Mont. Code Ann. § 70-24-314 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-314
70-24-314 Resident associations -- meetings
Status: in_force

70-24-314 . Resident associations -- meetings. The membership of a resident association may elect officers of the association at a meeting at which a majority of the members are present. All residents may attend meetings.
Mont. Code Ann. § 70-6-202 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-202
70-6-202 Liability for damage from wrongful use
Status: in_force

70-6-202 . Liability for damage from wrongful use. A depositary is liable for any damage happening to the thing deposited during the depositary's wrongful use of the thing unless the damage inevitably would have happened if the property had not been used.
Mont. Code Ann. § 70-20-301 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-301
70-20-301 Fee simple presumed to pass
Status: in_force

70-20-301 . Fee simple presumed to pass. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
Mont. Code Ann. § 70-20-505 — MT Code / Title 70 / Chapter 20 / Part 5 / Section 70-20-505
70-20-505 Purpose of disclosure statement
Status: in_force

70-20-505 . Purpose of disclosure statement. (1) A disclosure statement as provided in 70-20-502 does not constitute a warranty of any kind by the seller or the real estate agent or other authorized representative of the seller.

(2) The disclosure statement must be considered a disclosure by the seller only and not the real estate agent or other authorized representative of the seller.

(3) The seller may not be responsible for misstatements or errors in a disclosure statement that are based on information a seller obtained from a reliable third-party, including a local governing agency.
Mont. Code Ann. § 70-31-305 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-305
70-31-305 Acquisition of buildings and improvements affected
Status: in_force

70-31-305 . Acquisition of buildings and improvements affected. (1) When any interest in real property is acquired for a program or project for which federal assistance will be available to pay all or any part of the cost of the program or project, the acquiring agency shall acquire an equal interest in all buildings, structures, or other improvements that are located upon the real property acquired and that are required to be removed from the real property or that the acquiring agency determines will be adversely affected by the use to which the real property will be put.

(2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (1), the building, structure, or other improvement is considered to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of the tenant's term. The fair market value that the building, structure, or improvement contributes to the fair market value of the real property to be acquired or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, must be paid to the tenant.

(3) Payment for buildings, structures, or improvements as set forth in subsection (2) may not result in duplication of any payments otherwise authorized by state law. A payment may not be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all of the tenant's right, title, and interest in and to the improvements. Subsection (2) or this subsection may not be construed to deprive the tenant of any rights to reject payment and to obtain payment for the property interests in accordance with other laws of the state.
Mont. Code Ann. § 70-33-404 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-404
70-33-404 Landlord's failure to deliver premises -- tenant's remedies
Status: in_force

70-33-404 . Landlord's failure to deliver premises -- tenant's remedies. (1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302 , rent abates until possession is delivered and the tenant may:

(a) terminate the rental agreement upon at least 5 days' written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or

(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.

(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months' rent or treble damages, whichever is greater.
Mont. Code Ann. § 70-28-106 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-106
70-28-106 Notice of action to be filed with clerk and recorder
Status: in_force

70-28-106 . Notice of action to be filed with clerk and recorder. Before any order for the publication of summons is granted as provided in Rule 4, M.R.Civ.P., the plaintiff shall file, in the office of the clerk and recorder of each county in which any of the property involved in the action is situated, a notice of the pendency of the action, signed by the plaintiff or the plaintiff's attorney. The notice must contain:

(1) the title of the court in which the action is filed;

(2) the full caption of the cause;

(3) a complete description of all the property involved in the action; and

(4) a statement of the relief sought by the plaintiff.
Mont. Code Ann. § 70-24-402 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-402
70-24-402 Settlement of disputed claim or right
Status: in_force

70-24-402 . Settlement of disputed claim or right. A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
Mont. Code Ann. § 70-22-205 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-205
70-22-205 Technical description of zones
Status: in_force

70-22-205 . Technical description of zones. For the purposes of more precisely defining the Montana coordinate systems NAD 27, NAD 83, and MTPCS, the following description by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) is adopted:

(1) The Montana coordinate system NAD 27, north zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 47° 51′ and 48° 43′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 47° 00′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.

(2) The Montana coordinate system NAD 27, central zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 46° 27′ and 47° 53′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 45° 50′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.

(3) The Montana coordinate system NAD 27, south zone, is a Lambert conformal projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 44° 52′ and 46° 24′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 44° 00′ north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet.

(4) The Montana coordinate system NAD 83 is a Lambert conformal conic projection of the GRS 80 (Geodetic Reference System 1980) ellipsoid, having standard parallels of north latitudes 45° 00′ and 49° 00′, along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 109° 30′ west of Greenwich and the parallel 44° 15′ north latitude. This origin is given the coordinates: x = 600,000 meters and y = 0 meters.

(5) The Montana plane coordinate system must be the state plane coordinate system of 2022 (SPCS2022) or its most recent successor as defined by the national geodetic survey or its successor agency.
Mont. Code Ann. § 70-20-310 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-310
70-20-310 Conveyance in joint tenancy -- right of survivorship
Status: in_force

70-20-310 . Conveyance in joint tenancy -- right of survivorship. In all conveyances of real property made in joint tenancy where the right of survivorship is contained in the grant of such conveyance, the right of survivorship exists by virtue of such grant.
Mont. Code Ann. § 70-21-201 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-201
70-21-201 What may be recorded -- recording copy in another county
Status: in_force

70-21-201 . What may be recorded -- recording copy in another county. (1) Any instrument or judgment affecting the title to or possession of real property may be recorded under this part.

(2) When any instrument or judgment affecting the title to or possession of real property situated in more than one county in this state has been recorded in either of such counties, a copy thereof, certified to by the county clerk of the county in which it has been recorded, may be recorded in any other county in this state wherein any portion of the real property affected by such instrument or judgment is situated, and such records will have the same effect as if the original instrument or judgment had been so recorded.
Mont. Code Ann. § 70-9-824 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-824
70-9-824 Interest and penalties
Status: in_force

70-9-824 . Interest and penalties. (1) A holder that fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of 12% on the property or value of the property from the date the property should have been reported, paid, or delivered.

(2) Except as otherwise provided in subsection (3), a holder that fails to report, pay, or deliver property within the time prescribed by this part, or fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $100 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $2,500.

(3) A holder that willfully fails to report, pay, or deliver property within the time prescribed by this part, or willfully fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.

(4) A holder that makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day from the date a report under this part was due, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.

(5) The administrator for good cause may waive, in whole or in part, interest under subsection (1) and penalties under subsections (2) and (3) and shall waive penalties if the holder acted in good faith and without negligence.
Mont. Code Ann. § 70-16-104 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-104
70-16-104 Rights of tenant for years or at will
Status: in_force

70-16-104 . Rights of tenant for years or at will. (1) A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, and work mines and quarries open at the commencement of the tenancy. A tenant at will or for an indefinite term may cultivate and harvest the crops growing at the end of the tenancy.

(2) A tenant for years or at will has no other rights to the property than those given to the tenant by the agreement or instrument by which the tenancy is acquired or by subsection (1).

(3) Subsection (2) does not apply to arrangements governed by Title 70, chapter 24.
Mont. Code Ann. § 70-20-108 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-108
70-20-108 Attorney-in-fact -- how to execute for principal
Status: in_force

70-20-108 . Attorney-in-fact -- how to execute for principal. When an attorney-in-fact executes an instrument transferring an estate in real property, the attorney-in-fact shall subscribe the name of the principal to it and the attorney-in-fact's own name as attorney-in-fact.
Mont. Code Ann. § 70-9-823 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-823
70-9-823 Interstate agreements and cooperation -- joint and reciprocal actions with other states
Status: in_force

70-9-823 . Interstate agreements and cooperation -- joint and reciprocal actions with other states. (1) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in 70-9-820 . The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.

(2) The administrator may join with another state to seek enforcement of this part against any person that is or may be holding property reportable under this part.

(3) At the request of another state, the attorney general of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state if the other state has agreed to pay expenses incurred by the attorney general in maintaining the action.

(4) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the attorney general of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney fees may be paid from money received under this part. The administrator may agree to pay expenses and attorney fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this part.
Mont. Code Ann. § 70-6-401 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-401
70-6-401 Applicability -- Uniform Commercial Code
Status: in_force

70-6-401 . Applicability -- Uniform Commercial Code. The provisions of this part apply only to the extent not otherwise provided for in the Uniform Commercial Code.
Mont. Code Ann. § 70-30-307 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-307
70-30-307 When payment of compensation to be made -- deposit of bond
Status: in_force

70-30-307 . When payment of compensation to be made -- deposit of bond. In a proceeding for condemnation for a railroad, the condemnor shall within 30 days after final judgment pay the sum of money assessed but may at the time of or before the payment elect to build any required fences and cattle guards. A condemnor who elects to build the required fences and cattle guards shall execute to the condemnee a bond with sureties to be approved by the court, in double the assessed cost of the fences and cattle guards, conditioned upon building the fences and cattle guards within 8 months from the time the railroad is built on the land taken. If the bond is given, the condemnor is not required to pay the cost of the fences and cattle guards. In an action on the bond, the condemnee may recover reasonable attorney fees.
Mont. Code Ann. § 70-9-825 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-825
70-9-825 Agreement to locate property
Status: in_force

70-9-825 . Agreement to locate property. (1) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim.

(2) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.

(3) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.

(4) An agreement covered by this section that provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney fees to an owner who prevails in the action.

(5) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation.
Mont. Code Ann. § 70-29-330 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-330
70-29-330 Duty of clerk as to security and investments
Status: in_force

70-29-330 . Duty of clerk as to security and investments. The clerk of court in whose name a security is taken or by whom an investment is made and the clerk's successors in office:

(1) must receive the interest and principal as it becomes due and shall apply and invest the interest and principal as the court may direct;

(2) shall deposit with the county treasurer all securities taken; and

(3) shall keep an account of investments and money received and the disposition of the investments and money in a book provided and kept for that purpose in the clerk's office that is free for inspection by all persons.
Mont. Code Ann. § 70-24-109 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-109
70-24-109 Obligation of good faith
Status: in_force

70-24-109 . Obligation of good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
Mont. Code Ann. § 70-1-514 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-514
70-1-514 Clear limitation not controlled by other words
Status: in_force

70-1-514 . Clear limitation not controlled by other words. A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.
Mont. Code Ann. § 70-22-109 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-109
70-22-109 Duties of county clerk
Status: in_force

70-22-109 . Duties of county clerk. (1) The county clerk and recorder of the county containing the corner must receive the completed corner record and preserve it in a hardbound book. The books must be numbered in numerical order as filled.

(2) The clerk shall number the forms in numerical order as they are filed.

(3) The book and page number in which the corner record is filed must be placed by the clerk near that same corner on a cross-index plat for public land corners or on an index referenced to tract or lot number in a survey of record. The clerk shall provide an index for that purpose.

(4) The county clerk and recorder shall make these records available for public inspection during all usual office hours.

(5) There is no filing fee.
Mont. Code Ann. § 70-1-314 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-314
70-1-314 Interest in common -- how created
Status: in_force

70-1-314 . Interest in common -- how created. Every interest created in favor of several persons in their own right, including husband and wife, is an interest in common unless acquired by them in partnership for partnership purposes or unless declared in its creation to be a joint interest, as provided in 70-1-307 .
Mont. Code Ann. § 70-28-209 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-209
70-28-209 Personal service of summons -- service by mail
Status: in_force

70-28-209 . Personal service of summons -- service by mail. (1) If the affidavit discloses the name of any person next of kin or relationship to the deceased entryman or entitled to succeed to any part of the property or the name of a person who claims or may claim an interest by mortgage, trust deed, judgment, or other lien, the summons must also be personally served upon that person, if the person can be found within the state, together with a copy of the complaint and a copy of the affidavit, during the period of the publication of the summons, and there must be attached to the copy of the summons delivered to the person a copy of the memorandum provided in 70-28-208 .

(2) If the person resides out of the state, a copy of the summons, memorandum, complaint, and affidavit must be, within 10 days after the first publication of the summons, deposited in the United States post office, enclosed in a sealed envelope, postage prepaid, addressed to the person at the address given in the affidavit or, if an address is not given in the affidavit, then at the county seat of the county in which the action was brought. If the person resides within the state and could not with due diligence be found within the state within the period of the publication of the summons, then the notice described in this subsection must be mailed to the person, as provided in this subsection, upon the expiration of the period of publication.
Mont. Code Ann. § 70-24-108 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-108
70-24-108 What constitutes notice
Status: in_force

70-24-108 . What constitutes notice. (1) A person has notice of a fact if any of the following is true:

(a) the person has actual knowledge of it;

(b) in the case of a landlord, it is delivered at the place of business of the landlord through which the rental agreement was made;

(c) in the case of a tenant or a landlord, it is transmitted to an electronic mail address provided by the tenant or the landlord in the rental agreement. Notice by electronic mail is complete on receipt of a read receipt generated by an electronic mail system or an electronic mail reply other than an automatically generated electronic mail reply.

(d) in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the person at the place indicated by the person as the place for receipt of the communication or, in the absence of a designation, to the person's last-known address. If notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made on the date 3 days after the date of mailing.

(2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.
Mont. Code Ann. § 70-15-101 — MT Code / Title 70 / Chapter 15 / Part 1 / Section 70-15-101
70-15-101 Real property defined
Status: in_force

70-15-101 . Real property defined. Real or immovable property consists of:

(1) land;

(2) that which is affixed to land;

(3) that which is incidental or appurtenant to land;

(4) that which is immovable by law.
Mont. Code Ann. § 70-29-221 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-221
70-29-221 Expenses of previous litigation
Status: in_force

70-29-221 . Expenses of previous litigation. If it appears that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation, or perfecting of the title or setting the boundaries or making a survey or surveys of the estate partitioned, the court shall allow to the parties to the action who have paid the expense of the litigation or other proceedings all the expenses necessarily incurred in the litigation or proceedings, except counsel fees, that have accrued to the common benefit of the other tenants in common, with interest on the expenses from the date of making the expenditures, and the expenses must be pleaded and allowed by the court and included in the final judgment and are a lien upon the share of each tenant, respectively, in proportion to the tenant's interest and must be enforced in the same manner that taxable costs of partition are taxed and collected.
Mont. Code Ann. § 70-28-203 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-203
70-28-203 Remedies cumulative
Status: in_force

70-28-203 . Remedies cumulative. The remedies provided for by this part shall be deemed cumulative and in addition to any other remedy now or hereafter provided by law for quieting or establishing title to real property.
Mont. Code Ann. § 70-30-201 — MT Code / Title 70 / Chapter 30 / Part 2 / Section 70-30-201
70-30-201 Applicable rules of practice
Status: in_force

70-30-201 . Applicable rules of practice. Except as otherwise provided in this chapter, the provisions of Titles 25 and 26, including the Montana Rules of Civil Procedure and the Montana Rules of Evidence, are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter.
Mont. Code Ann. § 70-27-209 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-209
70-27-209 Treble rent exclusive of interest
Status: in_force

70-27-209 . Treble rent exclusive of interest. The damages prescribed by 70-27-207 and 70-27-208 are exclusive of exemplary damages and interest.
Mont. Code Ann. § 70-29-326 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-326
70-29-326 Tenant for life or years -- compensation upon sale
Status: in_force

70-29-326 . Tenant for life or years -- compensation upon sale. (1) The person entitled to a tenancy for life or years or who has a right or inchoate right of dower and whose estate has been sold is entitled to receive a sum that may be considered a reasonable satisfaction for the estate and that the person entitled may consent to accept instead of the right by an instrument in writing filed with the clerk of the court. Upon the filing of the consent, the clerk shall enter the consent in the minutes of the court.

(2) If the consent is not given, filed, and entered, as provided in subsection (1), at or before a judgment of sale is rendered, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of the estate and shall order the sum to be paid to the party or deposited in court for the party, as the case may require.

(3) If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner as if they were known and had appeared.
Mont. Code Ann. § 70-29-104 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-104
70-29-104 Who must be parties -- permissible plaintiffs
Status: in_force

70-29-104 . Who must be parties -- permissible plaintiffs. (1) The following must be parties to an action for partition:

(a) every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;

(b) every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;

(c) every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;

(d) every person having an inchoate right of dower in an undivided share in the property; and

(e) every person having a right of dower in the property or any part thereof which has not been admeasured.

(2) But no person other than a joint tenant or a tenant in common of the property shall be a plaintiff in the action.
Mont. Code Ann. § 70-28-206 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-206
70-28-206 Affidavit to accompany complaint
Status: in_force

70-28-206 . Affidavit to accompany complaint. (1) At the time of filing the complaint, the plaintiff shall file with the complaint the plaintiff's affidavit fully and explicitly setting forth and showing:

(a) the character of the plaintiff's estate, right, title, interest, or claim in the property;

(b) whether or not the plaintiff has ever made any conveyance of the plaintiff's interest in the property or any part of the property and, if so, when and to whom the conveyance was made and also a statement of all existing mortgages, deeds of trust, judgments, or other liens on the property;

(c) when and where the deceased entryman of the property died;

(d) what kin or relationship the claimant bore to the entryman at the time of the entryman's death; and

(e) the names and residences of any other persons who are next of kin or entitled to succeed to any portion of the lands, the subject of the action, and the names of and residences of all persons who have liens upon the property or any part of the property adversely to the plaintiff if the plaintiff knows or has been informed or has been able to discover any adverse person.

(2) If the plaintiff is unable to state any one or more of the matters required in subsection (1), the plaintiff shall set forth and show fully and explicitly the reasons for the inability.

(3) The affidavit constitutes a part of the judicial record.

(4) If the plaintiff is a person under guardianship, the affidavit must be made by the guardian.
Mont. Code Ann. § 70-23-613 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-613
70-23-613 Disclosure by seller -- seller to furnish documents -- delay period
Status: in_force

70-23-613 . Disclosure by seller -- seller to furnish documents -- delay period. (1) Whenever a person, corporation, or other legal entity constitutes a majority of the unit owners, the seller or the sellers's agent, prior to signing any buy-sell agreement, shall give to any person purchasing or expressing a desire to purchase one of the project units notice that:

(a) the seller or other person constitutes a majority of the unit owners;

(b) any bylaws and administrative regulations governing the operation of the development and the association, as adopted by the association, have been adopted by the seller or other person acting as a majority of the unit owners; and

(c) any change in the bylaws or administrative regulations occurring while the seller or other person constitutes a majority of the unit owners may be made only with the approval of the seller or other person constituting a majority of unit owners.

(2) Upon the request of any person purchasing or expressing a desire to purchase one of the project units, the seller or the seller's agent shall furnish to that buyer or prospective buyer, prior to signing any buy-sell agreement, a copy of the Unit Ownership Act, the bylaws of the association, and any administrative regulations governing the operation of the project or the association.

(3) Any buy-sell agreement must provide that it is not effective until 72 hours after the prospective purchaser has received the documents required in subsection (2), and during that delay, the prospective purchaser may withdraw the offer without penalty.
Mont. Code Ann. § 70-17-206 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-206
70-17-206 Apportionment of burdens and benefits
Status: in_force

70-17-206 . Apportionment of burdens and benefits. Except as provided in 70-1-522 , if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.
Mont. Code Ann. § 70-20-311 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-311
70-20-311 Grant on condition subsequent
Status: in_force

70-20-311 . Grant on condition subsequent. When a grant is made upon condition subsequent and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant shall reconvey the property to the grantor or the grantor's successors by grant duly acknowledged for the record.
Mont. Code Ann. § 70-9-830 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-830
70-9-830 When security presumed abandoned
Status: in_force

70-9-830 . When security presumed abandoned. (1) A security is presumed abandoned 3 years after:

(a) except as provided in subsection (1)(b), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or

(b) if the second communication is sent later than 30 days after the date the first communication is returned to the holder undelivered by the United States postal service, the date the first communication was returned to the holder undelivered by the United States postal service.

(2) If the holder does not send communications to the apparent owner of a security by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic mail communication not later than 2 years after the apparent owner's last indication of interest in the security. However, the holder shall promptly attempt to contact the apparent owner by first-class United States mail if:

(a) the holder does not have the information needed to send the apparent owner an electronic mail communication or the holder believes that the apparent owner's electronic mail address in the holder's records is invalid;

(b) the holder receives notification that the electronic mail communication was not received; or

(c) the apparent owner does not respond to the electronic mail communication within 30 days after the communication was sent.

(3) If first-class United States mail sent under subsection (2) is returned to the holder undelivered by the United States postal service, the security is presumed abandoned 3 years after the date the mail is returned.
Mont. Code Ann. § 70-6-514 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-514
70-6-514 Liability of parent or guardian for minor's damage to public accommodation
Status: in_force

70-6-514 . Liability of parent or guardian for minor's damage to public accommodation. If a minor willfully defaces or damages hotel property, the parent or guardian of the minor is liable for the cost of repair or replacement as provided in 40-6-237 and 40-6-238 .
Mont. Code Ann. § 70-28-201 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-201
70-28-201 Action authorized
Status: in_force

70-28-201 . Action authorized. Whenever the government of the United States has granted lands in the state of Montana to the heirs of a deceased entryman, any person who claims an estate of inheritance or interest in the lands may bring and maintain an action in rem against all the world in the district court for the county in which the real property is situated to establish the person's title to the property and to determine all adverse claims to the title. Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
Mont. Code Ann. § 70-30-322 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-322
70-30-322 Option of original owner or successor in interest to purchase at sale price
Status: in_force

70-30-322 . Option of original owner or successor in interest to purchase at sale price. (1) Except as provided in subsection (3), the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner's successor in interest, if there is a successor in interest, must be notified by the seller by certified mail and has a 30-day option from the date of a sale provided for in 70-30-321 to purchase the interest by offering an amount of money equal to the highest bid received for the interest at the sale.

(2) If bids are not received by the seller and the optionholder indicates in writing to the seller that the optionholder wishes to exercise the option, the seller must have the real property interest appraised and shall sell the interest at that price to the optionholder.

(3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
Mont. Code Ann. § 70-22-204 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-204
70-22-204 Description of location
Status: in_force

70-22-204 . Description of location. (1) For the purposes of describing the location of any survey station in Montana, it is considered a complete, legal, and satisfactory description of such location to give the position of the survey station on the system of plane coordinates designated in this part.

(2) When any tract of land to be defined by a single description extends from one into another of the NAD 27 coordinate zones, the positions of all points on its boundaries may be referred to either of such zones, the zone which is used being specifically named in the description.
Mont. Code Ann. § 70-9-403 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-403
70-9-403 Property unclaimed within 90 days to be sold -- notice -- surplus
Status: in_force

70-9-403 . Property unclaimed within 90 days to be sold -- notice -- surplus. (1) If a person does not call for the property within 90 days from the receipt of the property and pay freight and charges on the property, the carrier, commission merchant, or warehouse operator may sell the property or as much of the property, at auction to the highest bidder, as will pay freight and charges after giving 20 days' notice of the time and place of sale to the owner, consignee, or consignor, when known, and by advertisement in a daily paper for 10 days or in a weekly paper for 4 weeks, published where the sale is to take place.

(2) If any surplus is left after paying freight, storage, cost of advertising, and other reasonable charges, the surplus must be paid to the owner of the property at any time upon demand being made or within 60 days after the sale.
Mont. Code Ann. § 70-16-206 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-206
70-16-206 Partition fences required -- adjoining lands previously enclosed
Status: in_force

70-16-206 . Partition fences required -- adjoining lands previously enclosed. The occupants of adjoining lands enclosed with fences must build and maintain partition fences between their own and the next adjoining enclosure in equal shares so long as both continue to enclose the same, and such partition fence must be kept in good repair throughout the year unless the occupants otherwise mutually agree.
Mont. Code Ann. § 70-28-113 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-113
70-28-113 Order for survey or measurement
Status: in_force

70-28-113 . Order for survey or measurement. (1) The court in which an action is pending for the recovery of real property or mining claims or for damages for an injury or to quiet title or to determine adverse claims to real property or mining claims or a judge in the action may on motion, upon notice by either party, for good cause shown, grant an order allowing to the party the right to enter into or upon the property or mining claim and make survey or measurement of the property or claim or of any tunnels, shafts, or drifts in the property or claim for the purpose of the action even though entry for that purpose has to be made through other lands or mining claims belonging to parties to the action.

(2) The order must describe the property, and a copy of the order must be served on the owner or occupant. Upon service, the party may enter the property with necessary surveyors and assistants and make the survey and measurement. However, if unnecessary damage is done to the property, the party is liable for the damage.
Mont. Code Ann. § 70-23-902 — MT Code / Title 70 / Chapter 23 / Part 9 / Section 70-23-902
70-23-902 Change of agent for service of process
Status: in_force

70-23-902 . Change of agent for service of process. If the association of unit owners wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in 70-23-901 , it shall record an amendment to the declaration. The amendment must be certified by the presiding officer and the secretary of the association of unit owners and must state the name of the successor with the successor's residence or place of business as required by 70-23-301 (7) and that the person named in the amendment was designated by resolution duly adopted by the association of unit owners.
Mont. Code Ann. § 70-1-304 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-304
70-1-304 When ownership qualified
Status: in_force

70-1-304 . When ownership qualified. The ownership of property is qualified when:

(1) it is shared with one or more persons;

(2) the time of enjoyment is deferred or limited;

(3) the use is restricted.
Mont. Code Ann. § 70-26-205 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-205
70-26-205 Notice required to terminate lease
Status: in_force

70-26-205 . Notice required to terminate lease. (1) A hiring of real property for a term not specified by the parties is presumed to be renewed as stated in 70-26-204 at the end of the term implied by law unless one of the parties gives notice to the other of the intention to terminate the hiring at least as long before the expiration of the hiring as the term of the hiring itself, not exceeding 1 month.

(2) Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
Mont. Code Ann. § 70-29-322 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-322
70-29-322 Other securities to be exhausted first
Status: in_force

70-29-322 . Other securities to be exhausted first. Whenever any party to an action who holds a lien upon the property or any part thereof has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale or may order a just deduction to be made from the amount of the lien on the property on account thereof.
Mont. Code Ann. § 70-6-402 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-402
70-6-402 Deposit for hire defined
Status: in_force

70-6-402 . Deposit for hire defined. A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.
Mont. Code Ann. § 70-29-217 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-217
70-29-217 Abstract -- how made and verified
Status: in_force

70-29-217 . Abstract -- how made and verified. The abstract mentioned in 70-29-216 may be made by any competent searcher of records and need not be certified by the county clerk and recorder or other officer, but instead of certification it must be verified by the affidavit of the person making it to the effect that the person believes it to be correct. However, the abstract may be corrected from time to time, if found incorrect, under the direction of the court.
Mont. Code Ann. § 70-9-805 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-805
70-9-805 Rules for taking custody
Status: in_force

70-9-805 . Rules for taking custody. Except as otherwise provided in this part or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:

(1) the last-known address of the apparent owner, as shown on the records of the holder, is in this state;

(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last-known address of the person entitled to the property is in this state;

(3) the records of the holder do not reflect the last-known address of the apparent owner and it is established that:

(a) the last-known address of the person entitled to the property is in this state; or

(b) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last-known address of the apparent owner or other person entitled to the property;

(4) the last-known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(5) the last-known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(6) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last-known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or

(7) the property is a traveler's check or money order purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
Mont. Code Ann. § 70-32-302 — MT Code / Title 70 / Chapter 32 / Part 3 / Section 70-32-302
70-32-302 How abandoned -- declaration
Status: in_force

70-32-302 . How abandoned -- declaration. A homestead can be abandoned only by a declaration of abandonment or a grant thereof executed and acknowledged by:

(1) the husband and wife if the claimant is married;

(2) the claimant if unmarried.
Mont. Code Ann. § 70-24-301 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-301
70-24-301 Duty to disclose name of person responsible
Status: in_force

70-24-301 . Duty to disclose name of person responsible. (1) A landlord or a person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

(a) the person authorized to manage the premises; and

(b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.

(2) The information required to be furnished by this section must be kept current and in writing, and this section extends to and is enforceable against any successor landlord, owner, or manager.

(3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:

(a) service of process and receiving notices and demands; and

(b) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for that purpose all rent collected from the premises.
Mont. Code Ann. § 70-9-827 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-827
70-9-827 Transitional provisions
Status: in_force

70-9-827 . Transitional provisions. (1) An initial report filed under this part for property that was not required to be reported before July 1, 1997, but that is subject to this part must include all items of property that would have been presumed abandoned during the 10-year period next preceding July 1, 1997, as if this part had been in effect during that period.

(2) This part does not relieve a holder of a duty that arose before July 1, 2023, to report, pay, or deliver property. Except as otherwise provided in 70-9-819 (2), a holder that did not comply with the law in effect before July 1, 2023, is subject to the applicable provisions for enforcement and penalties that then existed, which are continued in effect for the purpose of this section.
Mont. Code Ann. § 70-29-206 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-206
70-29-206 Procedure in relation to lots and subdivisions
Status: in_force

70-29-206 . Procedure in relation to lots and subdivisions. When the site of an incorporated city or town is included within the exterior boundaries of the property to be partitioned, on said fact being established by evidence, the following proceedings shall be had:

(1) The court shall thereupon direct the referees to survey and appraise the entire property to be partitioned by actual lots and subdivisions then existing in the actual possession of the several tenants in common, exclusive of the value of improvements thereon, first setting apart necessary portions of the property for ways, roads, and streets, as in 70-29-205 provided, and to report such survey and separate appraisement on each lot and subdivision to the court. The court may confirm, change, modify, or set aside the report in whole or in part and, if necessary, appoint new referees.

(2) When, after the final confirmation of the report of such survey and appraisement, it shall appear by evidence to the satisfaction of the court that an equitable partition of the whole property is impracticable and a sale of the site of such city, town, or any portion thereof will be for the best interest of the owners of the whole property, it shall order a sale thereof; provided that within 60 days thereafter any tenant in common or tenants in common having improvements erected on any town or city lot or subdivision included in such order of sale shall have the prior right to purchase the same at such appraised valuation and pay into court the amount so appraised as the value thereof, and upon such payment, the title shall vest in such purchaser or purchasers, and the court shall cause to be executed by said referees a deed for such lot or subdivision in fee and in severalty to such purchaser or purchasers. Such further proceedings shall then be had as to the remainder of the property and the money so paid to the court as by this chapter provided.
Mont. Code Ann. § 70-32-107 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-107
70-32-107 Declaration to be recorded
Status: in_force

70-32-107 . Declaration to be recorded. The declaration must be recorded in the office of the county clerk of the county in which the land is situated.
Mont. Code Ann. § 70-24-106 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-106
70-24-106 Construction against implicit repeal
Status: repealed

70-24-106 . Construction against implicit repeal. No part of this chapter is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Mont. Code Ann. § 70-29-410 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-410
70-29-410 Determination of value
Status: in_force

70-29-410 . Determination of value. (1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).

(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

(5) If an appraisal is conducted pursuant to subsection (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address stating:

(a) the appraised fair market value of the property;

(b) that the appraisal is available at the clerk's office; and

(c) that a party may file with the court an objection to the appraisal, not later than 30 days after the notice is sent, stating the grounds for the objection.

(6) If an appraisal is filed with the court pursuant to subsection (4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (5), whether or not an objection to the appraisal is filed under subsection (5)(c). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.

(7) After a hearing under subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Mont. Code Ann. § 70-18-102 — MT Code / Title 70 / Chapter 18 / Part 1 / Section 70-18-102
70-18-102 Removal of fixture by tenant
Status: in_force

70-18-102 . Removal of fixture by tenant. A tenant may remove from the demised premises, any time during the continuance of the tenant's term, anything affixed to the premises for purposes of trade, manufacture, ornament, or domestic use if the removal can be effected without injury to the premises unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
Mont. Code Ann. § 70-16-207 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-207
70-16-207 Occupant of land adjoining enclosure of another -- when required to share expense of partition fence
Status: in_force

70-16-207 . Occupant of land adjoining enclosure of another -- when required to share expense of partition fence. If any occupant of land adjoining the enclosure of another encloses the land, upon the enclosure of the other person, the occupant shall within 3 months build the occupant's proportion of the partition fence or refund to the owner of the fence an equal proportion of the value, at that time, of any partition fence of the adjoining occupant.
Mont. Code Ann. § 70-24-427 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-427
70-24-427 Landlord's remedies after termination -- action for possession
Status: in_force

70-24-427 . Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.

(2) (a) Except as provided in subsection (2)(b), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons. If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-24-321 (3), the action must be heard within 5 business days after the case is transmitted to the district court.

(b) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possession and rent has been adjudicated.

(3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.

(4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession and a writ of assistance immediately. The writ of assistance must be executed by the sheriff:

(a) within 5 business days of the sheriff receiving the writ of assistance, excluding of the date of receipt by the sheriff; or

(b) at a time no more than 5 business days after the sheriff receives the writ of assistance or as otherwise agreed to by the landlord and the sheriff.
Mont. Code Ann. § 70-31-102 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-102
70-31-102 Definitions
Status: in_force

70-31-102 . Definitions. As used in this chapter, unless the context otherwise requires, the following definitions apply:

(1) "Agency" means a department, agency, or instrumentality of the state of Montana or of a political subdivision of the state, a department, agency, or instrumentality of two or more states or two or more political subdivisions of the state or of two or more states, or a person who has the authority to acquire property by eminent domain as provided in Title 70, chapter 30.

(2) "Appraisal" means a written statement, independently and impartially prepared by a qualified appraiser, setting forth an opinion of defined value of an adequately described property as of a specified date and supported by the presentation and analysis of relevant market information.

(3) "Average annual net earnings" means one-half of any net earnings of a business or farm operation, before federal and state income taxes, during the 2 tax years immediately preceding the tax year in which the business or farm operation moves from real property acquired for a project of an agency (for which federal financial assistance is available to pay all or any part of the cost) or during any other period that the acquiring agency determines to be more equitable for establishing earnings and includes any compensation paid by the business or farm operation to the owner, the owner's spouse, or the owner's dependents during the period.

(4) "Business" means any lawful activity, except a farm operation, conducted:

(a) primarily for the purchase, sale, lease, and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(b) primarily for the sale of services to the public;

(c) primarily by a nonprofit organization; or

(d) solely for the purposes of paying moving or related expenses to assist in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the activities included as a business are conducted.

(5) (a) "Displaced person" means:

(i) any person who moves from real property or moves that person's personal property from real property:

(A) as a direct result of a written notice of intent to acquire or by the acquisition of the real property, in whole or in part, for a program or project undertaken by a displacing agency for which federal financial assistance will be available to pay all or any part of the cost; or

(B) on which the person is a residential tenant or conducts a small business, farm operation, or a business defined in subsection (4)(d), as a direct result of rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent and for which federal financial assistance will be available to pay all or any part of the cost;

(ii) any person who, for purposes of providing moving and related expenses or relocation advisory services only, moves from real property or moves that person's personal property from real property as a direct result of:

(A) a written notice of intent to acquire or as a direct result of the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or

(B) the rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent.

(b) The term "displaced person" does not include a person who:

(i) has been determined, according to criteria established by the agency, to be either unlawfully occupying the displacement dwelling or to have been occupying the dwelling for the purpose of obtaining assistance under this part; or

(ii) occupies property owned by the agency on a short-term rental basis or for a period subject to termination when the property is needed for the program or project and who was not an occupant of the property at the time it was acquired by the agency.

(6) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing agricultural products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(7) "Federal act" means the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" or as that act may be amended.

(8) "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance.

(9) "Person" means any individual, partnership, corporation, or association.
Mont. Code Ann. § 70-19-204 — MT Code / Title 70 / Chapter 19 / Part 2 / Section 70-19-204
70-19-204 Order for inspection or survey
Status: in_force

70-19-204 . Order for inspection or survey. (1) Whenever a person has any right to or interest in any lead, lode, or mining claim that is in the possession of another person and it is necessary for the ascertainment, enforcement, or protection of that right or interest that an inspection, examination, or survey of the lead, mine, lode, or mining claim should be made or whenever any inspection, examination, or survey of the lead, mine, lode, or mining claim is necessary to protect, ascertain, or enforce the right or interest of any person in another lead, mine, lode, or mining claim and the person in possession of the other lead, mine, lode, or mining claim refuses for a period of 3 days after demand in writing to allow the inspection, examination, or survey to be had or made, the demanding party may present to the district court of the county in which the lead, mine, lode, or mining claim is located a petition under oath setting out the party's interest in the premises, describing the premises, setting out that the premises are in the possession of a party, naming the party, setting out the reason why the examination, inspection, or survey is necessary, and setting out the demand made on the person in possession to permit the examination, inspection, or survey and the person's refusal.

(2) The court or judge shall appoint a time and place for hearing a petition and shall order notice to be served upon the adverse party. The notice must be served at least 1 day before the day of hearing. At the hearing, either party may read affidavits or produce oral testimony, and if the judge is satisfied that the facts stated in the petition are true, the judge shall make an order for an inspection, examination, or survey of the lead, mine, lode, or mining claim in question in a manner, at a time, and by persons that are mentioned in the order. Upon the order the person shall have free access to the lead, mine, lode, or mining claim for the purpose of making the inspection, examination, or survey, and any interference with the person while acting under the order is contempt of court.

(3) If the order of the court is made while an action is pending between the parties to the order, the costs of obtaining the order must await the result of the action, but all costs of making the examination or survey must be paid by the petitioner.
Mont. Code Ann. § 70-1-505 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-505
70-1-505 Right of reentry or repossession transferable
Status: in_force

70-1-505 . Right of reentry or repossession transferable. A right of reentry or of repossession for breach of condition subsequent can be transferred.
Mont. Code Ann. § 70-28-212 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-212
70-28-212 Time for appearance by defendant -- answer
Status: in_force

70-28-212 . Time for appearance by defendant -- answer. At any time within the first 60 days from the first publication of the summons or within a further time, not exceeding 30 days, that the court may for good cause grant, any person having or claiming any estate, right, title, or interest in or to or lien upon the property or any part of the property may appear and become a party to the action by pleading to the complaint. All answers must be verified and set forth specifically the kin or relationship of the deceased entryman and the estate, right, title, interest, or lien claimed.
Mont. Code Ann. § 70-9-801 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-801
70-9-801 Short title
Status: in_force

70-9-801 . Short title. This part may be cited as the "Uniform Unclaimed Property Act".
Mont. Code Ann. § 70-1-322 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-322
70-1-322 Kinds of future interests
Status: in_force

70-1-322 . Kinds of future interests. A future interest is either:

(1) vested; or

(2) contingent.
Mont. Code Ann. § 70-23-502 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-502
70-23-502 Certain work on unit by owner prohibited
Status: in_force

70-23-502 . Certain work on unit by owner prohibited. A unit owner may not make a repair or alteration or perform any other work on the owner's unit that would jeopardize the soundness or safety of the property, reduce the value of the property, or impair any easement or hereditament unless the consent of all the other unit owners affected is first obtained.
Mont. Code Ann. § 70-23-609 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-609
70-23-609 Foreclosure on unit -- payment of rent -- purchase of unit by manager
Status: in_force

70-23-609 . Foreclosure on unit -- payment of rent -- purchase of unit by manager. (1) In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent.

(2) The manager acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid on the unit at the foreclosure sale and to acquire and hold, lease, mortgage, and convey the same.
Mont. Code Ann. § 70-29-303 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-303
70-29-303 Who may not be purchasers
Status: in_force

70-29-303 . Who may not be purchasers. (1) Neither of the referees nor any person for the benefit of either of them can be interested in any purchase, nor can a guardian of a minor party be interested in the purchase of any real property being the subject of the action except for the benefit of the minor.

(2) All sales contrary to the provisions of this section are void.
Mont. Code Ann. § 70-21-204 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-204
70-21-204 Proof of handwriting acceptable for recording -- when
Status: in_force

70-21-204 . Proof of handwriting acceptable for recording -- when. An instrument proved and certified pursuant to 1-5-302 and 1-5-303 may be recorded in the proper office if the original is at the same time deposited therein to remain for public inspection, but not otherwise.
Mont. Code Ann. § 70-33-105 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-105
70-33-105 Supplementary principles of law
Status: in_force

70-33-105 . Supplementary principles of law. Unless superseded by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement the provisions of this chapter.
Mont. Code Ann. § 70-33-107 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-107
70-33-107 Obligation of good faith
Status: in_force

70-33-107 . Obligation of good faith. Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
Mont. Code Ann. § 70-30-107 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-107
70-30-107 Private roads
Status: in_force

70-30-107 . Private roads. Private roads may be opened in the manner prescribed by this chapter, but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited.
Mont. Code Ann. § 70-6-106 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-106
70-6-106 Deposit for keeping defined
Status: in_force

70-6-106 . Deposit for keeping defined. A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
Mont. Code Ann. § 70-29-310 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-310
70-29-310 Execution of conveyances and taking of security
Status: in_force

70-29-310 . Execution of conveyances and taking of security. If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of sale.
Mont. Code Ann. § 70-2-212 — MT Code / Title 70 / Chapter 2 / Part 2 / Section 70-2-212
70-2-212 Real property partition provisions applicable
Status: in_force

70-2-212 . Real property partition provisions applicable. The provisions contained in chapter 29 of this title, which prescribe the manner in which real property may be sold, are hereby made applicable to the action which is authorized by 70-2-211 .
Mont. Code Ann. § 70-27-203 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-203
70-27-203 Showings required on trial
Status: in_force

70-27-203 . Showings required on trial. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff is only required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was peaceably in the actual possession at the time of the forcible entry or was entitled to the possession at the time of the forcible detainer. The defendant may show in defense that the defendant or the defendant's ancestors or those whose interest in the premises the defendant claims have been in the quiet possession of the premises for the space of 1 whole year before the commencement of the proceedings and that the defendant's interest in the premises is not then ended or determined, and the showing is a bar to the proceedings.
Mont. Code Ann. § 70-32-204 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-204
70-32-204 Application for appraisal -- contents -- filing
Status: in_force

70-32-204 . Application for appraisal -- contents -- filing. (1) The application must be made upon a verified petition showing:

(a) the fact that an execution has been levied upon the homestead;

(b) the name of the claimant;

(c) that the value of the homestead exceeds the amount of the homestead exemption.

(2) The petition must be filed with the clerk of the district court.
Mont. Code Ann. § 70-26-101 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-101
70-26-101 Letting of parts of rooms prohibited
Status: in_force

70-26-101 . Letting of parts of rooms prohibited. A person who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary, and if a landlord lets a room as a dwelling for more than one family, the person to whom the landlord first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building under the same landlord is relieved from all obligation to pay rent to the landlord while the double letting of any room continues.
Mont. Code Ann. § 70-33-106 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-106
70-33-106 Notice
Status: in_force

70-33-106 . Notice. (1) A person has notice of a fact if:

(a) the person has actual knowledge of the fact;

(b) in the case of a landlord, the notice is delivered at the place of business of the landlord through which the rental agreement was made; or

(c) in the case of a landlord or tenant, the notice is personally delivered to the landlord or tenant or mailed with a certificate of mailing or by certified mail to the place held out by the landlord or tenant as the place for receipt of the communication or, in the absence of a designation, to the landlord's or tenant's last-known address. When notice is made by certificate of mailing or certified mail, the service of the notice must be considered to have been made 3 days after the date of mailing.

(2) Notice received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction on behalf of the organization and, in any event, from the time the notice would have been brought to the individual's attention if the organization had exercised reasonable diligence.
Mont. Code Ann. § 70-26-203 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-203
70-26-203 Failure of lessor to repair -- lessee's remedies
Status: in_force

70-26-203 . Failure of lessor to repair -- lessee's remedies. (1) If within a reasonable time after notice to the lessor of dilapidations that the lessor ought to repair, the lessor neglects to do so and if the cost of the repairs does not require an expenditure greater than 1 month's rent of the premises, the lessee may perform the repairs and deduct the expenses of the repairs from the rent or the lessee may vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions.

(2) Subsection (1) does not apply to real property leased under an arrangement governed by Title 70, chapter 24.
Mont. Code Ann. § 70-29-327 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-327
70-29-327 Minor's share of proceeds -- payment to guardian
Status: in_force

70-29-327 . Minor's share of proceeds -- payment to guardian. When the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to the minor's general guardian or the special guardian appointed for the minor in the action upon giving the security required by law or directed by order of the court.
Mont. Code Ann. § 70-32-211 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-211
70-32-211 Amount of bid
Status: in_force

70-32-211 . Amount of bid. At such sale no bid must be received unless it exceeds the amount of the homestead exemption.
Mont. Code Ann. § 70-16-209 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-209
70-16-209 Repair or rebuilding of partition fences
Status: in_force

70-16-209 . Repair or rebuilding of partition fences. If a person neglects or refuses to repair or rebuild any partition fence that by law the person ought to build or maintain, the occupant of the adjoining land may, after giving 60 days' notice that a new fence should be erected or 5 days' notice in writing that the repairing of the fence is necessary, build or repair the fence at the expense of the party neglecting or refusing. The amount expended may be recovered from the neglecting or refusing party after receipt of the notice, and the neglecting or refusing party is liable to the party injured for all damages sustained by the neglect or refusal.
Mont. Code Ann. § 70-1-501 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-501
70-1-501 Transfer defined
Status: in_force

70-1-501 . Transfer defined. Transfer is an act of the parties or of the law by which the title to property is conveyed from one living person to another.
Mont. Code Ann. § 70-30-310 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-310
70-30-310 New proceedings to cure defective title
Status: in_force

70-30-310 . New proceedings to cure defective title. If the title to property attempted to be acquired is found to be defective from any cause, the condemnor may again institute proceedings to acquire the property, as prescribed in this chapter.
Mont. Code Ann. § 70-29-214 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-214
70-29-214 Status of estate for life or years when partial sale ordered
Status: in_force

70-29-214 . Status of estate for life or years when partial sale ordered. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold.
Mont. Code Ann. § 70-23-801 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-801
70-23-801 Removal from chapter -- recorded instrument -- consent of lienholders
Status: in_force

70-23-801 . Removal from chapter -- recorded instrument -- consent of lienholders. All of the unit owners may remove a property from the provisions of this chapter by executing and recording an instrument to that effect if the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after removal from the provisions of this chapter.
Mont. Code Ann. § 70-2-101 — MT Code / Title 70 / Chapter 2 / Part 1 / Section 70-2-101
70-2-101 Thing in action defined
Status: in_force

70-2-101 . Thing in action defined. A thing in action is a right to recover money or other personal property by a judicial proceeding.
Mont. Code Ann. § 70-23-405 — MT Code / Title 70 / Chapter 23 / Part 4 / Section 70-23-405
70-23-405 Common elements to remain undivided -- partition prohibited
Status: in_force

70-23-405 . Common elements to remain undivided -- partition prohibited. The common elements shall remain undivided, and no unit owner shall bring any action for partition or division of any part thereof except as provided in 70-23-805 . Any covenant to the contrary is void.
Mont. Code Ann. § 70-30-102 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-102
70-30-102 Public uses enumerated
Status: in_force

70-30-102 . Public uses enumerated. Subject to the provisions of this chapter, the right of eminent domain may be exercised for the following public uses:

(1) all public uses authorized by the government of the United States;

(2) public buildings and grounds for the use of the state and all other public uses authorized by the legislature of the state;

(3) public buildings and grounds for the use of any county, city, town, or school district;

(4) canals, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any county, city, or town;

(5) projects to raise the banks of streams, remove obstructions from streambanks, and widen, deepen, or straighten stream channels;

(6) water and water supply systems as provided in Title 7, chapter 13, part 44;

(7) roads, streets, alleys, controlled-access facilities, and other publicly owned buildings and facilities for the benefit of a county, city, or town or the inhabitants of a county, city, or town;

(8) acquisition of road-building material as provided in 7-14-2123 ;

(9) stock lanes as provided in 7-14-2621 ;

(10) parking areas as provided in 7-14-4501 and 7-14-4622 ;

(11) airport purposes as provided in 7-14-4801 , 67-2-301 , 67-7-210 , and Title 67, chapters 10 and 11;

(12) urban renewal projects as provided in Title 7, chapter 15, parts 42 and 43, except that private property may be acquired for urban renewal through eminent domain only if the property is determined to be a blighted area, as defined in 7-15-4206 (2)(a), (2)(d), (2)(g), or (2)(h), and may not be acquired for urban renewal through eminent domain if the purpose of the project is to increase government tax revenue;

(13) housing authority purposes as provided in Title 7, chapter 15, part 44;

(14) city or town athletic fields and civic stadiums as provided in 7-16-4106 ;

(15) county cemetery purposes pursuant to 7-11-1021 , cemetery association purposes as provided in 35-20-104 , and state veterans' cemetery purposes as provided in 10-2-604 ;

(16) preservation of historical or archaeological sites as provided in 23-1-102 and 87-1-209 (2);

(17) public assistance purposes as provided in 53-2-201 ;

(18) highway purposes as provided in 60-4-103 and 60-4-104 ;

(19) common carrier pipelines as provided in 69-13-104 ;

(20) water supply, water transportation, and water treatment systems as provided in 75-6-313 ;

(21) mitigation of the release or threatened release of a hazardous or deleterious substance as provided in 75-10-720 ;

(22) the acquisition of nonconforming outdoor advertising as provided in 75-15-123 ;

(23) screening for or the relocation or removal of junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, and sanitary landfills as provided in 75-15-223 ;

(24) water conservation and flood control projects as provided in 76-5-1108 ;

(25) acquisition of water rights for the natural flow of water as provided in 85-1-204 ;

(26) property and water rights necessary for waterworks as provided in 85-1-209 and 85-7-1904 ;

(27) conservancy district purposes as provided in 85-9-410 ;

(28) wharves, docks, piers, chutes, booms, ferries, bridges, private roads, plank and turnpike roads, and railroads;

(29) canals, ditches, flumes, aqueducts, and pipes for:

(a) supplying mines, mills, and smelters for the reduction of ores;

(b) supplying farming neighborhoods with water and drainage;

(c) reclaiming lands; and

(d) floating logs and lumber on streams that are not navigable;

(30) sites for reservoirs necessary for collecting and storing water. However, reservoir sites must possess a public use demonstrable to the district court as the highest and best use of the land.

(31) roads, tunnels, and dumping places for working mines, mills, or smelters for the reduction of ores;

(32) outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines, mills, and smelters for the reduction of ores;

(33) an occupancy in common by the owners or the possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, mills, or smelters for reduction of ores and sites for reservoirs necessary for collecting and storing water for the mines, mills, or smelters. However, the reservoir sites must possess a public use demonstrable to the district court as the highest and best use of the land.

(34) private roads leading from highways to residences or farms;

(35) telephone or electrical energy lines, except that local government entities as defined in 2-7-501 , municipal utilities, or competitive electricity suppliers may not use this chapter to acquire existing telephone or electrical energy lines and appurtenant facilities owned by a public utility or cooperative for the purpose of transmitting or distributing electricity or providing telecommunications services;

(36) telegraph lines;

(37) sewerage of any:

(a) county, city, or town or any subdivision of a county, city, or town, whether incorporated or unincorporated;

(b) settlement consisting of not less than 10 families; or

(c) public buildings belonging to the state or to any college or university;

(38) tramway lines;

(39) logging railways;

(40) temporary logging roads and banking grounds for the transportation of logs and timber products to public streams, lakes, mills, railroads, or highways for a time that the court or judge may determine. However, the grounds of state institutions may not be used for this purpose.

(41) underground reservoirs suitable for storage of natural gas;

(42) projects to mine and extract ores, metals, or minerals owned by the condemnor located beneath or upon the surface of property where the title to the surface vests in others. However, the use of the surface of property for strip mining or open-pit mining of coal (i.e., any mining method or process in which the strata or overburden is removed or displaced in order to extract the coal) is not a public use, and eminent domain may not be exercised for this purpose.

(43) projects to restore and reclaim lands that were strip-mined or underground-mined for coal and not reclaimed in accordance with Title 82, chapter 4, part 2, and to abate or control adverse effects of strip or underground mining on those lands.
Mont. Code Ann. § 70-1-303 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-303
70-1-303 When ownership absolute
Status: in_force

70-1-303 . When ownership absolute. The ownership of property is absolute when a single person has the absolute dominion over it and may use it or dispose of it according to the person's pleasure, subject only to general laws.
Mont. Code Ann. § 70-7-102 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-102
70-7-102 Loan for use defined
Status: in_force

70-7-102 . Loan for use defined. A loan for use is a contract by which one gives to another the temporary use and possession of personal property and the latter agrees to return the same thing to the loaning person at a future time without reward for its use.
Mont. Code Ann. § 70-20-502 — MT Code / Title 70 / Chapter 20 / Part 5 / Section 70-20-502
70-20-502 Seller disclosure -- statement
Status: in_force

70-20-502 . Seller disclosure -- statement. (1) In any transfer of residential real property in the state, the seller shall provide a disclosure statement to a buyer disclosing any adverse material facts that concern the residential real property and of which the seller has actual knowledge. The disclosure statement must be provided by the seller prior to or contemporaneously with the execution of a contract, either directly or via the real estate agent or other authorized representative of the seller, and must be provided to the buyer or the real estate agent or other authorized representative of the buyer. The disclosure statement must contain, at a minimum, any of the following information of which the seller has actual knowledge:

(a) matters affecting legal ownership or title to the residential real property or the seller's ability to transfer the residential real property;

(b) matters affecting water service to the residential real property or the water source serving the residential real property;

(c) matters affecting the system for wastewater treatment that serves the residential real property;

(d) information concerning utility connections for the residential real property;

(e) matters affecting the buildings or other structures designed or intended for occupancy as a residence, including water intrusion, and problems or other issues related to any structural system or improvement, including any well, septic system, roof, foundation, plumbing, electrical system, heating system, windows, doors, or appliances;

(f) whether any substantial additions or alterations have been made to the residential real property without a building permit;

(g) whether there are any hazardous materials or pest infestations located on the residential real property or in the immediate area;

(h) whether there are any problems with settling, soil, standing water, or drainage on the residential real property or in the immediate area;

(i) whether any portion of the residential real property has been tested or treated for asbestos, radon gas, lead-based paint, mold, methamphetamine, fuel or chemical storage tanks, or contaminated soil or water; and

(j) any other adverse material fact, including environmental issues, structural system issues, mechanical issues, legal issues, physical issues, or others not listed above of which the seller has actual knowledge concerning the residential real property.

(2) The disclosure statement must also include statements substantially similar to the following:

(a) that the disclosure statement constitutes a statement of the conditions of the residential real property and information concerning the residential real property actually known by the seller;

(b) that the seller or the real estate agent or other authorized representative of the seller is not obligated to investigate the residential real property in preparing the disclosure statement and that unless the buyer is otherwise advised in writing, the seller, other than having lived at or owning the property, possesses no greater knowledge than that which could be obtained by a careful inspection of the property by the buyer;

(c) that unless the buyer and seller have otherwise agreed in writing, any contract is not effective until 3 days after the buyer has received the disclosure statement, and during that delay the prospective buyer may withdraw or rescind any contract to purchase the residential real property without penalty;

(d) that the disclosure statement is not a warranty of any kind by the seller or the real estate agent or other authorized representative of the seller in the transaction involving the transfer of the residential real property; and

(e) that the disclosure statement is not a substitute for any inspections conducted by or for the buyer and that the buyer is encouraged to consult independent inspectors to aid in the buyer's due diligence process prior to the purchase of the residential real property.
Mont. Code Ann. § 70-31-106 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-106
70-31-106 Payments not income under tax laws or other assistance laws
Status: in_force

70-31-106 . Payments not income under tax laws or other assistance laws. No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility of any person for assistance under any state law or for the purposes of determining income under state tax laws.
Mont. Code Ann. § 70-4-201 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-201
70-4-201 Use of materials belonging to another -- reimbursement
Status: in_force

70-4-201 . Use of materials belonging to another -- reimbursement. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of the materials.
Mont. Code Ann. § 70-20-113 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-113
70-20-113 Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions
Status: in_force

70-20-113 . Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions. (1) Upon the sale or transfer of ownership of a dwelling not otherwise required to have a carbon monoxide detector and a smoke detector, the seller shall provide a written notice to the buyer in a buy-sell agreement or at the time of the sale to the buyer that the dwelling is equipped or is not equipped with a carbon monoxide detector and smoke detectors or other fire detection devices.

(2) Neither the seller nor the seller's agent nor the buyer's agent is liable in a civil action for failure to comply with or for negligence in complying with the requirements of subsection (1). Evidence of failure to comply with or of negligence in complying with subsection (1) is not admissible in a civil action.

(3) In this section, the following definitions apply:

(a) "Carbon monoxide detector" means a device that detects the presence of carbon monoxide and emits an alarm at elevated levels of carbon monoxide.

(b) "Dwelling" means a building or portion of a building, including a mobile home or housetrailer, that contains not more than two dwelling units.

(c) "Dwelling unit" means a building or portion of a building that contains living facilities with provision for sleeping, eating, cooking, and sanitation for not more than one family.

(d) "Smoke detector" means a device that detects visible or invisible particles or combustion.
Mont. Code Ann. § 70-29-304 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-304
70-29-304 Party or encumbrancer as purchaser
Status: in_force

70-29-304 . Party or encumbrancer as purchaser. When a party entitled to a share of the property or an encumbrancer entitled to have a lien paid out of the sale becomes a purchaser, the referees may take the purchaser's receipt for as much of the proceeds of the sale as belongs to the purchaser.
Mont. Code Ann. § 70-28-301 — MT Code / Title 70 / Chapter 28 / Part 3 / Section 70-28-301
70-28-301 Entry townsite land defined
Status: in_force

70-28-301 . Entry townsite land defined. "Entry townsite land" means land upon which an entry was made on or before July 1, 1921, by a probate court of any county in the territory or state of Montana for a townsite and a patent for the townsite was issued by the United States to the probate court or judge under the provisions of an act of congress entitled "An Act for the Relief of the Inhabitants of Cities and Towns Upon Public Lands", approved March 2, 1867, or other and subsequent acts of congress relating to entering lands for townsite purposes.
Mont. Code Ann. § 70-24-322 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-322
70-24-322 Tenant to occupy as dwelling unit only -- extended absence
Status: in_force

70-24-322 . Tenant to occupy as dwelling unit only -- extended absence. (1) Unless otherwise agreed, a tenant shall occupy the tenant's dwelling unit only as a dwelling unit.

(2) The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days no later than the first day of the extended absence.
Mont. Code Ann. § 70-2-202 — MT Code / Title 70 / Chapter 2 / Part 2 / Section 70-2-202
70-2-202 General procedural provisions applicable
Status: in_force

70-2-202 . General procedural provisions applicable. The provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a), M.R.Civ.P., are applicable to the action for which provision is made in 70-2-201 .
Mont. Code Ann. § 70-1-517 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-517
70-1-517 Irreconcilable provisions
Status: in_force

70-1-517 . Irreconcilable provisions. If several parts of a grant are absolutely irreconcilable, the former part prevails.
Mont. Code Ann. § 70-1-510 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-510
70-1-510 Delivery to grantee necessarily absolute
Status: in_force

70-1-510 . Delivery to grantee necessarily absolute. A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to the grantee's agent is necessarily absolute, and the instrument takes effect upon delivery, discharged of any condition on which the delivery is made.
Mont. Code Ann. § 70-24-311 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-311
70-24-311 Landlord authorized to adopt rules
Status: in_force

70-24-311 . Landlord authorized to adopt rules. (1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if:

(a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

(b) it is reasonably related to the purpose for which it is adopted;

(c) it applies to all occupants in the premises in a fair manner;

(d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;

(e) it is not for the purpose of evading the obligations of the landlord; and

(f) the tenant has notice of it at the time that the tenant enters into the rental agreement or when it is adopted.

(2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.

(3) If a rule is adopted after a tenant enters into a rental agreement that works a substantial modification of the tenant's bargain, it is not valid until 7 days after written notice to the tenant in the case of a week to week tenancy or 30 days' written notice in the case of tenancies from month to month.
Mont. Code Ann. § 70-6-205 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-205
70-6-205 Sale of thing in danger of perishing
Status: in_force

70-6-205 . Sale of thing in danger of perishing. If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of the proceedings to the depositor.
Mont. Code Ann. § 70-28-101 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-101
70-28-101 Quiet title action authorized
Status: in_force

70-28-101 . Quiet title action authorized. An action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether in actual possession or not, claiming title to real estate against any person or persons, both known and unknown, who claim or may claim any right, title, estate, or interest therein or lien or encumbrance thereon adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, for the purpose of determining such claim or possible claim and quieting the title to said real estate.
Mont. Code Ann. § 70-15-203 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-203
70-15-203 Fee simple
Status: in_force

70-15-203 . Fee simple. Every estate of inheritance is a fee, and such estate, when not defeasible or conditional, is a fee simple or an absolute fee.
Mont. Code Ann. § 70-6-603 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-603
70-6-603 Self-storage use -- prohibition on residential or other unlawful purposes
Status: in_force

70-6-603 . Self-storage use -- prohibition on residential or other unlawful purposes. (1) An operator may not knowingly permit a leased space at a self-storage facility to be used for residential purposes.

(2) A renter may not use a leased space for residential or other unlawful purposes.
Mont. Code Ann. § 70-29-415 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-415
70-29-415 Report of open-market sale
Status: in_force

70-29-415 . Report of open-market sale. (1) Unless required to do so within a shorter time by any other law of this state, a broker appointed under 70-29-412 (2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under 70-29-410 or 70-29-414 .

(2) The report required by subsection (1) must contain the following information:

(a) a description of the property to be sold to each buyer;

(b) the name of each buyer;

(c) the proposed purchase price;

(d) the terms and conditions of the proposed sale, including the terms of any owner financing;

(e) the amounts to be paid to lienholders;

(f) a statement of contractual or other arrangements or conditions of the broker's commission; and

(g) other material facts relevant to the sale.
Mont. Code Ann. § 70-33-304 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-304
70-33-304 Transfer of premises or termination of management -- relief from liability
Status: in_force

70-33-304 . Transfer of premises or termination of management -- relief from liability. (1) Unless otherwise agreed, a landlord who conveys premises subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.

(2) Unless otherwise agreed, a manager of premises subject to a rental agreement is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of the manager's management duties.
Mont. Code Ann. § 70-19-410 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-410
70-19-410 Claim of title not founded on instrument or judgment -- what considered occupation
Status: in_force

70-19-410 . Claim of title not founded on instrument or judgment -- what considered occupation. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

(1) where it has been protected by a substantial enclosure;

(2) where it has been usually cultivated or improved.
Mont. Code Ann. § 70-9-819 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-819
70-9-819 Periods of limitation
Status: in_force

70-9-819 . Periods of limitation. (1) The expiration, before or after July 1, 1997, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.

(2) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
Mont. Code Ann. § 70-20-405 — MT Code / Title 70 / Chapter 20 / Part 4 / Section 70-20-405
70-20-405 Other provisions on unlawful transfers -- where found
Status: in_force

70-20-405 . Other provisions on unlawful transfers -- where found. Other provisions concerning unlawful transfers are contained in Title 31, chapter 2, part 3, concerning the special relations of debtor and creditor.
Mont. Code Ann. § 70-32-201 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-201
70-32-201 Homestead exempt from execution generally
Status: in_force

70-32-201 . Homestead exempt from execution generally. The homestead is exempt from execution or forced sale, except as in this chapter provided.
Mont. Code Ann. § 70-6-606 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-606
70-6-606 Renter default -- access restriction
Status: in_force

70-6-606 . Renter default -- access restriction. (1) The operator has the right to deny the renter access to the leased space at the self-storage facility if:

(a) the rent or other charges due from the renter is delinquent and unpaid;

(b) the leased space is being used for residential or other unlawful purposes; or

(c) the renter fails to vacate the leased space after the rental agreement is terminated in accordance with its terms.

(2) A reasonable late fee may be imposed and collected by an operator for each period that a renter does not pay rent or other charges when due under the rental agreement if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement or in an addendum to that agreement. A late fee of $20 or 20% of the monthly rent, whichever is greater, is a reasonable fee and may not be considered a penalty. Any reasonable expense incurred as a result of rent collection or lien enforcement by an operator may be charged to the renter in addition to late fees.

(3) A renter who purposely or knowingly accesses a leased space after having been in default of the rental agreement and denied access under subsection (1) may be prosecuted under Title 45, chapter 6.
Mont. Code Ann. § 70-16-103 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-103
70-16-103 Duties of life tenant
Status: in_force

70-16-103 . Duties of life tenant. The owner of a life estate must keep the buildings and fences in repair from ordinary waste and must pay the taxes and other annual charges and a just proportion of extraordinary assessments benefiting the whole inheritance.
Mont. Code Ann. § 70-1-502 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-502
70-1-502 Voluntary transfer -- applicability of contract rules
Status: in_force

70-1-502 . Voluntary transfer -- applicability of contract rules. A voluntary transfer is an executed contract subject to all rules of law concerning contracts in general, except that a consideration is not necessary to its validity.
Mont. Code Ann. § 70-24-304 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-304
70-24-304 Transfer of premises or termination of management -- relief from liability
Status: in_force

70-24-304 . Transfer of premises or termination of management -- relief from liability. (1) Unless otherwise agreed, a landlord who conveys, in a good faith sale to a bona fide purchaser, premises that include a dwelling unit subject to a rental agreement is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. The landlord remains liable to the tenant for all security recoverable by the tenant pursuant to Title 70, chapter 25, and all prepaid rent.

(2) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of the manager's management.
Mont. Code Ann. § 70-1-405 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-405
70-1-405 Conditions restraining alienation void
Status: in_force

70-1-405 . Conditions restraining alienation void. Conditions restraining alienation, when repugnant to the interest created, are void.
Mont. Code Ann. § 70-16-106 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-106
70-16-106 Action for waste -- treble damages
Status: in_force

70-16-106 . Action for waste -- treble damages. If a guardian, tenant for life or years, joint tenant, or tenant in common of real property commits waste of the property, any person aggrieved by the waste may bring an action against that person. The judgment in the action may be for treble damages.
Mont. Code Ann. § 70-26-204 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-204
70-26-204 Renewal of lease by lessee's continued possession
Status: in_force

70-26-204 . Renewal of lease by lessee's continued possession. If a lessee of real property leased under an arrangement not governed by Title 70, chapter 24, remains in possession of the property after the expiration of the hiring and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding 1 month when the rent is payable monthly, or in any case 1 year.
Mont. Code Ann. § 70-24-203 — MT Code / Title 70 / Chapter 24 / Part 2 / Section 70-24-203
70-24-203 Agreement not to permit receipt of rent free of obligation
Status: in_force

70-24-203 . Agreement not to permit receipt of rent free of obligation. A rental agreement or a document related thereto may not permit the receipt of rent free of the obligation to comply with 70-24-303 .
Mont. Code Ann. § 70-17-301 — MT Code / Title 70 / Chapter 17 / Part 3 / Section 70-17-301
70-17-301 Creation of solar easements
Status: in_force

70-17-301 . Creation of solar easements. An easement obtained for the purpose of exposure of a solar energy device must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property.
Mont. Code Ann. § 70-9-814 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-814
70-9-814 Claim of another state to recover property
Status: in_force

70-9-814 . Claim of another state to recover property. (1) After property has been paid or delivered to the administrator under this part, another state may recover the property if:

(a) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last-known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;

(b) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted, the property has escheated or become subject to a claim of abandonment by that state;

(c) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last-known location of the owner within the borders of another state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;

(d) the property was subjected to custody by this state under 70-9-805 (6), and under the laws of the state of domicile of the holder, the property has escheated or become subject to a claim of abandonment by that state; or

(e) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under 70-9-805 (7), and under the laws of the other state, the property has escheated or become subject to a claim of abandonment by that state.

(2) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within 90 days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (1).

(3) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
Mont. Code Ann. § 70-9-405 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-405
70-9-405 Responsibility of carrier and bailee after storage
Status: in_force

70-9-405 . Responsibility of carrier and bailee after storage. After the storage of goods, merchandise, or property as provided in this part, the responsibility of the carrier ceases and the person with whom the goods, merchandise, or property is stored is not liable for any loss or damage on account of the storage unless the loss or damage results from the person's negligence or want of proper care.
Mont. Code Ann. § 70-22-211 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-211
70-22-211 Limit on use of Montana coordinate system NAD 83
Status: in_force

70-22-211 . Limit on use of Montana coordinate system NAD 83. The Montana coordinate system NAD 83 may not be used to define the position of a point on a land boundary for any publicly recorded instrument more than 1 year after the date that SPCS2022 is adopted by NGS as an official part of the NSRS. The Montana plane coordinate system as defined by NGS or its successors is the sole system to be used after this date.
Mont. Code Ann. § 70-23-303 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-303
70-23-303 Name of property -- similarity prohibited
Status: in_force

70-23-303 . Name of property -- similarity prohibited. No property shall bear a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision in the same county, except for the words "apartment", "motel", "building", "court", "place", or similar words.
Mont. Code Ann. § 70-29-213 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-213
70-29-213 Judgment not to affect certain tenants for years
Status: in_force

70-29-213 . Judgment not to affect certain tenants for years. The judgment does not affect tenants for years, less than 10, to the whole of the property which is the subject of the partition.
Mont. Code Ann. § 70-23-506 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-506
70-23-506 Compliance with bylaws, rules, and covenants required -- action
Status: in_force

70-23-506 . Compliance with bylaws, rules, and covenants required -- action. Except as provided in 70-1-522 , each unit owner shall comply with the bylaws and with the rules adopted pursuant to the bylaws and with the covenants, conditions, and restrictions in the declaration or in the deed to the owner's unit. Failure to comply with the bylaws, rules, covenants, conditions, and restrictions is grounds for an action maintainable by the association of unit owners or by an aggrieved unit owner.
Mont. Code Ann. § 70-28-213 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-213
70-28-213 Recording of notice by plaintiff and defendant
Status: in_force

70-28-213 . Recording of notice by plaintiff and defendant. (1) The plaintiff shall, at the time of filing the complaint, and every defendant to claim or claiming any affirmative relief shall, at the time of filing an answer, record in the office of the county clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the object of the action or the defense and a particular description of the property affected by the action.

(2) The clerk and recorder shall record the filing in a book of the miscellaneous records of the clerk's office and shall make a reference as to the date and time of the filing of the notice and, when recorded, to the book and page record.
Mont. Code Ann. § 70-30-104 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-104
70-30-104 What estates and rights in land may be taken
Status: in_force

70-30-104 . What estates and rights in land may be taken. (1) The following is a classification of the estates and rights in land subject to taking for public use:

(a) subject to subsection (2), estates or rights that are necessary, up to and including a fee simple interest, when taken for:

(i) public buildings or grounds;

(ii) permanent buildings;

(iii) an outlet for a flow or a place for the deposit of debris or tailings of a mine;

(iv) the mining and extracting of ores, metals, or minerals when the ores, metals, or minerals are owned by the condemnor but are located beneath or upon the surface of property for which the title to the surface vests in others; or

(v) the underground storage of natural gas by a natural gas public utility as defined in 82-10-301 . When the taking is for the underground storage of natural gas, all of the right, title, interest, and estate in the real property and in the subsand stratum, formation, or reservoir taken must be determinable and for all purposes terminates upon abandonment or upon cessation for the period of 1 year of the use for which the property was taken. Upon the abandonment or cessation, the ownership of the residue of natural gas remaining in the reservoir vests in the current owners of the surface property over the reservoir space.

(b) the estate or rights in the surface property that are necessary for a reservoir or dam and for the permanent flooding that results from the reservoir or dam, up to the edge of the maximum pool of the reservoir;

(c) an easement, leasehold, or other interest, for as long as the interest is necessary for the purpose described in the complaint, or fee simple interest when taken for any other use;

(d) the right of entry upon and occupation of land and the right to take from the land any earth, gravel, stones, trees, and timber that may be necessary for some public use.

(2) Subject to 60-4-102 , an easement is presumed to be sufficient for a project for a public use unless the parties agree that a greater interest should be taken or the condemnor shows by a preponderance of the evidence that a greater interest is necessary.
Mont. Code Ann. § 70-1-102 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-102
70-1-102 Ownership public or private -- state as private proprietor
Status: in_force

70-1-102 . Ownership public or private -- state as private proprietor. All property has an owner, whether that owner is the state and the property public or the owner an individual and the property private. The state may also hold property as a private proprietor.
Mont. Code Ann. § 70-20-110 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-110
70-20-110 Redelivery or cancellation of grant -- no retransfer
Status: in_force

70-20-110 . Redelivery or cancellation of grant -- no retransfer. Redelivering a grant of real property to the grantor or canceling it does not operate to retransfer the title.
Mont. Code Ann. § 70-23-503 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-503
70-23-503 Common elements -- use by unit owner
Status: in_force

70-23-503 . Common elements -- use by unit owner. Each unit owner may use the common elements in accordance with the purposes for which they are intended but may not hinder or encroach upon the lawful rights of the other unit owners.
Mont. Code Ann. § 70-17-403 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-403
70-17-403 Wind easement creation -- terms
Status: in_force

70-17-403 . Wind easement creation -- terms. (1) A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property.

(2) The wind easement runs with the real property on and over which the wind resource flows.

(3) A wind easement terminates under the terms and conditions outlined in the wind easement.
Mont. Code Ann. § 70-20-402 — MT Code / Title 70 / Chapter 20 / Part 4 / Section 70-20-402
70-20-402 Instrument not void as to purchaser with notice -- exception
Status: in_force

70-20-402 . Instrument not void as to purchaser with notice -- exception. An instrument is not to be avoided under 70-20-401 in favor of a subsequent purchaser or encumbrancer having notice at the time the purchase was made or the lien was acquired unless the person in whose favor the instrument was made was a privy to the fraud intended.
Mont. Code Ann. § 70-30-301 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-301
70-30-301 Hearing -- judge to preside -- determinations by condemnation commissioners
Status: in_force

70-30-301 . Hearing -- judge to preside -- determinations by condemnation commissioners. (1) The condemnation commissioners shall meet at the time and place stated in the order appointing them. The meeting time may not be more than 10 days after the order of appointment. The commissioners shall examine the lands sought to be taken. At a time appointed by the judge and within the 10-day period, the commissioners shall hear the allegations and evidence of all persons interested in each parcel of land.

(2) The hearing must be attended by and presided over by the presiding judge, who shall make all necessary rulings upon procedure and the admissibility of evidence.

(3) (a) At the conclusion of the hearing, the judge shall instruct the commissioners as to the law applicable to their deliberations and shall instruct them that their duty is to determine, based solely upon their examination of lands, the evidence produced at the hearing or hearings, and the instructions of the court, the appropriate findings provided for in subsections (3)(b) through (3)(d).

(b) The commissioners shall determine the current fair market value of the real property sought to be taken and all improvements pertaining to the real property and of each separate estate and interest in the real property and improvements. If the real property consists of different parcels, the current fair market value of each parcel and each estate or interest in the real property must be separately assessed.

(c) (i) If the property sought to be taken constitutes only a part of a larger parcel, the commissioners shall determine the depreciation in current fair market value that will accrue to the remaining parcel by reason of the condemnation and the construction of the improvements in the manner proposed by the condemnor.

(ii) The commissioners shall also determine how much the remaining parcel and each estate or interest in the remaining parcel will be benefited, if at all, by the construction of the improvements proposed by the condemnor. If the benefit is equal to the amount assessed under subsection (3)(c)(i), the compensation to the condemnee is limited to the value of the portion taken. However, if the benefit is less than the amount assessed under subsection (3)(c)(i), the benefit to the condemnee must be deducted from the amount assessed under subsection (3)(c)(i) and the remainder is the only amount allowed in addition to the current fair market value.

(d) If the property sought to be taken is for a railroad, the commissioners shall also determine the cost of good and sufficient fences along the line of the railroad and the cost of cattle guards where fences may cross the line of the railroad.

(e) Through examination of the property, the commissioners shall determine the appropriate payment for damages to the property taken, as well as to any remaining parcel of property that may be adversely impacted by the project, to assist the court in making a final determination pursuant to 70-30-309 .

(4) When there are two or more estates or divided interests in property sought to be taken, the condemnor is entitled to have the amount of the award for the property first determined as between the condemnor and all condemnees claiming any interest in the property. In the same proceeding, the respective rights of each of the condemnees in and to the total award must be determined by the commissioners, under supervision and instruction of the court, and the award must be apportioned accordingly.
Mont. Code Ann. § 70-9-406 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-406
70-9-406 Sale of property upon which advances are due
Status: in_force

70-9-406 . Sale of property upon which advances are due. When a commission merchant or warehouse operator receives on consignment produce, merchandise, or other property and makes advances on the produce, merchandise, or property, either to the owner or for freight and charges, the person may, if the freight and charges are not paid within 90 days from the date of the advances, cause the produce, merchandise, or property on which the advances were made to be advertised and sold as provided in this part.
Mont. Code Ann. § 70-33-303 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-303
70-33-303 Landlord to maintain premises -- agreement that tenant perform duties
Status: in_force

70-33-303 . Landlord to maintain premises -- agreement that tenant perform duties. (1) A landlord shall:

(a) comply with the requirements of applicable building, housing, and health department codes materially affecting health and safety at the time of original construction;

(b) make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-33-321 ;

(c) keep all common areas of the premises in a clean and safe condition;

(d) for the premises, maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(e) unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the lot and arrange for their removal; and

(f) supply running water at all times unless the lot is not required by law to be equipped for that purpose or the running water is generated by an installation within the exclusive control of the tenant.

(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(f), a landlord's duty must be determined by reference to subsection (1)(a).

(3) A landlord and tenant may agree in writing that the tenant is to perform the landlord's duties specified in subsections (1)(e) and (1)(f) but only if the agreement is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

(b) the work is not necessary to cure noncompliance with subsection (1)(a); and

(c) the agreement does not diminish the obligation of the landlord to other tenants.
Mont. Code Ann. § 70-8-201 — MT Code / Title 70 / Chapter 8 / Part 2 / Section 70-8-201
70-8-201 Contract for letting of ship
Status: in_force

70-8-201 . Contract for letting of ship. The contract by which a ship is let is termed a charter party. As part of the contract, the owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew, and equipments, or may surrender the entire ship to the charterer, who then provides them. The master or part owner may be a charterer.
Mont. Code Ann. § 70-24-442 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-442
70-24-442 Attorney fees -- costs
Status: in_force

70-24-442 . Attorney fees -- costs. (1) In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.

(2) As used in this section, "prevailing party" means the party in whose favor final judgment is rendered.
Mont. Code Ann. § 70-20-503 — MT Code / Title 70 / Chapter 20 / Part 5 / Section 70-20-503
70-20-503 Exempt transactions
Status: in_force

70-20-503 . Exempt transactions. The written disclosure statement set forth in 70-20-502 (1) is not required for the following transfers of residential real property:

(1) transfers pursuant to a court order, including but not limited to a transfer ordered by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, or a transfer that results from an order for specific performance of a contract or other agreement between persons;

(2) transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to this decree;

(3) transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the residential real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobile home by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobile home;

(4) transfers from one co-owner to one or more other co-owners;

(5) transfers to a person who is a spouse, child by blood or adoption, or parent of the seller or any other owner of the residential real property; and

(6) transfers when in the contract the buyer has waived the right to receive a disclosure statement at the time of submitting the offer to purchase to the seller.
Mont. Code Ann. § 70-29-308 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-308
70-29-308 Agreement of parties as to security
Status: in_force

70-29-308 . Agreement of parties as to security. When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are respectively entitled or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the clerk of the court.
Mont. Code Ann. § 70-20-101 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-101
70-20-101 Transfer to be in writing -- statute of frauds
Status: in_force

70-20-101 . Transfer to be in writing -- statute of frauds. An estate or interest in real property, other than an estate at will or for a term not exceeding 1 year, may not be created, granted, assigned, surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring it or by the party's lawful agent authorized by writing.
Mont. Code Ann. § 70-24-407 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-407
70-24-407 Damages for minor violations by landlord
Status: in_force

70-24-407 . Damages for minor violations by landlord. If the landlord fails to comply with the rental agreement or 70-24-303 and the reasonable cost of compliance is less than the 1 month's rent, the tenant may recover damages for the breach under 70-24-406 (2).
Mont. Code Ann. § 70-6-108 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-108
70-6-108 Deposit for exchange -- title passes
Status: in_force

70-6-108 . Deposit for exchange -- title passes. A deposit for exchange transfers to the depositary the title to the thing deposited and creates between the depositary and the depositor the relation of debtor and creditor.
Mont. Code Ann. § 70-33-108 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-108
70-33-108 Notice of no contact
Status: in_force

70-33-108 . Notice of no contact. (1) Except as provided in 45-5-209 , a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord may only be authorized pursuant to an order of no contact issued by a court of competent jurisdiction if the person receiving the notice of no contact is acting in accordance with the provisions of Title 70, chapter 24, 25, or 33.

(2) Except as provided by 45-5-209 or this section, or if issued pursuant to an order of protection issued by a court of competent jurisdiction, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord is invalid.
Mont. Code Ann. § 70-1-104 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-104
70-1-104 In what things property interests may exist
Status: in_force

70-1-104 . In what things property interests may exist. There may be ownership of:

(1) all inanimate things which are capable of appropriation or of manual delivery;

(2) all domestic animals;

(3) all obligations;

(4) such products of labor or skill as the composition of an author, the goodwill of a business, trademarks, and signs; and

(5) rights created or granted by statute.
Mont. Code Ann. § 70-28-214 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-214
70-28-214 Default judgment prohibited -- proof and inquiry required
Status: in_force

70-28-214 . Default judgment prohibited -- proof and inquiry required. No judgment in any such action shall be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings, and the court must further make diligent inquiry of the plaintiff and all defendants appearing concerning the next of kin of said deceased entryman, and upon such examination should any heir be discovered who has not been served or who has not appeared, the court may order such heir brought in if necessary for the determination herein provided for.
Mont. Code Ann. § 70-9-501 — MT Code / Title 70 / Chapter 9 / Part 5 / Section 70-9-501
70-9-501 Sale of unclaimed baggage -- notice
Status: in_force

70-9-501 . Sale of unclaimed baggage -- notice. (1) Whenever any trunk, carpetbag, valise, box, bundle, or other baggage comes into the possession of the keeper of any hotel, inn, boardinghouse, or lodginghouse, as such, and remains unclaimed for the period of 6 months, such keeper may proceed to sell the same at public auction and out of the proceeds of such sale may retain the charges for storage, if any, and the expense of advertising and sale thereof.

(2) But no such sale shall be made until the expiration of 4 weeks from the first publication of notice of such sale in a newspaper published in or nearest the city, town, or place in which said hotel, inn, boardinghouse, or lodginghouse is situated.

(3) Said notice shall be published once a week for 4 successive weeks in some newspaper, daily or weekly, of general circulation and shall contain:

(a) a description of each trunk, carpetbag, valise, box, bundle, or other baggage, as near as may be;

(b) the name of the owner, if known;

(c) the name of said keeper and the time and place of sale.

(4) The expenses incurred for advertising shall be a lien upon such trunk, carpetbag, valise, box, bundle, or other baggage, in a ratable proportion, according to the value of such piece of property or thing or article sold.
Mont. Code Ann. § 70-9-402 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-402
70-9-402 Storage of unclaimed property
Status: in_force

70-9-402 . Storage of unclaimed property. When goods, merchandise, or other property has been received by a railroad or express company or other common carrier, commission merchants, or warehouse operator for transportation or safekeeping and is not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, or warehouse operator may hold or store the goods, merchandise, or property with some responsible person until the freight and all just and reasonable charges are paid.
Mont. Code Ann. § 70-30-105 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-105
70-30-105 Taking of underground natural gas storage reservoir -- effect on owner's right to drill
Status: in_force

70-30-105 . (Temporary) Taking of underground natural gas storage reservoir -- effect on owner's right to drill. (1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral rights in the land to drill or bore through the sand, stratum, or formation taken for use as an underground natural gas storage reservoir in order to explore for, produce, process, treat, or market any oil, gas, or other minerals that might be contained in the land above or below the sand, stratum, or formation taken.

(2) Any additional cost or expense required to be incurred in order to protect the underground natural gas storage reservoir against pollution and the escape of the gas from the reservoir by reason of boring or drilling through the sand, stratum, or formation used as an underground natural gas storage reservoir must be paid by the persons, firm, or corporation owning the underground natural gas storage reservoir at the time of the boring or drilling.
Mont. Code Ann. § 70-19-103 — MT Code / Title 70 / Chapter 19 / Part 1 / Section 70-19-103
70-19-103 Action for recovery of possession not prejudiced by alienation
Status: in_force

70-19-103 . Action for recovery of possession not prejudiced by alienation. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
Mont. Code Ann. § 70-7-114 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-114
70-7-114 Place of return
Status: in_force

70-7-114 . Place of return. The borrower of a thing for use must return it to the lender at the place contemplated by the parties at the time of lending or, if no particular place was so contemplated by them, then at the place where it was at that time.
Mont. Code Ann. § 70-1-306 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-306
70-1-306 Ownership by several persons -- types
Status: in_force

70-1-306 . Ownership by several persons -- types. The ownership of property by several persons is either of:

(1) joint interests;

(2) partnership interests;

(3) interests in common.
Mont. Code Ann. § 70-26-201 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-201
70-26-201 Term of lease when none specified
Status: in_force

70-26-201 . Term of lease when none specified. A hiring of real property, other than lodgings and dwelling houses, in places where there is no usage on the subject, is presumed to be for 1 year from its commencement unless otherwise expressed in the hiring.
Mont. Code Ann. § 70-29-101 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-101
70-29-101 Action for partition authorized -- who may bring
Status: in_force

70-29-101 . Action for partition authorized -- who may bring. When several cotenants hold and are in possession of real property as joint tenants or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property or a part thereof if it appears that a partition cannot be made without a great prejudice to the owners.
Mont. Code Ann. § 70-30-202 — MT Code / Title 70 / Chapter 30 / Part 2 / Section 70-30-202
70-30-202 Jurisdiction and venue -- complaint and summons required
Status: in_force

70-30-202 . Jurisdiction and venue -- complaint and summons required. All proceedings under this chapter must be brought in the district court of the county in which the property or some part of the property is situated. A proceeding must be commenced by filing a complaint and issuing a summons. A summons served under this chapter must contain a notice to the condemnee to file and serve an answer. Within 6 months from the date that the summons is served, unless the court shortens or lengthens that time for good cause, the court, sitting without a jury, shall commence a trial on the issue of whether a preliminary condemnation order should be issued.
Mont. Code Ann. § 70-27-116 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-116
70-27-116 Verification of complaint and answer
Status: in_force

70-27-116 . Verification of complaint and answer. The complaint and answer must be verified. If new matter be set up in the answer, it is deemed denied.
Mont. Code Ann. § 70-1-310 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-310
70-1-310 Action by or against joint tenants or tenants in common
Status: in_force

70-1-310 . Action by or against joint tenants or tenants in common. All persons holding as tenants in common, joint tenants, or any number less than all may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of that party. In all cases, one tenant in common or one joint tenant may sue a cotenant.
Mont. Code Ann. § 70-29-111 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-111
70-29-111 Unknown and out-of-state parties -- how served
Status: in_force

70-29-111 . Unknown and out-of-state parties -- how served. (1) If a party having a share or interest is unknown or any one of the known parties resides out of the state or cannot be found therein and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases.

(2) When publication is made, the summons, as published, must be accompanied by a general statement of the nature of the action and a brief description of the property which is the subject of the action.
Mont. Code Ann. § 70-28-216 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-216
70-28-216 Subsequent action -- notice to original parties required
Status: in_force

70-28-216 . Subsequent action -- notice to original parties required. Whenever judgment in an action hereby authorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this part shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in 70-28-209 , either within or without this state, more than 1 month before the time to plead expired.
Mont. Code Ann. § 70-29-306 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-306
70-29-306 Security for sales on credit
Status: in_force

70-29-306 . Security for sales on credit. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of parts of the property that are directed by the court to be sold on credit for the:

(1) shares of any known owner of full age, in the name of the owner;

(2) shares of a minor, in the name of the guardian of the minor; and

(3) other shares, in the name of the clerk of the court of the county and the clerk's successors in office.
Mont. Code Ann. § 70-15-213 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-213
70-15-213 Remainder upon a contingency
Status: in_force

70-15-213 . Remainder upon a contingency. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate, and every such remainder is to be deemed a conditional limitation.
Mont. Code Ann. § 70-29-325 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-325
70-29-325 Future interests -- ascertainment -- share of proceeds
Status: in_force

70-29-325 . Future interests -- ascertainment -- share of proceeds. In all cases of sales when it appears that any person has a vested or contingent or future right or estate in any of the property sold, the court must ascertain and settle the proportional value of such contingent or vested right or estate and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner as to protect the rights and interests of the parties.
Mont. Code Ann. § 70-21-102 — MT Code / Title 70 / Chapter 21 / Part 1 / Section 70-21-102
70-21-102 Unrecorded instruments valid between parties
Status: in_force

70-21-102 . Unrecorded instruments valid between parties. An unrecorded instrument is valid as between the parties and those who have notice thereof.
Mont. Code Ann. § 70-33-110 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-110
70-33-110 Emotional support animals -- documentation
Status: in_force

70-33-110 . Emotional support animals -- documentation. (1) A tenant with a disability or a disability-related need for an emotional support animal may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing.

(2) Unless otherwise prohibited by federal law, rule, or regulation, a landlord may:

(a) deny a reasonable accommodation request for an emotional support animal if the animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property that cannot be reduced or eliminated by another reasonable accommodation;

(b) if a tenant's disability-related need for an emotional support animal is not readily apparent, request supporting information that reasonably supports the tenant's need for the particular emotional support animal being requested. Supporting information must include:

(i) information from a health care practitioner who has personal knowledge of the tenant's disability and is acting within the scope of the practitioner's practice that identifies the particular assistance or therapeutic emotional support provided by the specific animal. Information submitted under this subsection (2)(b)(i) must include the effective date, license number, and type of professional license held by the health care practitioner; or

(ii) information from any other source that the landlord determines to be reliable in accordance with the federal Fair Housing Act and Title 49, chapter 2; and

(c) require proof of compliance with state and local licensure and vaccination requirements for each emotional support animal.

(3) If a tenant requests to keep more than one emotional support animal, information for each emotional support animal must be provided pursuant to subsection (2).

(4) A landlord:

(a) may not request information under this section that discloses a diagnosis or severity of a tenant's disability or any medical records relating to the disability, but a tenant may voluntarily disclose such information or medical records to the landlord at the tenant's discretion; and

(b) shall issue a written determination after receiving supplemental information required in subsection (2) and notice the determination pursuant to 70-33-106 .

(5) An emotional support animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not, by itself, sufficient information to reliably establish that a tenant has a disability-related need for an emotional support animal.

(6) A tenant with a disability-related need for an emotional support animal is liable for any damage done to the premises or to another person on the premises by the tenant's emotional support animal.

(7) A health care practitioner may be subject to disciplinary action from the health care practitioner's licensing board for a violation of this section.

(8) This section does not apply to a service animal as defined in 49-4-203 .

(9) Nothing in this section may be construed to restrict existing federal law and state law related to a person's right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act, the federal Americans with Disabilities Act, or Title 49, chapter 2.

(10) The required submission of documentation by a renter to a landlord verifying the need for an emotional support animal may not be construed to mandate or compel the landlord or a business to permit the entry or presence of the emotional support animal if the landlord or business complies with applicable federal, state, and local laws.

(11) As used in this section, the following definitions apply:

(a) "Emotional support animal" means an animal that a health care practitioner has determined provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified. The term does not include service animals as defined in 49-4-203 .

(b) "Health care practitioner" means a mental health professional as defined in 53-21-102 who is licensed to practice in this state and who:

(i) has established a client-provider relationship with a tenant at least 30 days prior to providing supporting information requested from a landlord regarding the tenant's need for an emotional support animal;

(ii) completes a clinical evaluation of a tenant regarding the need for an emotional support animal; and

(iii) is acting within the scope of practice of the person's license or certificate.
Mont. Code Ann. § 70-31-301 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-301
70-31-301 Appraisal, negotiation, and other condemnation policies mandated
Status: in_force

70-31-301 . Appraisal, negotiation, and other condemnation policies mandated. An agency that acquires real property for a program or project (for which federal financial assistance will be available to pay all or any part of the cost of the program or project) shall comply with the following policies:

(1) The agency shall make every reasonable effort to expeditiously acquire real property by negotiation.

(2) Real property must be appraised before the initiation of negotiations, and the owner or the owner's designated representative must be given an opportunity to accompany the appraiser during the appraiser's inspection of the property. The head of the agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.

(3) Before the initiation of negotiations for real property, an amount must be established that is reasonably believed to be just compensation for the property or interest taken, and that amount must be offered for the property. The amount may not be less than the approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which the property is acquired or by the likelihood that the property would be acquired for the improvement, other than an amount due to physical deterioration within the reasonable control of the owner, must be disregarded in determining the compensation for the property. The owner of the real property to be acquired must be provided with a written statement of and summary of the basis for the amount established as just compensation. When appropriate, the just compensation for the real property acquired and for damages to remaining real property must be separately stated.

(4) An owner may not be required to surrender possession of real property before the agreed purchase price is paid or before there is deposited with the court, in accordance with applicable law, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property or the amount of the award of compensation in the condemnation proceeding of the property.

(5) The construction or development of a program or project (for which federal financial assistance will be available to pay all or any part of the cost of the program or project) must be scheduled so that, to the greatest extent practicable, a person lawfully occupying real property is not required to move from a dwelling (assuming a replacement dwelling will be available) or to move the person's business or farm operation without at least 90 days' written notice of the date by which a move is required.

(6) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the acquiring agency on short notice, the amount of rent required may not exceed the fair rental value of the property to a short-term occupier.

(7) The time of condemnation may not be advanced, negotiations or condemnation and the deposit of funds in court for the use of the owner may not be deferred, and any other action coercive in nature may not be taken to compel an agreement on the price to be paid for the property.

(8) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings must be instituted as provided in Title 70, chapter 30. The acquiring agency may not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner's real property.

(9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire the uneconomic remnant must be made.

(10) A person whose real property is being acquired may, after being fully informed of the person's right to receive just compensation, donate to an agency the property, any interest in the property, or any compensation received for the property.
Mont. Code Ann. § 70-17-202 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-202
70-17-202 Covenants specified in this part as exclusive
Status: in_force

70-17-202 . Covenants specified in this part as exclusive. The only covenants which run with the land are those specified in this part and those which are incidental thereto.
Mont. Code Ann. § 70-29-302 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-302
70-29-302 Terms of sale to be made known
Status: in_force

70-29-302 . Terms of sale to be made known. In all cases of sales of property, the terms must be made known at the time; and if the premises consist of distinct farms and lots, they must be sold separately.
Mont. Code Ann. § 70-23-505 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-505
70-23-505 Abandonment or waiver of use not to effect exemption
Status: in_force

70-23-505 . Abandonment or waiver of use not to effect exemption. A unit owner may not be exempted from liability for the owner's contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of the owner's unit.
Mont. Code Ann. § 70-29-201 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-201
70-29-201 Trial of title or interest of parties
Status: in_force

70-29-201 . Trial of title or interest of parties. The right of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the partition action. The title or interest of the plaintiff in the property, as stated in the complaint, may be controverted by the answer. The title or interest of any defendant in the property, as stated in the complaint, may also be controverted by the defendant's answer or the answer of any other defendant, and the title or interest of any defendant, as stated in that defendant's answer, may be controverted by the answer of any other defendant and the issues joined as prescribed in Title 25, which may be tried before a jury if the court directs.
Mont. Code Ann. § 70-20-313 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-313
70-20-313 Grant by owner for life or years
Status: in_force

70-20-313 . Grant by owner for life or years. A grant made by an owner of an estate for life or years, purporting to transfer a greater estate than the owner could lawfully transfer, does not work a forfeiture of the owner's estate but passes to the grantee all the estate that the grantor could lawfully transfer.
Mont. Code Ann. § 70-19-426 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-426
70-19-426 Residential construction disputes -- definitions
Status: in_force

70-19-426 . Residential construction disputes -- definitions. As used in 70-19-427 , 70-19-428 , and this section, the following definitions apply:

(1) (a) "Action" means any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction or remodeling of a residence.

(b) The term does not include a civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2) "Association" means a unit owners' organization or a nonprofit corporation created to own and operate portions of a planned community that has the power to require unit owners to pay the costs and expenses incurred in the performance of the association's obligations.

(3) "Claimant" means a home owner or association that asserts a claim against a construction professional concerning a defect in the construction or remodeling of a residence.

(4) "Construction defect" means a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:

(a) defective materials, products, or components used in the construction or remodeling of a residence;

(b) violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence;

(c) failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards.

(5) "Construction professional" means a builder, builder vendor, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.

(6) (a) "Home owner" means:

(i) any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence; or

(ii) an association as defined in this section.

(b) The term home owner includes but is not limited to a subsequent purchaser of a residence from any home owner.

(7) "Residence" means a single-family house or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system.

(8) "Serve" or "service" means personal service or delivery by certified mail to the last-known address of the addressee.
Mont. Code Ann. § 70-28-112 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-112
70-28-112 Costs -- attorney fees
Status: in_force

70-28-112 . Costs -- attorney fees. (1) If the defendant in a quiet title action disclaims in the answer any interest or estate in the property or allows judgment to be taken against the defendant without answer, the plaintiff may not recover costs. However, in actions that the plaintiff has brought under 30 U.S.C. 30 to determine an adverse claim, the plaintiff shall recover costs if the defendant does not relinquish in the proper United States land office or disclaim in writing any interest or estate in the property within 20 days from the filing of the adverse claim in the land office.

(2) The plaintiff in a quiet title action may recover costs and attorney fees if the defendant wrongfully filed a statement with the county clerk and recorder for transfer of property that had been owned in a joint tenancy severed under 72-2-814 (2)(b). To be eligible to recover costs and fees, the plaintiff must have notified the defendant by certified mail that the defendant may be ordered to pay the plaintiff's costs and fees associated with a quiet title action unless the defendant executes documents to transfer the property to the plaintiff within 30 days or by a date mutually agreed to by the parties. The provisions of this subsection do not apply to joint tenancies revived under 72-2-814 (5) unless subsequently severed. The provisions of this subsection do not preempt other remedies.
Mont. Code Ann. § 70-33-109 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-109
70-33-109 Application of security deposit laws
Status: in_force

70-33-109 . Application of security deposit laws. The provisions of this chapter are cohesive with the provisions of Title 70, chapter 25, and the two chapters must be read in conjunction when considering, with regards to the Montana Residential Mobile Home Lot Rental Act, the rights and duties of landlords and tenants, and the availability of remedies and judicial relief to landlords and tenants.
Mont. Code Ann. § 70-7-201 — MT Code / Title 70 / Chapter 7 / Part 2 / Section 70-7-201
70-7-201 Certain sections of previous part applicable
Status: in_force

70-7-201 . Certain sections of previous part applicable. Sections 70-7-111 , 70-7-112 , and 70-7-113 apply to a loan for exchange.
Mont. Code Ann. § 70-28-207 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-207
70-28-207 Summons -- issuance and form
Status: in_force

70-28-207 . Summons -- issuance and form. Upon the filing of the complaint and affidavit, a summons must be issued under the seal of the court, which must contain the name of the court and county in which the action is brought, the name of the plaintiff, and the particular description of the real property involved and must be directed to "all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property" as defendants and must be substantially in the following form:

"In the district court of the.... judicial district of the state of Montana, in and for the county of..... plaintiff, vs. all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property, defendants.

The state of Montana to all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property, defendants, Greeting:

You are required to appear and answer the complaint of...., plaintiff, filed with the clerk of this court, within 60 days after the first publication of this summons, and set forth what interest or lien, if any, you have in or upon that certain real property or any part of the real property situated in the county of...., state of Montana, particularly described as follows: (Here insert description.)

You are further notified that, unless you appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. (Here insert a statement of the relief demanded.)

Witness my hand and the seal of court this ....... day of ...., 20...

..............., Clerk"
Mont. Code Ann. § 70-33-103 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-103
70-33-103 Definitions
Status: in_force

70-33-103 . Definitions. Unless the context clearly requires otherwise, in this chapter, the following definitions apply:

(1) "Abandon" means to give up possession of the premises unless the landlord does not accept abandonment or surrender as provided in 70-33-426 or unless the rental agreement has been terminated as provided by law.

(2) "Action" includes recoupment, counterclaim, setoff suit in equity, and any other proceeding in which rights are determined, including an action for possession.

(3) "Actual and reasonable cost" means the actual amount of expenses and labor incurred or expended and the reasonable amount of expenses and labor estimated to be incurred or expended.

(4) "Case of emergency" means an extraordinary occurrence beyond the tenant's control requiring immediate action to protect the premises or the tenant. A case of emergency may include the interruption of essential services, including electricity, gas, running water, and sewer and septic system service, or life-threatening events in which the tenant or landlord has reasonable apprehension of immediate danger to the tenant or others.

(5) "Court" means the appropriate district court, small claims court, justice's court, or city court.

(6) "Good faith" means honesty in fact in the conduct of the transaction concerned.

(7) "Landlord" means:

(a) the owner of:

(i) space or land, including a lot, that is rented to a tenant for a mobile home; or

(ii) a mobile home park;

(b) a person who has written authorization from the owner to act as the owner's agent or assignee for purposes related to the premises or the rental agreement;

(c) a manager of the premises who fails to disclose the managerial position; or

(d) a lessor who has written authorization from the owner of the premises to sublease the premises.

(8) "Lot" means the space or land rented and not a mobile home itself.

(9) "Mobile home" has the same meaning as provided in 15-1-101 and includes manufactured homes as defined in 15-1-101 .

(10) "Mobile home owner" means the owner of a mobile home entitled under a rental agreement to occupy a lot.

(11) "Mobile home park" means a trailer court as defined in 50-52-101 .

(12) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.

(13) "Person" includes an individual or organization.

(14) "Premises" means a lot and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.

(15) "Rent" means all payments to be made to a landlord, including rent, late fees, or other charges as agreed on in the rental agreement, except money paid as a security deposit.

(16) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-33-311 embodying the terms and conditions concerning the use and occupancy of the premises.

(17) "Rent payment type" means all forms of payment types, including:

(a) cash;

(b) check;

(c) electronic; or

(d) other forms agreed on in the rental agreement that must comply with 70-24-203 .

(18) "Tenant" means:

(a) a person entitled under a rental agreement to occupy a lot to the exclusion of others; or

(b) a person who, with the written approval of the landlord and pursuant to the rental agreement, has a sublease agreement with the person who is entitled to occupy the dwelling unit under the rental agreement.

(19) "Unauthorized person or trespasser" means a person who:

(a) enters or remains after being asked to leave by the landlord and does not receive written permission by the landlord to remain on the premises;

(b) is in violation of 45-6-201 ;

(c) is in violation of 45-6-203 ; or

(d) is in violation of 70-27-102 .
Mont. Code Ann. § 70-16-107 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-107
70-16-107 Trespass for taking timber
Status: in_force

70-16-107 . Trespass for taking timber. A person who cuts down or carries off any wood, underwood, tree, or timber or girdles or otherwise injures any tree or timber on the land of another person, on the street or highway in front of any person's house or town or city lot, on cultivated grounds or on the commons or public grounds of any city or town, or on the street or highway of any city or town, without lawful authority, is liable to the owner of the land or to the city or town for:

(1) the amount of the damages incurred if the trespass was casual and inadvertent or committed under the belief that the land belonged to the trespasser or if the wood was taken by the authority of state or local government officers or employees for the purposes of a highway; or

(2) treble the amount of damages incurred if the trespass was willful, wanton, or malicious.
Mont. Code Ann. § 70-33-104 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-104
70-33-104 Applicability
Status: in_force

70-33-104 . Applicability. (1) This chapter applies to landlord-tenant relationships in which the landlord is renting a lot to the tenant for placement of the tenant's mobile home. This chapter applies to land rental in a mobile home park as well as to the rental of individual parcels of land not in a mobile home park that are for the placement of a tenant's mobile home.

(2) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

(a) occupancy under a contract of sale of a lot if the occupant is the purchaser or a person who succeeds to the purchaser's interest;

(b) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;

(c) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;

(d) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges along with the use of the lot; and

(e) any rental premises that are governed by the Montana Residential Landlord and Tenant Act of 1977, Title 70, chapter 24.

(3) The combined rental of the lot and mobile home, when the landlord owns both, are covered by the Montana Residential Landlord and Tenant Act of 1977.
Mont. Code Ann. § 70-22-203 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-203
70-22-203 Use of x- and y-coordinates
Status: in_force

70-22-203 . Use of x- and y-coordinates. (1) For the Montana coordinate system NAD 27, the plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the appropriate zone of this system must consist of two distances expressed in terms of a United States survey foot and decimals of a foot.

(2) For the Montana coordinate system NAD 83 and all later Montana plane coordinate systems, the plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the zone must consist of two distances expressed in either meters and decimals of a meter or in feet and decimals of a foot. The international conversion value (1 foot equals 0.3048 meters exactly) must be used. The unit of measure must be clearly stated when the coordinate values are expressed.

(3) One of the distances used to express a position or location, to be known as the "east coordinate" or "x-coordinate", must give the position in an east-and-west direction from the y-axis; the other, to be known as the "north coordinate" or "y-coordinate", must give the position in a north-and-south direction from the x-axis. The y-axis of any zone must be parallel with the central meridian of that zone. The x-axis of any zone must be at a right angle to the central meridian of that zone. These coordinates must be made to depend on and conform to plane rectangular coordinate values derived from the NSRS as defined and promulgated by the national oceanic and atmospheric administration/national geodetic survey or its successors and whose plane coordinates have been computed on the systems designated by this part. Any station with coordinates referenced to the NSRS may be used for establishing a survey connection to the Montana coordinate systems.
Mont. Code Ann. § 70-28-111 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-111
70-28-111 Termination of plaintiff's right during action -- damages for withholding
Status: in_force

70-28-111 . Termination of plaintiff's right during action -- damages for withholding. In an action for the recovery of real property when the plaintiff shows a right to recover at the time the action was commenced but it appears that the plaintiff's right has terminated during the pendency of the action, the verdict and judgment must be according to the fact and the plaintiff may recover damages for withholding the property.
Mont. Code Ann. § 70-17-901 — MT Code / Title 70 / Chapter 17 / Part 9 / Section 70-17-901
70-17-901 Homeowners' association restrictions -- real property rights
Status: in_force

70-17-901 . Homeowners' association restrictions -- real property rights. (1) (a) A homeowners' association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a member's real property than those restrictions that existed when the member acquired the member's interest in the real property, unless the member who owns the affected real property expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction.

(b) When a member claims the benefit of this subsection (1), the member shall request that the homeowners' association record, or allow recording of, the exception applicable to the member. Upon request by the member, the homeowners' association, the member, or a designee shall record the member's exception with the office of the county clerk and recorder of the county where the real property is situated. The member shall provide the homeowners' association with the date the real property was conveyed to the member and shall pay the recording fees for the document setting forth the exception.

(2) A successor-in-interest to a member's real property may not claim the benefit of subsection (1) to the extent that the homeowners' association entered into, amended, or enforced a covenant, condition, or restriction before the successor-in-interest purchased the real property, even if the covenant, condition, or restriction was not enforceable against the previous owner pursuant to subsection (1), unless the successor-in-interest is owned by or shares ownership with the previous member or unless the successor-in-interest is a lender that acquired the real property through foreclosure.

(3) This section does not apply to a covenant, condition, or restriction:

(a) that is not subject to enforcement by a homeowners' association; or

(b) that is required in order to comply with applicable federal, state, and local laws, ordinances, and regulations.

(4) Nothing in this section may be construed to prevent the enforcement of a covenant, condition, or restriction limiting the types of use of a member's real property as long as the covenant, condition, or restriction applied to the real property at the time the member acquired the member's interest in the real property.

(5) Nothing in this section invalidates existing covenants of a homeowners' association or creates a private right of action for actions or omissions occurring before May 9, 2019. However, after May 9, 2019, unless the member has consented as provided by subsection (1), a homeowners' association may not enforce a covenant, condition, or restriction in such a way that limits the types of use of a member's real property that were allowed when the member acquired the affected real property.

(6) As used in this section, the following definitions apply:

(a) "Homeowners' association" means:

(i) an association of all the owners of real property within a geographic area defined by physical boundaries which:

(A) is formally governed by a declaration of covenants, bylaws, or both;

(B) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and

(C) may enact or enforce rules concerning the operation of the community or subdivision; or

(ii) an association of unit owners as defined by 70-23-102 subject to the Unit Ownership Act.

(b) "Member" means a person that belongs to a homeowners' association and whose real property is subject to the jurisdiction of the homeowners' association.

(c) "Person" means one or more individuals or a legal or commercial entity.

(d) "Real property" has the meaning provided in 70-1-106 , except that it is limited to real property governed by a homeowners' association.

(e) "Types of use" means the following lawful types of use of the real property:

(i) use for residential, agricultural, or commercial purposes, unless the use was impermissible according to the written or recorded restrictions;

(ii) the ability to rent the real property, including the land and structures on the real property, for any amount of time; and

(iii) the ability to otherwise develop the real property in accordance with applicable federal, state, and local laws, ordinances, and regulations, unless the ability was impermissible according to the written or recorded restrictions.
Mont. Code Ann. § 70-20-504 — MT Code / Title 70 / Chapter 20 / Part 5 / Section 70-20-504
70-20-504 Buyer's right to rescind
Status: in_force

70-20-504 . Buyer's right to rescind. (1) Unless otherwise agreed to by the buyer and the seller in writing, if a disclosure statement is provided by a seller to a buyer after the execution of a contract, the buyer shall have 3 days from the day the seller or the real estate agent or other authorized representative of the seller delivers the disclosure statement to rescind the contract by delivering a separately signed written statement of rescission to the seller or the real estate agent or other authorized representative of the seller.

(2) The buyer may waive the right to rescind in any offer to purchase.
Mont. Code Ann. § 70-6-501 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-501
70-6-501 Innkeeper's liability as to property of guests -- dollar limitation
Status: in_force

70-6-501 . Innkeeper's liability as to property of guests -- dollar limitation. (1) An innkeeper is liable for all losses of or injuries to personal property placed by the guests under the innkeeper's care unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of someone whom the innkeeper brought into the inn.

(2) The liability provided for in subsection (1) may not exceed $500 for all personal property of each registered guest unless the innkeeper consents in writing with the guest to assume a greater liability. An innkeeper whose liability is limited shall notify the guest at the time of registration, in writing, that this limitation applies.
Mont. Code Ann. § 70-29-403 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-403
70-29-403 Applicability -- relation to other laws
Status: in_force

70-29-403 . Applicability -- relation to other laws. (1) This part applies to partition actions filed on or after October 1, 2013.

(2) In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.

(3) This part supplements Title 70, chapter 29, parts 1 through 3, and, if an action is governed by this part, replaces provisions of Title 70, chapter 29, parts 1 through 3, that are inconsistent with this part.
Mont. Code Ann. § 70-15-304 — MT Code / Title 70 / Chapter 15 / Part 3 / Section 70-15-304
70-15-304 Power -- how executed
Status: in_force

70-15-304 . Power -- how executed. A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner.
Mont. Code Ann. § 70-2-211 — MT Code / Title 70 / Chapter 2 / Part 2 / Section 70-2-211
70-2-211 Partition of personal property
Status: in_force

70-2-211 . Partition of personal property. (1) When any personal property is owned by two or more persons, any one or more thereof may bring an action, according to the respective rights of the persons interested therein, for the partition of such property or for a sale of the same or any part thereof if it appears that a partition cannot be made without great prejudice to the owners.

(2) Such action shall be brought in the county wherein said property or any part thereof is situated.
Mont. Code Ann. § 70-20-201 — MT Code / Title 70 / Chapter 20 / Part 2 / Section 70-20-201
70-20-201 Rules for construing description
Status: in_force

70-20-201 . Rules for construing description. The following are the rules for construing the descriptive part of a conveyance of real property when the construction is doubtful and there are no other sufficient circumstances to determine it:

(1) Where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by the first mentioned particulars.

(2) When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount.

(3) Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces and that of lines paramount to both.

(4) When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or thread of the stream is held under another title.

(5) When a navigable lake, where there is no tide, is the boundary, the rights of the grantor to low watermark are included in the conveyance.

(6) When the description refers to a map and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map; otherwise, the map is subordinate to other definite and ascertained particulars.
Mont. Code Ann. § 70-9-812 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-812
70-9-812 Public sale of abandoned property
Status: in_force

70-9-812 . Public sale of abandoned property. (1) Except as otherwise provided in this section, the administrator, within 3 years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state, which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, on the unclaimed property website maintained by the administrator.

(2) Securities listed on an established stock exchange must be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any reasonable method selected by the administrator. If securities are sold by the administrator before the expiration of 3 years after their delivery to the administrator, a person making a claim under this part before the end of the 3-year period is entitled to the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever is greater, plus dividends, interest, and other increments up to the time the claim is made, less any deduction for expenses of sale. A person making a claim under this part after the expiration of the 3-year period is entitled to receive the securities delivered to the administrator by the holder, if they still remain in the custody of the administrator, or the net proceeds received from sale and is not entitled to receive any appreciation in the value of the property occurring after delivery to the administrator except in a case of intentional misconduct or malfeasance by the administrator.

(3) A purchaser of property at a sale conducted by the administrator pursuant to this part takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
Mont. Code Ann. § 70-17-406 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-406
70-17-406 Wind energy agreement -- contents and requirements -- notarization
Status: in_force

70-17-406 . Wind energy agreement -- contents and requirements -- notarization. (1) A wind energy agreement executed after April 21, 2011, must contain but is not limited to:

(a) the names and addresses of the parties to the wind energy agreement;

(b) a legal description of the real property subject to the wind easement and contained in the wind energy agreement;

(c) the obligations of the owner of the real property to ensure the undisturbed flow of wind on and over the real property, including restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the wind flow on and over the real property. Structures do not include equipment necessary to access minerals as they relate to the rights belonging to or the dominance of the mineral estate pursuant to 70-17-408 .

(d) a specified term including the date on which the wind energy agreement or wind easement terminates;

(e) provisions to compensate the owner of the real property for the wind easement;

(f) provisions ensuring that the owner of the real property is not liable for any property tax associated with the wind energy project or other equipment related to the development of the wind energy project during the term of the wind energy agreement;

(g) provisions addressing property owner and wind energy developer liability during the construction and operation of the wind energy project and equipment;

(h) provisions obligating the wind energy developer to comply with federal, state, and local laws and regulations; and

(i) conditions upon which the wind energy agreement may be terminated prior to its termination date.

(2) A wind energy agreement must be notarized.

(3) If the terms of the wind energy agreement do not contain the requirements listed in subsection (1), a court may void the wind energy agreement or order any relief allowed by law.
Mont. Code Ann. § 70-29-215 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-215
70-29-215 Lien on undivided interest -- status after partition
Status: in_force

70-29-215 . Lien on undivided interest -- status after partition. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party, but such share must be first charged with its just proportion of the costs of the partition in preference to such lien.
Mont. Code Ann. § 70-26-106 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-106
70-26-106 Rights of lessee and assignees against lessor and assignees
Status: in_force

70-26-106 . Rights of lessee and assignees against lessor and assignees. Whatever remedies the lessee of any real property may have against the lessee's immediate lessor for the breach of any agreement in the lease, the lessee may have against the assigns of the lessor and the assigns of the lessee may have against the lessor and the lessor's assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
Mont. Code Ann. § 70-25-204 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-204
70-25-204 Wrongful withholding of security deposit -- action
Status: in_force

70-25-204 . Wrongful withholding of security deposit -- action. (1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.

(2) An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to:

(a) the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;

(b) the expiration of a 30-day period after the termination of a tenancy;

(c) the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or

(d) the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.
Mont. Code Ann. § 70-29-216 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-216
70-29-216 Abstract of title -- when cost of allowed -- filing and inspection
Status: in_force

70-29-216 . Abstract of title -- when cost of allowed -- filing and inspection. (1) If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned and the abstract has been procured by the plaintiff or if the plaintiff has failed to have the abstract made before the commencement of the action and any one of the defendants has had the abstract made, the cost of the abstract, with interest on the cost from the time the abstract is subject to the inspection of the respective parties to the action, must be allowed and taxed.

(2) Whenever the abstract is procured by the plaintiff, before the commencement of the action the plaintiff shall file with the complaint a notice that an abstract of the title has been made and is subject to the inspection and use of all the parties to the action, designating in the notice where the abstract will be kept for inspection. However, if the plaintiff has failed to procure the abstract before commencing the action and any defendant procures the abstract to be made, the defendant shall, as soon as the defendant has directed the abstract to be made, file a notice of the procurement in the action with the clerk of the court, stating who is making the abstract and where it will be kept when finished.

(3) The court or judge may direct, from time to time during the progress of the action, who must have the custody of the abstract.
Mont. Code Ann. § 70-29-321 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-321
70-29-321 Priorities for application of proceeds
Status: in_force

70-29-321 . Priorities for application of proceeds. The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:

(1) to pay its just proportion of the general costs of the action;

(2) to pay the costs of the reference;

(3) to satisfy and cancel of record the several liens in their order of priority by payment of the sums due and to become due, the amount due to be verified by affidavit at the time of payment;

(4) the residue among the owners of the property sold, according to their respective shares therein.
Mont. Code Ann. § 70-30-303 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-303
70-30-303 Final report and award of condemnation commissioners -- procedure on failure to agree
Status: in_force

70-30-303 . Final report and award of condemnation commissioners -- procedure on failure to agree. (1) The report of the condemnation commissioners must be made on forms that are provided for their use by the court. The report must be filed within 10 days after the completion of the hearing or within any additional time allowed by the judge upon a clear showing of necessity. The report must be filed with the clerk of court. The clerk shall notify the parties that the report has been filed. The notice, together with a copy of the report, must be served upon all the parties in the same manner as a summons.

(2) A concurrence of two commissioners is necessary to the making of a final report or award as to any parcel of property or interest in a parcel of property. If two of the commissioners are unable to agree as to the amount of any award, the commissioners shall report the fact to the judge or court within the time specified in subsection (1) and the court shall impanel and appoint new commissioners. The new commissioners shall proceed as provided in this part to determine any award upon which the previous commissioners failed to agree.

(3) The report of the commissioners must include a statement of the number of days or portions of days worked by the commissioners in performance of their duties.
Mont. Code Ann. § 70-1-423 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-423
70-1-423 Future interest not defeated by destruction of other interest
Status: in_force

70-1-423 . Future interest not defeated by destruction of other interest. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest or by destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by 70-1-424 or where a forfeiture is imposed by statute as a penalty for the violation thereof.
Mont. Code Ann. § 70-6-602 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-602
70-6-602 Definitions
Status: in_force

70-6-602 . Definitions. As used in this part, the following definitions apply:

(1) "Commercially reasonable sale" means a sale that:

(a) is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and

(b) is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method.

(2) "Default" means the failure to timely perform an obligation or duty set forth in a rental agreement or this part.

(3) "Electronic mail" means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. The term includes an electronic message that is transmitted within or between computer networks.

(4) "Emergency" means a sudden, unexpected occurrence or circumstance at or near a self-storage facility that requires immediate action to avoid injury to persons or property at or near the self-storage facility. The term includes but is not limited to flood, fire, or any suspected use of the leased space for residential or other unlawful purposes.

(5) "Last-known address" means the postal address or electronic mail address provided in a rental agreement or the postal address or electronic mail address provided by the renter through subsequent written notice of a change of address.

(6) "Leased space" means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement.

(7) "Operator" means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.

(8) "Personal property" means movable property not affixed to land. Personal property includes but is not limited to goods, wares, merchandise, motor vehicles, and other titled or otherwise registered vehicles or property.

(9) "Property that has no commercial value" means property offered for sale in a commercially reasonable sale that receives no bid or offer.

(10) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility.

(11) "Renter" means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns.

(12) "Self-storage facility" means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis.

(13) "Verified mail" means:

(a) a method of mailing that is offered by the United States postal service or private delivery service and provides evidence of mailing; or

(b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed.