confluence with the Flathead River, access to the Clark Fork becomes more difficult, with only a handful of fishing access sites to the river.  Many sections of the Clark Fork River allow anglers and floaters to have the river to themselves.  Access from Paradise to Thompson Falls is limited to a handful of bridge crossings.  (The Diehl Ranch lies between Paradise and Thompson Falls, so the river access this ranch offers is valuable.

Approximately 100 acres of cultivated ground was historically used in growing deciduous trees, shrubs, and evergreen trees and also wheat.  A historic barn is on the property as well as a small house, mechanic shop, machine shed, 2 car garage, wood grain holding building and various other outbuildings.  Irrigation water is provided by a well that is by the river.  There is also a 43 acre + - island which is home to abundant deer and other wildlife.

Parts of the Diehl Ranch (the riverfront parcel and the island) are located within a flood hazard area.  (See map)

Soil Conditions:  The USDA Natural Resources and Conservation Service indicated the property to reflect various soils.  The lands in Section 21 consist primarily of the Gird and Grantsdale Silt Loams with 0 to 4 degree slopes.  The river bottom land and the island are not suitable for growing crops.   




29± Acre Farm Parcel

This 29 acre + - parcel is wide along the railroad and just off Highway 200.  It has common access off Highway 200 and utilizes a Private Roadway and Crossing Agreement with MONTANA RAIL LINK INC. and BURLINGTON NORTHERN RAILROAD COMPANY.  The buyer of this parcel would need to acquire his own agreement with the railroads to access this property.  The existing agreement between the Railroads and Lawyer Nursery, Inc. is not assignable without the written consent of Railroad.  (See attached Exhibit).  Lawyer Nursery, Inc. will do what they can to help get consent from the Railroad to a prospective purchaser.

This parcel is being farmed and planted in wheat.   The parcel has a well which has been used for irrigation, however a notice of completion for this well was never filed with the DNRC. A new owner will have to file a notice of completion (Form 602), which would allow up to 10 acre/feet (4 irrigated acres).   If 2 more wells were situated in the corners of the field so that they are 1/4 mile apart from each other, one could irrigate up to 12 acres total from 3 wells.  However, this parcel does NOT have a current water right.  The new owner will need to apply to DNRC for a new water right for this parcel.  It also is close to the town of Plains, MT. 



268.63± Acre Farm Parcel

This 268 acre + - farm lies between Highway 200 and the Clark River.  It has approximately 25 acres in alfalfa and the remainder acerage been in wheat or is fallow ground.  There is an existing house on the property which is in poor condition, but has it's own well and power.  This property is generally level and is generally open tillable acreage.

There are 5 wheel lines that will go with this property.  There are 2 sites where water is pumped out of the river that are served by 3 phase power.  There are no pumps included in the sale of this property. 

Soil Conditions: The USDA Natural Resources and Conservation Service data shows this property having two predominant soil types.  The majority of the flat undulating crop land has a McCollum fine sandy loam with pockets of Grantsdale silt loams.  The eastern portion of the property has a greater propensity for surface rocks.

River Frontage:  There is approximately 7,000 feet of Clark Fork River frontage.  The property elevation is approximately 10 - 20 feet higher than the river.  The bank is fairly steep to the river, but provides a reasonable degree of confidence that this site will not be subjected to periodic flooding. 

Access:  This property is accessed off of MT Highway 200 via 2 separate Railroad Crossing Agreements (See existing agreements attached).

Easements:  The property has exclusions for R/W for MT Highway 200 and the Railroad that are not specifically stated by a legal description, only to their existence.  The property is encumbered by three (3) high voltage overhead transmission lines using steel towers and multiple wires.  There is also an underground gas pipeline (Yellowstone Pipeline - YPL) situated adjacent/within the railroad R/W.



1.54± Acre House Parcel

This 2 bedroom, 2 bath house with a full finished basement and a 2 car garage sits on a survey lot of 1.54 acres.  It has a shared water well and large pine trees and mature landscaping.  It is located on MT Highway 200 approximately 10 miles from Plains. 




52± Acre Farm and Cold Storage Parcel

This 52 acre + - property has a large 14,000 square foot cold storage building built in 1999.  It is approximately 80 feet wide by 175 feet long and has 22 foot sidewalls.  This building is a well insulated refrigerated building. It is served by 3 phase power and on a shared water well with Parcels 4 and 6.  It has direct frontage on Montana Highway 200.  It has a field of cuttings that was historically used for stock block.  It uses a 25 horsepower irrigation pump that pumps out of a well, housed in a pump house.   There is also a 3 car garage that has been used historically as a carpenter's shop. The pump for the shared well is located in this building.



41.04± Acre Headquarters Parcel

This 41 acre + - property is where the headquarters of Lawyer Nursery is located.  There are 3 cold storage warehouses, a seed office, a seed warehouse, a single car garage, and a 4 bedroom, 2 bath house along with some mobile office trailers on this property.  It is also on a shared well with Parcels 4 and 5 with the well located on Parcel 5.  This property has frontage on MT Highway 200 is the beneficiary of a USDA private road special use permit. (See Exhibit)

Auction Agent(s)

Harold Musser

(307) 272-2266

Mark Musser

(307) 272-2303

Scott Musser

(509) 521-3300

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