Mont. Code Ann. § 70-30-206 — MT Code / Title 70 / Chapter 30 / Part 2 / Section 70-30-206
70-30-206 Powers of court -- preliminary condemnation order
Status: in_force

70-30-206 . Powers of court -- preliminary condemnation order. (1) In a condemnation proceeding, the court may:

(a) regulate and determine the place and manner of:

(i) making the connections and crossings and enjoying the common uses mentioned in 70-30-103 (1)(e); and

(ii) occupying canyons, passes, and defiles for railroad purposes, as permitted and regulated by the laws of this state or of the United States; or

(b) subject to 70-30-104 (2), limit the interest in real property sought to be taken if in the opinion of the court the interest sought is not necessary.

(2) If the court finds and concludes from the evidence presented that the public interest requires the taking of an interest in real property and that the condemnor has met the burden of proof under 70-30-111 (1), the court shall enter a preliminary condemnation order providing that the condemnation of the interest in real property may proceed in accordance with the provisions of this chapter.

(3) (a) If the property sought to be taken is a sand, stratum, or formation suitable for use as an underground natural gas storage reservoir and the existence and suitability of the property for that use has been proved by the condemnor based upon substantial evidence, the order of the court must direct the condemnation commissioners to determine the amount to be paid by the condemnor to each person for each person's interest in the property sought to be taken for use as an underground natural gas storage reservoir.

(b) In addition to or in lieu of the amount paid under subsection (3)(a), the court may direct the commissioners to determine the annual rental for:

(i) the use of the underground natural gas storage reservoir;

(ii) the use of so much of the surface as is required in the operation of the reservoir and for the use in connection with the creation, operation, and maintenance of the reservoir; and

(iii) all the native gas contained in the reservoir. However, the amount to be paid for the native gas may not be less than the market value of the gas.

(4) The court shall appoint three persons, qualified and recommended as experts by the board of oil and gas conservation, to assist and advise the commissioners in determining the compensation and damages to be paid by the condemnor to each person for each person's interest in the property sought to be taken. The fees and expenses of the experts are chargeable as costs of the proceedings to be paid by the condemnor.

(5) After a complaint as described in 70-30-203 is filed and prior to the issuance of the preliminary condemnation order, all parties shall proceed as expeditiously as possible, but without prejudicing any party's position, with all aspects of the preliminary condemnation proceeding, including discovery and trial. The court shall give the proceedings expeditious and priority consideration. The preliminary condemnation proceeding must be tried by the court sitting without a jury.
Mont. Code Ann. § 70-31-101 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-101
70-31-101 Purpose
Status: in_force

70-31-101 . Purpose. It is the purpose of this chapter to:

(1) provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms as a result of federally assisted programs;

(2) establish uniform and equitable land acquisition policies for federally assisted programs; and

(3) comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
Mont. Code Ann. § 70-24-411 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-411
70-24-411 Unlawful ouster, exclusion, or diminution of service -- tenant's remedies
Status: in_force

70-24-411 . Unlawful ouster, exclusion, or diminution of service -- tenant's remedies. If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent.
Mont. Code Ann. § 70-1-508 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-508
70-1-508 Delivery of grant necessary
Status: in_force

70-1-508 . Delivery of grant necessary. A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.
Mont. Code Ann. § 70-28-204 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-204
70-28-204 Executor, administrator, or guardian as party
Status: in_force

70-28-204 . Executor, administrator, or guardian as party. An executor, administrator, or guardian or other person claiming an interest by deed of conveyance or otherwise may maintain, as plaintiff, and may appear and defend in the action herein provided for.
Mont. Code Ann. § 70-28-215 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-215
70-28-215 Judgment -- nature and effect -- recording
Status: in_force

70-28-215 . Judgment -- nature and effect -- recording. (1) The judgment must ascertain and determine the heirship of the deceased entryman and all estates, rights, titles, interests, and claims in and to the property and every part of the property, whether the estates, rights, titles, interests, and claims are legal or equitable, present or future, vested or contingent, or whether the estates, rights, titles, interests, and claims consist of mortgages or liens of any description. The judgment must be binding and conclusive upon every person who, at the time of the commencement of the action, had or claimed to have any estate, right, title, or interest in or to the property or any part of the property and upon every person claiming under the person by title subsequent to the commencement of the action.

(2) A certified copy of the judgment in the action must be recorded in the office of the clerk and recorder of the county in which the action was commenced, and any party or the successor in interest of any party to the action may file for record in the office of the clerk and recorder of the county the entire judicial record in the action.
Mont. Code Ann. § 70-25-203 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-203
70-25-203 Failure to provide list -- forfeiture of deduction rights
Status: in_force

70-25-203 . Failure to provide list -- forfeiture of deduction rights. Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges.
Mont. Code Ann. § 70-26-102 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-102
70-26-102 Transferee of rental property to have same rights as transferor
Status: reserved

70-26-102 . Transferee of rental property to have same rights as transferor. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any rent is transferred is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or of any waste or cause of forfeiture as the person's grantor or devisor might have had.
Mont. Code Ann. § 70-6-512 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-512
70-6-512 Innkeeper's responsibilities -- limits
Status: in_force

70-6-512 . Innkeeper's responsibilities -- limits. (1) An innkeeper may not be required to provide accommodations, facilities, or privileges of a hotel, as defined in 50-51-102 , to a person who:

(a) is unwilling or unable to pay for the accommodations and services of the hotel. An innkeeper may require a prospective guest to demonstrate the ability to pay for the accommodations and services by paying a damage deposit in cash or with an accepted credit card.

(b) the innkeeper reasonably believes to be under the influence of alcohol, drugs, or another intoxicating substance or who acts in a disorderly fashion so as to disturb the peace of other guests;

(c) the innkeeper reasonably believes seeks to bring into the hotel :

(i) an unlawfully possessed firearm; or

(ii) something, including an explosive or a hazardous or toxic substance, that it is unlawful to possess and that may be dangerous to other persons;

(d) destroys, damages, defaces, or threatens harm to hotel property or guests;

(e) refuses to abide by reasonable standards or policies established by the innkeeper for operation and management of the hotel; or

(f) causes or permits persons to exceed the maximum allowable occupancy of a hotel room as established by the innkeeper.

(2) This section does not relieve an innkeeper from the responsibility to not engage in unlawful discriminatory practices as defined in 49-2-304 and other provisions of Title 49, chapter 2.
Mont. Code Ann. § 70-22-207 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-207
70-22-207 Use of term Montana coordinate system limited
Status: in_force

70-22-207 . Use of term Montana coordinate system limited. The use of the term "Montana coordinate system NAD 27 north, central, or south zone", "Montana coordinate system NAD 83", or "Montana plane coordinate system" on any map, report of survey, or other document must be limited to coordinates based on the Montana coordinate systems as defined in this part.
Mont. Code Ann. § 70-31-302 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-302
70-31-302 Reimbursement of closing costs and taxes incurred by owner
Status: in_force

70-31-302 . Reimbursement of closing costs and taxes incurred by owner. An agency acquiring 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, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner to the extent the acquiring agency considers fair and reasonable for:

(1) expenses the owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the acquiring agency;

(2) penalty costs for prepayment for any preexisting recorded mortgage or deed of trust entered into in good faith encumbering the real property; and

(3) the pro rata portion of real property taxes paid that are allocable to a period subsequent to the date of vesting title in the acquiring agency or the effective date of possession of the real property by the acquiring agency, whichever is earlier.
Mont. Code Ann. § 70-24-409 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-409
70-24-409 Fire or casualty damage -- rights of tenant
Status: in_force

70-24-409 . Fire or casualty damage -- rights of tenant. (1) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:

(a) immediately vacate the premises and notify the landlord in writing within 14 days of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or

(b) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

(2) This section does not apply when the fire and casualty damage was caused by the purposeful or negligent act of the tenant or the tenant's family or guests.

(3) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and all prepaid rent. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty.
Mont. Code Ann. § 70-33-201 — MT Code / Title 70 / Chapter 33 / Part 2 / Section 70-33-201
70-33-201 Rental agreements
Status: in_force

70-33-201 . Rental agreements. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law.

(2) Unless the rental agreement provides otherwise:

(a) the tenant shall pay as rent the rental value for the use and occupancy of the lot as determined by the landlord;

(b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord;

(c) periodic rent is payable at the beginning of a term that is a month or less and otherwise in equal monthly installments at the beginning of each month;

(d) rent is uniformly apportionable from day to day;

(e) the tenancy is from month to month; and

(f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-33-426 (2) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires.

(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or as provided by subsection (2).

(4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.
Mont. Code Ann. § 70-29-108 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-108
70-29-108 Lienholders of record to be notified
Status: in_force

70-29-108 . Lienholders of record to be notified. (1) The plaintiff shall cause a notice to be served a reasonable time prior to the day for appearance before the referee appointed, as provided in 70-29-107 , on each person having outstanding liens of record who is not a party to the action to appear before the referee at a specified time and place to make proof by the person's own affidavit or otherwise of the amount due or to become due, contingently or absolutely, on the lien.

(2) If the person is absent or the person's residence is unknown, service may be made by publication or notice to the person's agents, under the direction of the court, in a proper manner.

(3) The report of the referee must be made to the court and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.
Mont. Code Ann. § 70-21-308 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-308
70-21-308 Power of attorney contained in recorded instrument -- how revoked
Status: in_force

70-21-308 . Power of attorney contained in recorded instrument -- how revoked. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded in the same office in which the instrument containing the power was recorded.
Mont. Code Ann. § 70-15-102 — MT Code / Title 70 / Chapter 15 / Part 1 / Section 70-15-102
70-15-102 Land defined
Status: in_force

70-15-102 . Land defined. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.
Mont. Code Ann. § 70-15-201 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-201
70-15-201 Application of classifications
Status: in_force

70-15-201 . Application of classifications. The names and classification of interests in real property have only such application to interests in personal property as is in this code expressly provided.
Mont. Code Ann. § 70-3-102 — MT Code / Title 70 / Chapter 3 / Part 1 / Section 70-3-102
70-3-102 Gift -- how made
Status: in_force

70-3-102 . Gift -- how made. A verbal gift is not valid unless the means of obtaining possession and control of the thing are given or, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
Mont. Code Ann. § 70-9-601 — MT Code / Title 70 / Chapter 9 / Part 6 / Section 70-9-601
70-9-601 Disposal of property unclaimed within 180 days -- notice -- maintenance of records
Status: in_force

70-9-601 . Disposal of property unclaimed within 180 days -- notice -- maintenance of records. (1) A retail launderer or dry cleaner may dispose of an article, garment, or piece of clothing left with the launderer or dry cleaner for cleaning, laundering, repairing, or other service that is not redeemed by the customer within 180 days. A retail launderer or dry cleaner is not responsible or liable for an article, garment, or piece of clothing disposed of pursuant to this section.

(2) A retail launderer or dry cleaner subject to this section shall post a notice describing the provisions of this section in a conspicuous place on the premises of the retail launderer or dry cleaner. The notice must be substantially the same as the following language: "As provided in section 70-9-601 , MCA, an article, garment, or piece of clothing accepted for cleaning, laundering, repairing, or other service by a launderer or dry cleaner must be claimed within 180 days after the date the item was received for service. If an article is not claimed within 180 days, the item may be disposed of by the launderer or dry cleaner."

(3) For any item that is disposed of as provided in this section, the retail launderer or dry cleaner shall maintain copies of all service tickets or other records showing the date the item was received and the date and manner of disposition. The records must be maintained for 1 year following disposal.

(4) Any balance in excess of the charges for cleaning, laundering, repairing, or other service arising from the sale of an item unclaimed by the owner must be paid to the general fund of the county in which the sale took place.
Mont. Code Ann. § 70-33-314 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-314
70-33-314 Resident associations -- meetings
Status: in_force

70-33-314 . Resident associations -- meetings. (1) 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, but the landlord and the landlord's employees may not be members and may not attend meetings unless specifically invited by the tenants' resident association. The landlord may not interfere with or prevent the attendance of an invitee at a resident association's meeting.

(2) The landlord may not prohibit meetings by a resident association or tenants relating to:

(a) mobile home living; or

(b) the future plans for the mobile home park, including sale or change of use.
Mont. Code Ann. § 70-23-805 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-805
70-23-805 Effect of removal -- subject to partition -- sale
Status: in_force

70-23-805 . Effect of removal -- subject to partition -- sale. If the property is removed from the provisions of this chapter, as provided in 70-23-801 through 70-23-803 , it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among the unit owners in proportion to their respective undivided interests after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner.
Mont. Code Ann. § 70-15-208 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-208
70-15-208 Term of years -- suspension of absolute ownership
Status: in_force

70-15-208 . Term of years -- suspension of absolute ownership. The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.
Mont. Code Ann. § 70-24-426 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-426
70-24-426 Remedies for absence or abandonment
Status: in_force

70-24-426 . Remedies for absence or abandonment. (1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-24-322 , and the tenant fails to do so, the landlord may recover actual damages from the tenant.

(2) During an absence of the tenant in excess of 7 days, the landlord may enter the dwelling unit at times reasonably necessary.

(3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is a month or a week, as the case may be.
Mont. Code Ann. § 70-31-304 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-304
70-31-304 Reimbursement of costs when condemnation proceedings dismissed or abandoned
Status: in_force

70-31-304 . Reimbursement of costs when condemnation proceedings dismissed or abandoned. When a condemnation proceeding is instituted by an agency to acquire real property for a program or project for which federal financial assistance is available and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in the real property must be paid a sum that will, in the opinion of the court, reimburse the owner for the owner's reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of the sum must be paid by the agency that sought to condemn the property.
Mont. Code Ann. § 70-1-507 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-507
70-1-507 Grant defined
Status: in_force

70-1-507 . Grant defined. A transfer in writing is called a grant or conveyance or bill of sale. The term "grant", in this part, includes all these instruments unless it is specially applied to real property.
Mont. Code Ann. § 70-23-806 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-806
70-23-806 Removal no bar to resubmission
Status: in_force

70-23-806 . Removal no bar to resubmission. The removal of the property from the provisions of this chapter shall in no way bar its resubmission.
Mont. Code Ann. § 70-29-208 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-208
70-29-208 Allotment of land to grantee of tenant in common
Status: in_force

70-29-208 . Allotment of land to grantee of tenant in common. Whenever it appears in an action for the partition of lands that one or more of the tenants in common, being the owner of an undivided interest in the tract of land sought to be partitioned, has sold to another person a specific tract by metes and bounds out of the common land and executed to the purchaser a deed of conveyance purporting to convey the whole title to the specific tract to the purchaser in fee and in severalty, the land described in the deed must be allotted and set apart in partition to the purchaser or the purchaser's heirs or assigns or in another manner that makes the deed effectual as a conveyance of the whole title to the segregated parcel if the tract or tracts of land can be allotted or set apart without material injury to the rights and interests of the other cotenants who may not have joined in the conveyance.
Mont. Code Ann. § 70-29-204 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-204
70-29-204 Partial partition
Status: in_force

70-29-204 . Partial partition. Whenever from any cause it is in the opinion of the court impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted, as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire.
Mont. Code Ann. § 70-6-504 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-504
70-6-504 How exempted from liability -- safe
Status: in_force

70-6-504 . How exempted from liability -- safe. If an innkeeper keeps a fireproof safe and gives notice to a guest, either personally or by placing a printed notice in a prominent place in the room occupied by the guest, that the innkeeper keeps a fireproof safe and will not be liable for any loss of or injury to money, jewelry, documents, or other articles of value and small size unless placed in the safe, the innkeeper is not liable, except so far as the innkeeper's own acts contribute to the loss of or injury to the articles not deposited with the innkeeper and not required by the guest for present use.
Mont. Code Ann. § 70-20-308 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-308
70-20-308 Easements to pass with property
Status: in_force

70-20-308 . Easements to pass with property. A transfer of real property passes all easements attached thereto and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred for the benefit thereof at the time when the transfer was agreed upon or completed.
Mont. Code Ann. § 70-29-414 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-414
70-29-414 Open market sale -- sealed bids -- auction
Status: in_force

70-29-414 . Open market sale -- sealed bids -- auction . (1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.

(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.

(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:

(a) the broker shall comply with the reporting requirements in 70-29-415 ; and

(b) the sale may be completed in accordance with state law other than this part.

(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:

(a) approve the highest outstanding offer, if any;

(b) redetermine the value of the property and order that the property continue to be offered for an additional time; or

(c) order that the property be sold by sealed bids or at an auction.

(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under 70-29-301 .

(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Mont. Code Ann. § 70-31-111 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-111
70-31-111 Rulemaking authority
Status: in_force

70-31-111 . Rulemaking authority. An agency, as defined in 2-3-102 , is authorized to adopt necessary rules to implement this chapter.
Mont. Code Ann. § 70-29-110 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-110
70-29-110 Summons -- to whom directed
Status: in_force

70-29-110 . Summons -- to whom directed. The summons must be directed to all the joint tenants and tenants in common and all persons having an interest in or any liens of record by mortgage, judgment, or otherwise upon the property or upon any particular portion thereof and generally to all persons unknown who have or claim any interest in the property.
Mont. Code Ann. § 70-27-205 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-205
70-27-205 Verdict, judgment, and execution
Status: in_force

70-27-205 . Verdict, judgment, and execution. (1) If upon the trial the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the plaintiff and against the defendant, judgment must be entered for the restitution of the premises. If the proceeding is for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held or after default in the payment of rent, the judgment must also declare the forfeiture of the lease or agreement.

(2) The jury, or the court if the proceeding is tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry or by any forcible or unlawful detainer alleged in the complaint and proved on the trial and find the amount of any rent due if the alleged unlawful detainer is after default in the payment of rent. The judgment must be rendered against the defendant, guilty of the forcible entry or forcible or unlawful detainer, for three times the amount of the damages assessed and of the rent found due.

(3) When the proceeding is for an unlawful detainer after default in the payment of the rent and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment may not be issued until the expiration of 5 days after the entry of the judgment, within which time the tenant or any subtenant or any mortgagee of the term or other party interested in its continuance may pay into court for the landlord the amount found due as rent with interest and the amount of damages found by the jury or the court for the unlawful detainer and the costs of the proceeding, and upon the payment, the judgment is satisfied and the tenant must be restored to the tenant's estate. However, if the payment is not made within 5 days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately.
Mont. Code Ann. § 70-26-105 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-105
70-26-105 Assignee of lessee -- remedies of lessor against
Status: in_force

70-26-105 . Assignee of lessee -- remedies of lessor against. Whatever remedies the lessor of any real property has against the lessor's immediate lessee for the breach of any agreement in the lease or for recovery of the possession, the lessor has against the assignees of the lessee for any cause of action accruing while they are assignees, except when the assignment is made by way of security for a loan and is not accompanied by possession of the premises.
Mont. Code Ann. § 70-1-316 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-316
70-1-316 Present interest -- to what entitles owner
Status: in_force

70-1-316 . Present interest -- to what entitles owner. A present interest entitles the owner to the immediate possession of the property.
Mont. Code Ann. § 70-1-301 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-301
70-1-301 Interests in real property specially named elsewhere
Status: in_force

70-1-301 . Interests in real property specially named elsewhere. In respect to real or immovable property, the interests mentioned in this part are denominated estates and are specially named and classified in 70-15-202 through 70-15-216 , in Title 70, chapter 15, part 3, in Title 70, chapter 16, in 70-17-101 through 70-17-111 , and in Title 72, chapter 38, part 8.
Mont. Code Ann. § 70-27-105 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-105
70-27-105 Remedies of landlord after notice
Status: in_force

70-27-105 . Remedies of landlord after notice. After such notice has been served and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.
Mont. Code Ann. § 70-18-205 — MT Code / Title 70 / Chapter 18 / Part 2 / Section 70-18-205
70-18-205 Island formed by division of stream
Status: in_force

70-18-205 . Island formed by division of stream. If a stream navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner.
Mont. Code Ann. § 70-33-202 — MT Code / Title 70 / Chapter 33 / Part 2 / Section 70-33-202
70-33-202 Prohibited provisions in rental agreements
Status: in_force

70-33-202 . Prohibited provisions in rental agreements. (1) A rental agreement may not require a party to:

(a) waive or forego rights or remedies under this chapter;

(b) authorize any person to confess judgment on a claim arising out of the rental agreement; or

(c) agree to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence or to indemnify the other party for that liability or related costs or attorney fees.

(2) A rental agreement or a related document may not permit the receipt of rent free of the obligation to comply with the provisions of 70-33-303 .
Mont. Code Ann. § 70-23-611 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-611
70-23-611 Joint liability of grantor and grantee for unpaid common expenses
Status: in_force

70-23-611 . Joint liability of grantor and grantee for unpaid common expenses. In a voluntary conveyance of a unit, the grantee is jointly and severally liable with the grantor for all unpaid charges against the grantor for the grantor's proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee for the common expenses. However, upon request of a prospective purchaser, the manager shall make and deliver a statement of the unpaid charges against the prospective grantor, and the grantee in that case is not liable for nor is the unit when conveyed subject to a lien filed for any unpaid charges against the grantor in excess of the amount set forth in the statement.
Mont. Code Ann. § 70-9-802 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-802
70-9-802 Definitions
Status: in_force

70-9-802 . Definitions. In this part, unless the context requires otherwise, the following definitions apply:

(1) "Administrator" means the department of revenue provided for in 2-15-1301 .

(2) "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder.

(3) "Business association" means a corporation, joint-stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit.

(4) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.

(5) "Financial organization" means a savings and loan association, bank, banking organization, or credit union.

(6) "Gift certificate" has the meaning provided in 30-14-102 .

(7) "Holder" means a person obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this part.

(8) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance.

(9) "Mineral" means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state.

(10) "Mineral proceeds" means amounts payable for the extraction, production, or sale of minerals or, upon the abandonment of those payments, all payments that become payable after abandonment. The term includes amounts payable:

(a) for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals;

(b) for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and

(c) under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farmout agreement.

(11) (a) "Money order" includes an express money order and a personal money order, on which the remitter is the purchaser.

(b) The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.

(12) "Owner" means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. The term includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property.

(13) "Payroll card" means a record that evidences a payroll card account as defined in Regulation E, 12 CFR, part 1005, as of April 19, 2023.

(14) "Person" means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality or any other legal or commercial entity.

(15) "Personal information" means:

(a) information that identifies or reasonably can be used to identify an individual, such as a first and last name in combination with the individual's:

(i) social security number or other government-issued number or identifier;

(ii) date of birth;

(iii) home or physical address;

(iv) electronic mail address or other online contact information or internet provider address;

(v) financial account number or credit or debit card number;

(vi) biometric data, health or medical data, or insurance information; or

(vii) passwords or other credentials that permit access to an online account or other account; and

(b) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law.

(16) (a) "Property" means tangible property described in 70-9-804 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business or, except as provided in subsection (16)(b), by a government, governmental subdivision, agency, or instrumentality and all income or increments from the property. The term includes property that is referred to as or evidenced by:

(i) money, virtual currency, check, draft, deposit, interest, dividend, or payroll card;

(ii) credit balance, customer's overpayment, gift certificate, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance;

(iii) stock or other evidence of ownership of an interest in a business association or financial organization;

(iv) bond, debenture, note, or other evidence of indebtedness;

(v) money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions;

(vi) an amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and

(vii) an amount distributable from a trust or custodial fund that is established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.

(b) The term does not include:

(i) property that is held, issued, or owed by a local government entity, as defined in 2-7-501 ;

(ii) property held in state and local government sponsored retirement plans governed by Title 19;

(iii) property held in a plan as described in section 529A of the Internal Revenue Code, 26 U.S.C. 529A, as amended.

(17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.

(18) "Security" means:

(a) a security as defined in 30-8-112 ;

(b) a security entitlement as defined in 30-8-112 , including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:

(i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;

(ii) payable to the order of the person; or

(iii) specifically indorsed to the person; or

(c) an equity interest in a business association not included in subsection (18)(a) or (18)(b).

(19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession that is subject to the jurisdiction of the United States.

(20) "Utility" means a person who owns or operates for public use any plant, equipment, real property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.

(21) (a) "Virtual currency" means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States.

(b) The term does not include:

(i) the software or protocols governing the transfer of the digital representation of value;

(ii) game-related digital content; or

(iii) a loyalty card.

(22) "Worthless security" means a security whose cost of liquidation and delivery to the administrator would exceed the value of the security on the date a report is due under this part.
Mont. Code Ann. § 70-24-103 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-103
70-24-103 General definitions
Status: in_force

70-24-103 . General definitions. Subject to additional definitions contained in subsequent sections and unless the context otherwise requires, 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 70-24-426 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 heat, electricity, gas, running water, hot 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) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by a person who maintains a household or by two or more persons who maintain a common household. Dwelling unit, in the case of a person who rents space in a mobile home park and rents the mobile home, means the mobile home itself.

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

(8) "Guest" means a person staying with a tenant for a temporary period of time as defined in the rental agreement or, if not defined in the rental agreement, for a period of time no more than 7 days unless the tenant has received the landlord's written consent to a longer period of time.

(9) "Landlord" means:

(a) the owner of the dwelling unit or the building of which it is a part;

(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 person who has written authorization from the owner to act as a manager of the premises for the purposes of the tenancy or the rental agreement; or

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

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

(11) "Owner" means one or more persons, jointly or severally, in whom is vested all or part of:

(a) the legal title to property; or

(b) the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession.

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

(13) "Premises" means a dwelling unit and the structure of which it is a part, the facilities and appurtenances in the structure, and the grounds, areas, and facilities held out for the use of tenants generally or promised for the use of a tenant.

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

(15) "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 .

(16) "Rental agreement" means all agreements, written or oral, and valid rules adopted under 70-24-311 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

(17) "Roomer" means a person occupying a dwelling unit that does not include a toilet, a bathtub or a shower, a refrigerator, a stove, or a kitchen sink, all of which are provided by the landlord and one or more of which are used in common by occupants in the structure.

(18) "Single-family residence" means a structure maintained and used as a single dwelling unit. A dwelling unit that shares one or more walls with another dwelling unit is a single-family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment, or any other essential facility or service with another dwelling unit.

(19) "Tenant" means:

(a) a person entitled under a rental agreement to occupy a dwelling unit 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.

(20) "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. § 70-32-206 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-206
70-32-206 Appointment of appraisers -- oath
Status: in_force

70-32-206 . Appointment of appraisers -- oath. (1) At the hearing the judge may, upon proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint three disinterested residents and freeholders of the county to appraise the value of the homestead.

(2) The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.
Mont. Code Ann. § 70-15-216 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-216
70-15-216 When vesting of future estate not prevented by power of appointment
Status: in_force

70-15-216 . When vesting of future estate not prevented by power of appointment. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
Mont. Code Ann. § 70-19-427 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-427
70-19-427 Residential construction disputes -- limitation on consumer protection actions -- notice and opportunity to repair -- tolling of statute of limitations -- presumption of compliance with construction standards
Status: in_force

70-19-427 . Residential construction disputes -- limitation on consumer protection actions -- notice and opportunity to repair -- tolling of statute of limitations -- presumption of compliance with construction standards. (1) Prior to commencing an action against a construction professional for a construction defect, the claimant shall serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the claim in reasonable detail sufficient to determine the general nature of the defect. If a written notice of claim is served under this section within the time prescribed for the filing of an action under 27-2-208 , the statute of limitations for construction defect claims is tolled. Assertion of a claim under this section precludes a claimant from bringing or maintaining an action under 30-14-133 .

(2) Within 21 days after service of the notice of claim, the construction professional shall serve a written response on the claimant. The written response must:

(a) propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified timeframe. The proposal must include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim;

(b) offer to compromise and settle the claim by monetary payment without inspection; or

(c) state that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

(3) (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2), the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(b) If the claimant rejects the inspection proposal or the settlement offer made by the construction professional pursuant to subsection (2), the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the notice of rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within 30 days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the inspection proposal or settlement offer, then at any time after that date the construction professional may terminate the proposal or offer by serving written notice on the claimant. The claimant may, after service, bring an action against the construction professional for the construction defect claim described in the notice of claim.

(4) (a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal pursuant to subsection (2)(a), the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence, as agreed by the parties, to inspect the premises and the claimed defect.

(b) Within 14 days following completion of the inspection, the construction professional shall serve on the claimant:

(i) a written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of the construction;

(ii) a written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b);

(iii) a written offer to remedy the claim through a combination of repair and monetary payment pursuant to subsection (2)(b); or

(iv) a written statement setting forth the reasons why the construction professional will not proceed further to remedy the alleged defect.

(c) If the construction professional does not proceed further to remedy the alleged construction defect within the agreed-upon time or if the construction professional fails to comply with the provisions of subsection (4)(b), the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(d) If the claimant rejects the offer made by the construction professional pursuant to subsection (4)(b)(i) or (4)(b)(ii) to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within 30 days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the offer made pursuant to subsection (4)(b)(i) or (4)(b)(ii), then at any time after that date the construction professional may terminate the offer by serving written notice on the claimant.

(5) (a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (4)(b)(i) or (4)(b)(iii) shall do so by serving the construction professional with a written notice of acceptance within 30 days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction according to the timetable stated in the offer.

(b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer, including but not limited to repair of additional defects.

(6) Subsequently discovered claims of construction defects must be administered separately under 70-19-428 and this section, unless otherwise agreed to by the parties.

(7) This section may not be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform within the time agreed upon pursuant to subsection (4)(b) or (5)(b).

(8) This section may not be enforced unless the home owner has been given written notice of the requirements of 70-19-426 , 70-19-428 , and this section.
Mont. Code Ann. § 70-9-811 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-811
70-9-811 Custody by state -- recovery by holder -- defense of holder
Status: in_force

70-9-811 . Custody by state -- recovery by holder -- defense of holder. (1) In this section, payment or delivery is made in "good faith" if:

(a) payment or delivery was made in a reasonable attempt to comply with this part;

(b) the holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and

(c) there is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.

(2) Upon payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A holder that pays or delivers property to the administrator in good faith is relieved of all liability arising thereafter with respect to the property.

(3) A holder that has paid money to the administrator pursuant to this part may subsequently make payment to a person reasonably appearing to the holder to be entitled to payment. Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler's check or money order, the holder must be reimbursed upon filing proof that the instrument was duly presented and that payment was made to a person that reasonably appeared to be entitled to payment. The holder must be reimbursed for payment made even if the payment was made to a person whose claim was barred under 70-9-819 .

(4) A holder that has delivered property other than money to the administrator pursuant to this part may reclaim the property if it is still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder.

(5) The administrator may accept a holder's affidavit as sufficient proof of the holder's right to recover money and property under this section.

(6) If a holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the administrator.

(7) Property removed from a safe deposit box or other safekeeping depository is received by the administrator subject to the holder's right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the administrator in selling the property.
Mont. Code Ann. § 70-23-603 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-603
70-23-603 Lien allowable against unit not against the property
Status: in_force

70-23-603 . Lien allowable against unit not against the property. Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the common elements appertaining thereto, in the same manner and under the same conditions as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.
Mont. Code Ann. § 70-23-301 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-301
70-23-301 Contents of declaration
Status: reserved

70-23-301 . Contents of declaration. A declaration must contain:

(1) a description of the land, whether leased or in fee simple, on which the building is located or is to be located;

(2) the name by which the property will be known and a general description of the building, including the number of stories and basements, the number of units, and the principal materials of which it is constructed;

(3) the unit designation, location, approximate area of each unit, and any other data necessary for proper identification;

(4) a description of the general common elements and the percentage of the interest of each unit owner in the common elements;

(5) a description of the limited common elements, if any, stating to which units their use is reserved and in what percentage;

(6) a statement of the use for which the building and each of the units is intended;

(7) the name of a person to receive service of process in the cases provided in 70-23-901 and the residence or place of business of the person which must be within the county in which the property is located;

(8) an exhibit containing certification from the applicable local government that the condominiums, townhomes, or townhouses are either exempt from review under 76-3-203 or have been approved following review under Title 76, chapter 3, parts 5 and 6; and

(9) any other details regarding the property that the person executing the declaration considers desirable.
Mont. Code Ann. § 70-19-404 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-404
70-19-404 Presumption of possession within prescribed period -- adverse possession as exception
Status: in_force

70-19-404 . Presumption of possession within prescribed period -- adverse possession as exception. In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title unless it appear that the property has been held and possessed adversely to such legal title for 5 years before the commencement of the action.
Mont. Code Ann. § 70-23-608 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-608
70-23-608 Foreclosure of lien under claim for common expenses -- action without foreclosure
Status: in_force

70-23-608 . Foreclosure of lien under claim for common expenses -- action without foreclosure. (1) The proceedings to foreclose liens created by 70-23-607 shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5. The lien may be enforced by the manager acting on behalf of the association of unit owners.

(2) An action to recover a money judgment for unpaid common expenses may be maintained without foreclosing or waiving the lien securing the claim for common expenses.
Mont. Code Ann. § 70-27-208 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-208
70-27-208 Holdover after tenant's notice to quit -- treble rent
Status: in_force

70-27-208 . Holdover after tenant's notice to quit -- treble rent. If any tenant gives notice of the intention to quit the premises and does not deliver up the possession at the time specified in the notice, the tenant shall pay to the landlord treble rent during the time the tenant continues in possession after the notice.
Mont. Code Ann. § 70-6-212 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-212
70-6-212 No duty to deliver without demand
Status: in_force

70-6-212 . No duty to deliver without demand. A depositary is not bound to deliver a thing deposited without demand even where the deposit is made for a specified time.
Mont. Code Ann. § 70-7-113 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-113
70-7-113 When returnable without demand
Status: in_force

70-7-113 . When returnable without demand. If a thing is lent for use for a specified time or purpose, it must be returned to the lender without demand as soon as the time has expired or the purpose has been accomplished. In other cases it need not be returned until demanded.
Mont. Code Ann. § 70-24-101 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-101
70-24-101 Short title
Status: in_force

70-24-101 . Short title. This chapter may be cited as "The Montana Residential Landlord and Tenant Act of 1977".
Mont. Code Ann. § 70-3-203 — MT Code / Title 70 / Chapter 3 / Part 2 / Section 70-3-203
70-3-203 Revocation
Status: in_force

70-3-203 . Revocation. A gift in view of death may be revoked by the giver at any time and is revoked by the giver's recovery from the illness or escape from the peril under the presence of which it was made or by the occurrence of any event that would operate as a revocation of a will made at the same time.
Mont. Code Ann. § 70-1-424 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-424
70-1-424 Future contingent interest -- termination of precedent interest
Status: in_force

70-1-424 . Future contingent interest -- termination of precedent interest. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect, but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.
Mont. Code Ann. § 70-2-102 — MT Code / Title 70 / Chapter 2 / Part 1 / Section 70-2-102
70-2-102 Transfer and succession
Status: in_force

70-2-102 . Transfer and succession. A thing in action arising out of the violation of a right of property or out of an obligation may be transferred by the owner. Upon the death of the owner, it passes to the owner's personal representatives except when in the cases provided in this title it passes to the owner's devisees or successor in office.
Mont. Code Ann. § 70-23-602 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-602
70-23-602 Liens to be satisfied or released at time of first conveyance
Status: in_force

70-23-602 . Liens to be satisfied or released at time of first conveyance. At the time of the first conveyance or lease of each unit following the recording of the declaration, every mortgage and other lien affecting such unit, including the undivided interest of the unit in the common elements, shall be paid and satisfied of record or the unit being conveyed or leased and its interest in the common elements shall be released therefrom by partial release duly recorded.
Mont. Code Ann. § 70-30-306 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-306
70-30-306 Necessary expenses of litigation defined
Status: in_force

70-30-306 . Necessary expenses of litigation defined. (1) Necessary expenses of litigation as authorized by 70-30-305 mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs.

(2) Reasonable and necessary attorney fees are the customary hourly rates for an attorney's services in the county in which the trial is held. Reasonable and necessary attorney fees must be computed on an hourly basis and may not be computed on the basis of any contingent fee contract.

(3) Reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that expertise in the county in which the trial is held.
Mont. Code Ann. § 70-23-901 — MT Code / Title 70 / Chapter 23 / Part 9 / Section 70-23-901
70-23-901 Actions -- service of process
Status: in_force

70-23-901 . Actions -- service of process. (1) Actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager with respect to any cause of action relating to the common elements or more than one unit.

(2) Service of process on two or more unit owners, in any action relating to the common elements or more than one unit, may be made on the person designated in the declaration to receive service of process or in duplicate on the recording officer of the county in which the declaration is filed. The recording officer shall promptly send a copy of the document served by certified or registered mail to the person designated in the declaration to receive service of process.

(3) At the time of service on the recording officer, the serving party shall pay to the recording officer a fee of $10 which shall be a taxable disbursement.
Mont. Code Ann. § 70-5-102 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-102
70-5-102 Finder not bound to take charge -- status as depositary
Status: in_force

70-5-102 . Finder not bound to take charge -- status as depositary. A person who finds a thing lost is not bound to take charge of it, but if the person does, the person is a depositary for the owner, with the rights and obligations of a depositary for hire.
Mont. Code Ann. § 70-23-306 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-306
70-23-306 Floor plans recorded with declaration -- certification
Status: in_force

70-23-306 . Floor plans recorded with declaration -- certification. (1) Floor plans of the building described in a declaration shall be recorded simultaneously with the declaration. The floor plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has access.

(2) There shall be attached to the floor plans a statement of a registered architect, registered professional engineer, or registered professional land surveyor who has reviewed the floor plans, certifying that the plans are an accurate copy of the plans filed with and approved by the city and county officers having jurisdiction to issue building permits. If the plans do not include a verified statement by an architect, engineer, or surveyor that the plans fully and accurately depict the layout, location, unit designation, and dimensions of each unit as built, there shall be recorded within 30 days from the date of completion of the building or from the date of the first occupancy of the building, whichever first occurs, an amendment to the declaration to which shall be attached a verified statement of a registered architect, registered professional engineer, or registered professional land surveyor certifying that the floor plans previously filed or being filed simultaneously with the amendment fully and accurately depict the layout of the units and floors of the building and the date construction of the building was completed.
Mont. Code Ann. § 70-7-202 — MT Code / Title 70 / Chapter 7 / Part 2 / Section 70-7-202
70-7-202 Loan for exchange defined
Status: in_force

70-7-202 . Loan for exchange defined. A loan for exchange is a contract by which one delivers personal property to another and the latter agrees to return to the lender a similar thing at a future time, without reward for its use.
Mont. Code Ann. § 70-32-208 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-208
70-32-208 Report of appraisers -- contents
Status: in_force

70-32-208 . Report of appraisers -- contents. Within 15 days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.
Mont. Code Ann. § 70-17-115 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-115
70-17-115 State acquisition of land subject to prescriptive easement
Status: in_force

70-17-115 . State acquisition of land subject to prescriptive easement. Acquisition by the state of land subject to a prescriptive easement does not terminate the prescriptive easement.
Mont. Code Ann. § 70-4-206 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-206
70-4-206 Wrongdoer liable in damages
Status: in_force

70-4-206 . Wrongdoer liable in damages. One who wrongfully employs materials belonging to another is liable to the other in damages as well as under the provisions of Title 70, chapter 4, part 1, and 70-4-201 through 70-4-205 .
Mont. Code Ann. § 70-30-314 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-314
70-30-314 Weed control responsibility
Status: in_force

70-30-314 . Weed control responsibility. The condemnor, upon taking possession of the land, is responsible for the control and destruction of noxious weeds on the land until natural grasses have taken over the property and noxious weeds have ceased to exist.
Mont. Code Ann. § 70-16-203 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-203
70-16-203 Adjoining owner's right to lateral and subjacent support -- excavations
Status: in_force

70-16-203 . Adjoining owner's right to lateral and subjacent support -- excavations. Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.
Mont. Code Ann. § 70-30-106 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-106
70-30-106 Eminent domain not to be used for coal mining in certain cases -- policy
Status: in_force

70-30-106 . Eminent domain not to be used for coal mining in certain cases -- policy. (1) For the reasons contained in this section, the state's power of eminent domain may not be exercised to mine and extract coal owned by the condemnor located beneath the surface of property for which the title to the surface is vested in others.

(2) Because of the large reserves of and the renewed interest in coal in eastern Montana, coal development is potentially more destructive to land and watercourses and underground aquifers and potentially more extensive geographically than the foreseeable development of other ores, metals, or minerals and affects large areas of land and large numbers of people.

(3) In certain areas of Montana referred to in subsection (2), the title to the surface property is vested in an owner other than the mineral owner and the surface owner is putting that surface property to a productive use, and it is the public policy of the state to encourage and foster that productive use by the surface owner. To permit the mineral owner to condemn the surface owner's property is to deprive the surface owner of the right to use the property in the productive manner that the surface owner determines and is also contrary to public policy set forth in subsection (5).

(4) The magnitude of the potential coal development in eastern Montana will subject landowners to undue harassment by excessive use of eminent domain.

(5) It is the public policy of the state to encourage and foster diversity of land ownership, and the surface mining of coal and control of large areas of land by the surface coal mining industry would not promote public policy and further the public interest.
Mont. Code Ann. § 70-1-313 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-313
70-1-313 Interest in common defined
Status: in_force

70-1-313 . Interest in common defined. An interest in common is one owned by several persons, not in joint ownership or partnership.
Mont. Code Ann. § 70-7-110 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-110
70-7-110 Who to bear expenses
Status: in_force

70-7-110 . Who to bear expenses. The borrower of a thing for use shall bear all its expenses during the loan except those that are necessarily incurred by the borrower to preserve it from unexpected and unusual injury. The borrower is entitled to compensation for those expenses from the lender, who may, however, be exonerated by surrendering the thing to the borrower.
Mont. Code Ann. § 70-17-407 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-407
70-17-407 Wind energy agreements -- grandfather clause
Status: in_force

70-17-407 . Wind energy agreements -- grandfather clause. This part may not be construed to alter, amend, diminish, or invalidate wind energy rights acquired by contract, agreement, or lease prior to April 21, 2011.
Mont. Code Ann. § 70-23-403 — MT Code / Title 70 / Chapter 23 / Part 4 / Section 70-23-403
70-23-403 Common elements -- undivided interest of unit owner
Status: in_force

70-23-403 . Common elements -- undivided interest of unit owner. (1) Each unit owner shall be entitled to an undivided interest in the common elements in the percentage expressed in the declaration. Such percentage shall be in the approximate relation that the value of the unit at the date of the declaration bears to the then combined value of all the units having an interest in the particular common elements. Value need not conform to market value.

(2) The percentage of undivided interest of each unit owner in the common elements as expressed in a declaration shall not be altered unless all unit owners having an interest in the particular common element agree thereto and record an amendment to the declaration setting forth the altered percentage of each unit owner having an interest.
Mont. Code Ann. § 70-19-403 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-403
70-19-403 When action on claim by entry must be commenced
Status: in_force

70-19-403 . When action on claim by entry must be commenced. No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within 1 year after making such entry and within 5 years from the time when the right to make it descended or accrued.
Mont. Code Ann. § 70-1-422 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-422
70-1-422 Future interest contingent on death without children -- how defeated
Status: in_force

70-1-422 . Future interest contingent on death without children -- how defeated. A future interest depending on the contingency of the death of any person without successors, heirs, issue, or children is defeated by the birth of a posthumous child of such person, capable of taking by succession.
Mont. Code Ann. § 70-20-316 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-316
70-20-316 Deeds made prior to 1900 -- presumption grantor had no wife
Status: in_force

70-20-316 . Deeds made prior to 1900 -- presumption grantor had no wife. When a deed to real property has been made, executed, and acknowledged prior to the year 1900 by a grantor without recital in the body of the deed or acknowledgment as to whether or not the grantor is married or single and the wife of the grantor, if any, not joining in the conveyance or otherwise releasing or conveying the wife's dower, the presumption is that the person conveying the land had no wife living at the date of conveyance and that the land was conveyed free of all right of dower, inchoate or vested.
Mont. Code Ann. § 70-17-401 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-401
70-17-401 Short title
Status: in_force

70-17-401 . Short title. This part may be cited as the "Wind Energy Rights Act".
Mont. Code Ann. § 70-29-411 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-411
70-29-411 Buyout by cotenant
Status: in_force

70-29-411 . Buyout by cotenant. (1) If any cotenant requested partition by sale, after the determination of value under 70-29-410 , the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.

(2) Not later than 45 days after the notice is sent under subsection (1), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.

(3) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under 70-29-410 multiplied by the cotenant's fractional ownership of the entire parcel.

(4) After expiration of the period in subsection (2), the following rules apply:

(a) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.

(b) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.

(c) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under 70-29-412 (1) and (2).

(5) If the court sends notice to the parties under subsection (4)(a) or (4)(b), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants shall pay their apportioned price into the court. After this date, the following rules apply:

(a) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.

(b) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under 70-29-412 (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased.

(c) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.

(6) Not later than 20 days after the court gives notice pursuant to subsection (5)(c), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply:

(a) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them.

(b) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under 70-29-412 (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased.

(c) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.

(7) Not later than 45 days after the court sends notice to the parties pursuant to subsection (1), any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.

(8) If the court receives a timely request under subsection (7), the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations:

(a) a sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (1) through (6) have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and

(b) the purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under 70-29-410 .
Mont. Code Ann. § 70-1-201 — MT Code / Title 70 / Chapter 1 / Part 2 / Section 70-1-201
70-1-201 Original and ultimate title
Status: in_force

70-1-201 . Original and ultimate title. The original and ultimate right of all property, real and personal, within the jurisdiction of this state and not belonging to the United States is in the people of the state.
Mont. Code Ann. § 70-9-401 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-401
70-9-401 Applicability -- Uniform Commercial Code
Status: in_force

70-9-401 . 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. § 70-9-813 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-813
70-9-813 Deposit of funds
Status: in_force

70-9-813 . Deposit of funds. (1) Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this part, including the proceeds from the sale of abandoned property under 70-9-812 . The administrator shall retain in a separate trust fund at least $100,000 from which the administrator shall pay claims allowed. The administrator shall record the name and last-known address of each person appearing from the holders' reports to be entitled to the property and the name and last-known address of each insured person or annuitant and beneficiary and, with respect to each policy or annuity listed in the report of an insurance company, its number, the name of the company, and the amount due.

(2) Before making a deposit to the credit of the general fund, the administrator may deduct:

(a) expenses of sale of abandoned property;

(b) costs of mailing and publication in connection with abandoned property;

(c) reasonable service charges; and

(d) expenses incurred in examining records of holders of property and in collecting the property from those holders.
Mont. Code Ann. § 70-1-109 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-109
70-1-109 Choice of law as to personal property
Status: in_force

70-1-109 . Choice of law as to personal property. If there is no law to the contrary in the place where personal property is situated, it is considered to follow the person of its owner and is governed by the law of the owner's domicile.
Mont. Code Ann. § 70-21-304 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-304
70-21-304 Conveyance void as against other conveyance recorded first
Status: in_force

70-21-304 . Conveyance void as against other conveyance recorded first. Every conveyance of real property, other than a lease for a term not exceeding 1 year, is void against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same property or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
Mont. Code Ann. § 70-29-301 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-301
70-29-301 Sale to be at public auction -- notice
Status: in_force

70-29-301 . Sale to be at public auction -- notice. All sales of real property made by referees under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the property or any part of it is to be sold subject to a prior estate, charge, or lien, that must be stated in the notice.
Mont. Code Ann. § 70-20-304 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-304
70-20-304 Implied covenants -- free from encumbrance
Status: in_force

70-20-304 . Implied covenants -- free from encumbrance. (1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns unless restrained by express terms contained in the conveyance:

(a) that prior to the time of the execution of the conveyance the grantor has not conveyed the same estate or any right, title, or interest in that estate to any person other than the grantee; and

(b) that the estate is at the time of the execution of the conveyance free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor.

(2) The enumerated covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
Mont. Code Ann. § 70-33-406 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-406
70-33-406 Landlord's failure to provide essential services -- tenant's remedies
Status: in_force

70-33-406 . Landlord's failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-33-303 the landlord purposefully or negligently fails to supply running water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may:

(a) procure reasonable amounts of running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct the actual and reasonable cost from the rent;

(b) recover damages based upon the diminution in the fair rental value of the lot; or

(c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

(2) A tenant proceeding under this section may not proceed under 70-33-405 for a landlord's failure to provide essential services.

(3) The rights of a tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions.

(4) A tenant does not have rights under this section if the conditions were caused by the act or omission of the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.
Mont. Code Ann. § 70-23-601 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-601
70-23-601 Contents of deed or lease of unit
Status: in_force

70-23-601 . Contents of deed or lease of unit. Except as provided in 70-1-522 , the deed or lease of a unit must contain:

(1) a description of the land, the name of the property, and the recording index numbers and date of recording of the declaration;

(2) the unit designation of the unit;

(3) the use for which the unit is intended;

(4) the percentages of undivided interest in the common elements appertaining to the unit;

(5) any further details the grantor and grantee or lessor and lessee may consider desirable.
Mont. Code Ann. § 70-16-302 — MT Code / Title 70 / Chapter 16 / Part 3 / Section 70-16-302
70-16-302 Restriction on liability of landowner -- definitions
Status: in_force

70-16-302 . (Temporary) Restriction on liability of landowner -- definitions. (1) A person who uses property, including property owned or leased by a public entity, for recreational purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose if the person does not give a valuable consideration to the landowner in exchange for the recreational use of the property. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct. For purposes of this section, valuable consideration does not include the state land recreational use license fee imposed under 77-1-802 or other funds provided under 77-1-815 .

(2) As used in this part, the following definitions apply:

(a) (i) "Airstrip" means improved or unimproved landing areas on private land used by pilots to land, park, take off, unload, load, and taxi aircraft.

(ii) The term does not include municipal airports governed under Title 67, chapter 10, part 1.

(b) "Flying of aircraft" means the operation of aircraft, including but not limited to landing, parking, taking off, unloading, loading, and taxiing of aircraft at an airstrip.

(c) "Landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, irrigation district, drainage district, and persons or entities in control of the property or with an agreement to use or occupy property.

(d) "Property" means land, roads, airstrips, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.

(3) The department of fish, wildlife, and parks, when operating under an agreement with a landowner or tenant to provide recreational snowmobiling opportunities, including but not limited to a snowmobile area, subject to the provisions of subsection (1), on the landowner's property and when not also acting as a snowmobile area operator on the property, does not extend any assurance that the property is safe for any purpose, and the department, the landowner, or the landowner's tenant may not be liable to any person for any injury to person or property resulting from any act or omission of the department unless the act or omission constitutes willful or wanton misconduct. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
Mont. Code Ann. § 70-29-220 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-220
70-29-220 Disbursements by party -- interest allowed
Status: in_force

70-29-220 . Disbursements by party -- interest allowed. Whenever during the progress of the action for partition any disbursements shall have been made under the direction of the court or the judge thereof by a party thereto, interest must be allowed thereon from the time of making such disbursements.
Mont. Code Ann. § 70-5-104 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-104
70-5-104 Right of finder to require proof of claimant's ownership
Status: in_force

70-5-104 . Right of finder to require proof of claimant's ownership. The finder of a thing may in good faith before giving it up require reasonable proof of ownership from any person claiming it.
Mont. Code Ann. § 70-29-106 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-106
70-29-106 Unnecessary to join grantees or lienholders not of record
Status: in_force

70-29-106 . Unnecessary to join grantees or lienholders not of record. No person having a conveyance of or claiming a lien on the property or some part of it need be made a party to the action unless such conveyance or lien appear of record.
Mont. Code Ann. § 70-20-306 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-306
70-20-306 Responsibility of heirs of covenantor -- certain warranties abolished
Status: in_force

70-20-306 . Responsibility of heirs of covenantor -- certain warranties abolished. Lineal and collateral warrants, with all their incidents, are abolished, but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property are, except as provided in 70-1-522 , answerable upon the covenant or agreement to the extent of the land descended or devised to them in the cases and in the manner prescribed by law.
Mont. Code Ann. § 70-33-433 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-433
70-33-433 Grounds for termination of rental agreement
Status: in_force

70-33-433 . Grounds for termination of rental agreement. (1) If there is a noncompliance by the tenant with the rental agreement or with a provision of 70-33-321 , the landlord may deliver a written notice to the tenant pursuant to 70-33-106 specifying the acts or omissions constituting the noncompliance and stating that the rental agreement will terminate upon the date specified in the notice that may not be less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates as provided in the notice for one or more of the following reasons and subject to the following conditions:

(a) nonpayment of rent, late charges, or common area maintenance fees as established in the rental agreement, for which the notice period is 7 days;

(b) a violation of a rule other than provided for in subsection (1)(a) that does not create an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 14 days;

(c) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager, for which the notice period is 24 hours;

(d) late payment of rent, late charges, or common area maintenance fees, as established in the rental agreement, three or more times within a 12-month period if written notice is given by the landlord after each failure to pay, as required by subsection (1)(a), for which the notice period for termination for the final late payment is 30 days;

(e) a violation of a rule that creates an immediate threat to the health and safety of any other tenant or the landlord or manager whether or not notice was given pursuant to subsection (1)(c) and the violation was remedied as provided in subsection (3), for which the notice period is 14 days;

(f) two or more violations within a 6-month period of the same rule for which notice has been given for each prior violation, as provided in subsection (1)(a), (1)(b), or (1)(c), for which the notice period for the final violation is 30 days;

(g) two or more violations of 70-33-321 (1) within a 6-month period, for which the notice period for the final violation is 14 days;

(h) any violation of 70-33-321 (3), for which the notice period is as provided in 70-33-422 (1);

(i) disorderly conduct that results in disruption of the rights of others to the peaceful enjoyment and use of the premises, for which the notice period is 7 days;

(j) any other noncompliance or violation not covered by subsections (1)(a) through (1)(i) that endangers other tenants or mobile home park personnel or the landlord or manager or causes substantial damage to the premises, for which the notice period is 14 days;

(k) conviction of the mobile home owner or a tenant of the mobile home owner of a violation of a federal or state law or local ordinance, when the violation is detrimental to the health, safety, or welfare of other tenants or the landlord or manager or the landlord's documentation of a violation of the provisions of Title 45, chapter 9, for which the notice period is 14 days;

(l) changes in the use of the land if the requirements of subsection (2) are met, for which the notice period is 180 days;

(m) any legitimate business reason not covered elsewhere in this subsection (1) if the landlord meets the following requirements:

(i) the termination does not violate a provision of this section or any other state statute; and

(ii) the landlord has given the mobile home owner or tenant of the mobile home owner a minimum of 90 days' written notice of the termination.

(2) If a landlord plans to change the use of all or part of the premises from mobile home lot rentals to some other use, each affected mobile home owner must receive notice from the landlord as follows:

(a) The landlord shall give the mobile home owner and a tenant of the mobile home owner at least 15 days' written notice that the landlord will be appearing before a unit of local government to request permits for a change of use of the premises.

(b) After all required permits requesting a change of use have been approved by the unit of local government, the landlord shall give the mobile home owner and a tenant of the mobile home owner 6 months' written notice of termination of tenancy. If the change of use does not require local government permits, the landlord shall give the written notice at least 6 months prior to the change of use. In the notice the landlord shall disclose and describe in detail the nature of the change of use.

(c) Prior to entering a rental agreement during the 6-month notice period referred to in subsection (2)(b), the landlord shall give each prospective mobile home owner and any tenant of the mobile home owner whose identity and address have been provided to the landlord written notice that the landlord is requesting a change in use before a unit of local government or that a change in use has been approved.

(3) Subject to the right to terminate in subsections (1)(d) through (1)(k), if the noncompliance described in subsections (1)(a) through (1)(c) is remediable by repairs, the payment of damages, or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate as a result of that noncompliance.

(4) For purposes of calculating the total number of notices given within a 12-month period under subsection (1)(d), only one notice for each violation per month may be included in the calculation.
Mont. Code Ann. § 70-32-103 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-103
70-32-103 From whose property homestead may be selected -- revocable trust disregarded
Status: in_force

70-32-103 . From whose property homestead may be selected -- revocable trust disregarded. (1) If the claimant is married, the homestead may be selected from the property of either spouse. When the claimant is not married, the homestead may be selected from any of the claimant's property.

(2) A homestead may be selected from property contributed by the settlor to a revocable trust when the property would otherwise qualify under this chapter if it were not for the transfer of property to the revocable trust. For the purpose of this chapter, the claimant is the husband, wife, or unmarried person that is the settlor of the revocable trust. All provisions of this chapter apply to the settlor claimant in the same manner as an individual claimant, regardless of trust status.

(3) For the purposes of this section, "revocable" and "settlor" have the same meaning as provided in 72-38-103 .
Mont. Code Ann. § 70-23-404 — MT Code / Title 70 / Chapter 23 / Part 4 / Section 70-23-404
70-23-404 Common elements -- undivided interest to remain attached to unit
Status: in_force

70-23-404 . Common elements -- undivided interest to remain attached to unit. The undivided interest in the common elements shall not be separated from the unit to which it appertains and shall be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
Mont. Code Ann. § 70-15-303 — MT Code / Title 70 / Chapter 15 / Part 3 / Section 70-15-303
70-15-303 Married persons -- execution
Status: in_force

70-15-303 . Married persons -- execution. A married person may execute a power during marriage without the concurrence of the spouse unless otherwise prescribed by the terms of the power.
Mont. Code Ann. § 70-21-303 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-303
70-21-303 After-acquired interest -- effect on notice
Status: in_force

70-21-303 . After-acquired interest -- effect on notice. Further, every conveyance and/or encumbrance of real property acknowledged or proved and certified and recorded as prescribed by law and which is executed by one who thereafter acquires an interest in the real property by a conveyance which said conveyance is constructive notice as aforesaid is, from the time such latter conveyance is filed with the county clerk for record, constructive notice of the contents of such earlier conveyance and/or encumbrance to subsequent takers, purchasers, mortgagees, or other encumbrancers or transferees.
Mont. Code Ann. § 70-29-219 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-219
70-29-219 Expenses of referees and surveyor
Status: in_force

70-29-219 . Expenses of referees and surveyor. The expenses of the referees, including those of a surveyor and the surveyor's assistants, when employed, must be ascertained and allowed by the court, and the amount of those expenses, together with the fees allowed by the court in its discretion to the referees, must be apportioned among the different parties to the action equitably.
Mont. Code Ann. § 70-6-206 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-206
70-6-206 Duty of depositary of animals
Status: in_force

70-6-206 . Duty of depositary of animals. A depositary of living animals must provide them with suitable food and shelter and treat them kindly.
Mont. Code Ann. § 70-29-404 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-404
70-29-404 Service -- notice by posting
Status: in_force

70-29-404 . Service -- notice by posting. (1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.

(2) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Mont. Code Ann. § 70-15-210 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-210
70-15-210 Reversion
Status: in_force

70-15-210 . Reversion. A reversion is the residue of an estate left by operation of law in the grantor or the grantor's successors or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised.
Mont. Code Ann. § 70-21-205 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-205
70-21-205 Acknowledgment unnecessary for recording judgments
Status: in_force

70-21-205 . Acknowledgment unnecessary for recording judgments. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered, may be recorded without acknowledgment or further proof.
Mont. Code Ann. § 70-17-101 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-101
70-17-101 Servitudes attached to land
Status: in_force

70-17-101 . Servitudes attached to land. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements:

(1) the right of pasture;

(2) the right of fishing;

(3) the right of taking game;

(4) the right-of-way;

(5) the right of taking water, wood, minerals, and other things;

(6) the right of transacting business upon land;

(7) the right of conducting lawful sports upon land;

(8) the right of receiving air, light, or heat from or over or discharging the same upon or over land;

(9) the right of receiving water from or discharging the same upon land;

(10) the right of flooding land;

(11) the right of having water flow without diminution or disturbance of any kind;

(12) the right of using a wall as a party wall;

(13) the right of receiving more than natural support from adjacent land or things affixed thereto;

(14) the right of having the whole of a division fence maintained by a coterminous owner;

(15) the right of having public conveyances stopped or of stopping the same on land;

(16) the right of a seat in church;

(17) the right of burial;

(18) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land;

(19) the right of receiving sunlight or wind for recognized nonfossil forms of energy generation; and

(20) the right of using land adjacent to a firearms shooting range as a range safety zone.
Mont. Code Ann. § 70-27-206 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-206
70-27-206 Treble damages
Status: in_force

70-27-206 . Treble damages. If a person recovers damages for a forcible or unlawful entry in or upon or detention of any building or cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.
Mont. Code Ann. § 70-29-203 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-203
70-29-203 Determination of title required before judgment of sale
Status: in_force

70-29-203 . Determination of title required before judgment of sale. When a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment of sale can be made, and where service of the summons has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered, except where there are several unknown parties having an interest in the property, their rights may be considered together in the action and not as between themselves.
Mont. Code Ann. § 70-4-102 — MT Code / Title 70 / Chapter 4 / Part 1 / Section 70-4-102
70-4-102 Uniting several things -- to whom whole belongs
Status: in_force

70-4-102 . Uniting several things -- to whom whole belongs. When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing that forms the principal part. However, that person shall reimburse the value of the residue to the other owner or surrender the whole to the other owner.
Mont. Code Ann. § 70-6-210 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-210
70-6-210 Depositor to indemnify depositary -- damage -- expenses
Status: in_force

70-6-210 . Depositor to indemnify depositary -- damage -- expenses. A depositor shall indemnify the depositary for:

(1) all damage caused to the depositary by the defects or vices of the thing deposited; and

(2) all expenses necessarily incurred by the depositary about the thing, other than expenses involved in the nature of the undertaking.
Mont. Code Ann. § 70-27-202 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-202
70-27-202 Actions in justice's court to be tried within 10 days
Status: in_force

70-27-202 . Actions in justice's court to be tried within 10 days. (1) Actions filed in justice's court under this chapter shall be tried within 10 days after the appearance or answer date stated in the summons unless the defendant applying for a continuance shall give an undertaking to the adverse party with good and sufficient security to be approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment be rendered against the defendant.

(2) The plaintiff and defendant may stipulate to a continuance of the trial beyond the limit of this section without the necessity of an undertaking.
Mont. Code Ann. § 70-1-421 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-421
70-1-421 Future interest subject to defeat -- how -- not void
Status: in_force

70-1-421 . Future interest subject to defeat -- how -- not void. A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof, nor is the future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.
Mont. Code Ann. § 70-6-209 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-209
70-6-209 Notice to true owner of thing wrongfully detained
Status: in_force

70-6-209 . Notice to true owner of thing wrongfully detained. A depositary who believes that a thing deposited with the depositary is wrongfully detained from its true owner may give the owner notice of the deposit, and if within a reasonable time afterwards the owner does not claim it and sufficiently establish a right to the thing and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom the depositary gave the notice upon returning the thing to the depositor or assuming, in good faith, a new obligation changing the depositary's position in respect to the thing to the depositary's prejudice.
Mont. Code Ann. § 70-1-305 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-305
70-1-305 Ownership by single person
Status: in_force

70-1-305 . Ownership by single person. The ownership of property by a single person is designated as a sole or several ownership.
Mont. Code Ann. § 70-15-103 — MT Code / Title 70 / Chapter 15 / Part 1 / Section 70-15-103
70-15-103 Fixture defined
Status: in_force

70-15-103 . Fixture defined. A thing is deemed to be affixed to land when it is:

(1) attached to it by roots, as in the case of trees, vines, or shrubs;

(2) imbedded in it, as in the case of walls;

(3) permanently resting upon it, as in the case of buildings; or

(4) permanently attached to what is thus permanent as by means of cement, plaster, nails, bolts, or screws.
Mont. Code Ann. § 70-6-103 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-103
70-6-103 Involuntary deposit -- how made
Status: in_force

70-6-103 . Involuntary deposit -- how made. An involuntary deposit is made:

(1) by the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of the owner; or

(2) in cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it out of necessity to the care of any person.
Mont. Code Ann. § 70-30-103 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-103
70-30-103 What property may be taken
Status: in_force

70-30-103 . What property may be taken. (1) The property that may be taken under this chapter includes:

(a) all real property belonging to any person;

(b) land that belongs to this state or to any county, city, or town and that is not appropriated to some public use;

(c) property appropriated to a public use, but the property may not be taken unless for a more necessary public use than that to which it has already been appropriated;

(d) franchises for roads, bridges, and ferries and all other franchises; but the franchises may not be taken unless for free highways, free bridges, railroads, or another more necessary public use; or

(e) a right-of-way for any public use mentioned in 70-30-102 and any structures and improvements on the right-of-way. The land held and used in connection with the right-of-way must be subject to being connected with, crossed, or intersected by any other right-of-way improvements or structures on the right-of-way. The improvements or structures must also be subject to a limited use in common with the owner of the improvements or structures when necessary. However, the uses, crossings, intersections, and connections must be made in the manner that is most compatible with the greatest public benefit and least private injury.

(2) All classes of private property not enumerated may be taken for public use when the taking is authorized by law.
Mont. Code Ann. § 70-20-104 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-104
70-20-104 Words of inheritance unnecessary
Status: in_force

70-20-104 . Words of inheritance unnecessary. Words of inheritance or succession are not requisite to transfer a fee in real property.
Mont. Code Ann. § 70-32-105 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-105
70-32-105 Mode of selection -- declaration required
Status: in_force

70-32-105 . Mode of selection -- declaration required. The person selecting a homestead must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead and file the same for record.
Mont. Code Ann. § 70-3-104 — MT Code / Title 70 / Chapter 3 / Part 1 / Section 70-3-104
70-3-104 Unsolicited goods considered gift
Status: in_force

70-3-104 . Unsolicited goods considered gift. Unless otherwise agreed, when unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or if the goods are delivered, the person is not bound to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recipient, they must be considered a gift, and the recipient may use or dispose of them in any manner without obligation to the sender.
Mont. Code Ann. § 70-1-325 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-325
70-1-325 Two or more alternative future interests
Status: in_force

70-1-325 . Two or more alternative future interests. Two or more future interests may be created to take effect in the alternative so that if the first in order fails to vest, the next in succession shall be substituted for it and take effect accordingly.
Mont. Code Ann. § 70-25-206 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-206
70-25-206 Landlord to furnish statement of condition of premises at beginning of lease
Status: in_force

70-25-206 . Landlord to furnish statement of condition of premises at beginning of lease. (1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant.

(2) Each written statement of the present condition of a premises intended to be let shall contain at least the following:

(a) a clear and concise statement of the present condition of the premises known to the landlord or the landlord's agent or which should have been known upon reasonable inspection;

(b) if the premises have never previously been let, a statement indicating the fact; and

(c) the signature of the landlord or the landlord's agent.

(3) A person engaged in the rental of property for residential purposes who fails to furnish a tenant, in conjunction with the execution of the lease or creation of the tenancy, with a separate written statement of the present condition of the premises intended to be let and, upon the written request of the tenant, a written list of damage and cleaning charges provided to the tenant of the immediately preceding leasehold agreement is barred from recovering any sum for damage to or cleaning of the leasehold premises unless the person can establish by clear and convincing evidence that the damage occurred during the tenancy in question and was caused by the tenant occupying the leasehold premises or the tenant's family, licensees, or invitees.
Mont. Code Ann. § 70-33-402 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-402
70-33-402 Prohibited provisions -- damages
Status: in_force

70-33-402 . Prohibited provisions -- damages. (1) A provision prohibited by 70-33-202 that is included in a rental agreement is unenforceable.

(2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months' rent.
Mont. Code Ann. § 70-30-305 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-305
70-30-305 Condemnor to make offer upon appeal -- award of expenses of litigation
Status: in_force

70-30-305 . Condemnor to make offer upon appeal -- award of expenses of litigation. (1) The condemnor shall, within 30 days after an appeal is perfected from the condemnation commissioner's award or report or not more than 60 days after the waiver of appointment of commissioners, submit to the condemnee a written final offer of judgment for the property sought to be taken, together with the accrued necessary expenses of the condemnee. If at any time prior to 10 days before trial the condemnee serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service of the acceptance, and judgment must be entered. An offer not accepted is considered withdrawn and evidence of the offer is not admissible at the trial except in a proceeding to determine costs. The fact that an offer is made but not accepted does not preclude a subsequent offer.

(2) In the event of litigation and when the condemnee prevails either by the court not allowing condemnation or by the condemnee receiving an award in excess of the final written offer of the condemnor that was rejected pursuant to the facts necessary in 70-30-111 (1)(d), the court shall award necessary expenses of litigation to the condemnee.
Mont. Code Ann. § 70-15-202 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-202
70-15-202 Enumeration of estates
Status: in_force

70-15-202 . Enumeration of estates. Estates in real property, in respect to the duration of their enjoyment, are either:

(1) estates of inheritance or perpetual estates;

(2) estates for life;

(3) estates for years;

(4) estates from year to year, quarter to quarter, month to month, week to week, day to day, and for other indefinite and unascertained durations of enjoyment whatsoever, except estates or tenancies at will; or

(5) estates at will.
Mont. Code Ann. § 70-1-518 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-518
70-1-518 Meaning of heirs and issue in certain remainders
Status: in_force

70-1-518 . Meaning of heirs and issue in certain remainders. When a future interest is limited by a grant to take effect on the death of any person without heirs or heirs of the person's body or without issue or in equivalent words, the words must be taken to mean successors or issue living at the death of the person named as ancestor.
Mont. Code Ann. § 70-33-408 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-408
70-33-408 Unlawful or unreasonable entry by landlord -- tenant's remedies
Status: in_force

70-33-408 . Unlawful or unreasonable entry by landlord -- tenant's remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but has the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.
Mont. Code Ann. § 70-21-101 — MT Code / Title 70 / Chapter 21 / Part 1 / Section 70-21-101
70-21-101 Instrument defined -- abstract
Status: in_force

70-21-101 . Instrument defined -- abstract. For the purposes of Title 1, chapter 5; part 2 of this chapter; and 70-21-310 , the word instrument includes an abstract of an instrument that must be executed and acknowledged or proved by all parties executing the abstracted document and contains:

(1) the names and addresses of the parties to the instrument;

(2) a description of the real property affected;

(3) a statement that this is an abstract of another document;

(4) a short statement of the effect of the document abstracted;

(5) the name and address of the person who will provide a full and complete copy of the document abstracted, without cost, upon request of any person.
Mont. Code Ann. § 70-33-409 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-409
70-33-409 Unlawful ouster, exclusion, or diminution of services -- tenant's remedies
Status: in_force

70-33-409 . Unlawful ouster, exclusion, or diminution of services -- tenant's remedies. (1) If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount of not more than 3 months' periodic rent or treble damages, whichever is greater.

(2) If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to Title 70, chapter 25, and any prepaid rent.
Mont. Code Ann. § 70-21-202 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-202
70-21-202 Certain transfers in trust -- mortgages -- when to be recorded
Status: in_force

70-21-202 . Certain transfers in trust -- mortgages -- when to be recorded. Transfers of property in trust for the benefit of creditors and transfers or liens on property by way of mortgage or abstract of such document are required to be recorded in the cases specified in Title 31, chapter 2, on the special relation of debtor and creditor and Title 71 on mortgages, respectively.
Mont. Code Ann. § 70-16-701 — MT Code / Title 70 / Chapter 16 / Part 7 / Section 70-16-701
70-16-701 Short title
Status: in_force

70-16-701 . Short title. This part may be cited as the "Montana Mold Disclosure Act".
Mont. Code Ann. § 70-5-107 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-107
70-5-107 Exoneration of owner by surrender of thing to finder
Status: in_force

70-5-107 . Exoneration of owner by surrender of thing to finder. The owner of a thing found may be exonerated from the claims of the finder by surrendering it to the finder in satisfaction of the claims.
Mont. Code Ann. § 70-21-301 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-301
70-21-301 Conveyance defined
Status: in_force

70-21-301 . Conveyance defined. The term "conveyance", as used in 70-21-302 through 70-21-304 , embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to real property may be affected, except wills.
Mont. Code Ann. § 70-1-202 — MT Code / Title 70 / Chapter 1 / Part 2 / Section 70-1-202
70-1-202 Property of the state -- what included
Status: in_force

70-1-202 . Property of the state -- what included. The state is the owner of:

(1) all land below the water of a navigable lake or stream;

(2) all property lawfully appropriated by it to its own use;

(3) all property dedicated or granted to the state; and

(4) all property of which there is no other owner.
Mont. Code Ann. § 70-15-206 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-206
70-15-206 Freehold estates -- chattels real -- chattel interests
Status: in_force

70-15-206 . Freehold estates -- chattels real -- chattel interests. Estates of inheritance and for life are called estates of freehold; estates for years and estates embraced by the provisions of 70-15-202 (4) are chattels real; and estates at will are chattel interests but are not liable as such to sale on execution.
Mont. Code Ann. § 70-24-312 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-312
70-24-312 Access to premises by landlord
Status: in_force

70-24-312 . Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) A landlord may enter the dwelling unit without consent of the tenant in the case of an emergency.

(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in the case of an emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.

(b) For the purposes of this subsection (3), in addition to the provisions of 70-24-108 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.

(4) A landlord has no other right of access except:

(a) pursuant to court order;

(b) as permitted by 70-24-425 and 70-24-426 (2); or

(c) when the tenant has abandoned or surrendered the premises.

(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
Mont. Code Ann. § 70-17-203 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-203
70-17-203 Covenants that run with land
Status: in_force

70-17-203 . Covenants that run with land. (1) Except as provided in 70-1-522 and 70-17-212 , every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land.

(2) Subsection (1) includes:

(a) covenants of warranty, for quiet enjoyment, or for further assurance on the part of the grantor and covenants for the payment of rent or of taxes or assessments upon the land on the part of a grantee;

(b) conservation easements pursuant to 76-6-209 ;

(c) a dedication of open space as provided in 76-3-509 ; and

(d) wind easements pursuant to Title 70, chapter 17, part 4.

(3) A covenant for the addition of some new thing to real property or for the direct benefit of some part of the property not then in existence or annexed to the property, when contained in a grant of an estate in the property and made by the covenantor expressly for the covenantor's assigns or to the assigns of the covenantee, runs with the land so far as the assigns mentioned are concerned.
Mont. Code Ann. § 70-33-425 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-425
70-33-425 Tenant's failure to maintain lot -- landlord's right to enter and repair
Status: in_force

70-33-425 . Tenant's failure to maintain lot -- landlord's right to enter and repair. If there is noncompliance by the tenant with 70-33-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy the breach within that period of time, the landlord may enter the lot and cause the work to be done in a competent manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value of the work as rent on the next date rent is due or, if the rental agreement has terminated, for immediate payment.
Mont. Code Ann. § 70-25-103 — MT Code / Title 70 / Chapter 25 / Part 1 / Section 70-25-103
70-25-103 Waivers and contrary provisions invalid
Status: in_force

70-25-103 . Waivers and contrary provisions invalid. Any provision of a leasehold agreement, either oral or written, that is contrary to this chapter is invalid. Any attempted waiver of this chapter by the tenant is invalid.
Mont. Code Ann. § 70-20-302 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-302
70-20-302 After-acquired title to pass by operation of law
Status: in_force

70-20-302 . After-acquired title to pass by operation of law. When a person purports by proper instrument to grant real property in fee simple and subsequently acquires any title or claim of title to the real property, the real property passes by operation of law to the grantee or the grantee's successors.
Mont. Code Ann. § 70-17-404 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-404
70-17-404 Severance of wind energy rights limited
Status: in_force

70-17-404 . Severance of wind energy rights limited. (1) A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pursuant to this part.

(2) Nothing in this section may be construed to prohibit or limit the right of a seller of the real property to retain any payments associated with an existing wind option agreement or wind energy agreement.
Mont. Code Ann. § 70-16-110 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-110
70-16-110 Requirements for entry on real property by agent of homeowners' association -- exceptions
Status: in_force

70-16-110 . Requirements for entry on real property by agent of homeowners' association -- exceptions. (1) (a) A homeowners' association must receive permission from an owner of real property before an agent of the homeowners' association may enter the property.

(b) When seeking permission for an agent of the homeowners' association to enter the property, the homeowners' association shall:

(i) seek to establish a date and time to enter the property that is convenient to the owner; and

(ii) specify what part of the property the agent of the homeowners' association seeks to access.

(2) An owner of real property may require that the owner or the owner's agent be present when an agent of the homeowners' association enters the property.

(3) This section does not affect any implied license an agent of a homeowners' association has as a member of the public to access the areas of real property generally open to the public, such as sidewalks, front pathways, or the front door of a house.

(4) As used in this section, "homeowners' association" means an association of all the owners of real property within a geographic area defined by physical boundaries that:

(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.

(5) This section does not apply to condominiums where there are common elements that must be accessed by entering the unit and for which the declaration of covenants or bylaws set forth the terms of accessing the unit.

(6) This section does not apply to easements of record that specifically benefit the homeowners' association.
Mont. Code Ann. § 70-27-210 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-210
70-27-210 Relief against forfeiture of lease in case of hardship
Status: in_force

70-27-210 . Relief against forfeiture of lease in case of hardship. (1) The court may relieve a tenant against a forfeiture of a lease and restore the tenant to the tenant's former estate in the case of hardship when application for relief is made within 30 days after the forfeiture is declared by the judgment of the court, as provided in 70-27-205 .

(2) The application may be made by a tenant or subtenant or mortgagee of the term or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which relief is sought, and must be verified by the applicant.

(3) Notice of the application with a copy of the petition must be served on the plaintiff in the judgment, who may appear and contest the application.

(4) The application may not be granted except on condition that full payment of rent due or full performance of conditions or covenants stipulated, as far as is practicable, is made.
Mont. Code Ann. § 70-6-502 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-502
70-6-502 No liability without negligence
Status: in_force

70-6-502 . No liability without negligence. A hotelkeeper or innkeeper is not liable to any guest for the loss of wearing apparel, goods, or personal effects when it appears that the loss occurred without the fault or negligence of the hotelkeeper or the innkeeper or the hotelkeeper's or innkeeper's employees.
Mont. Code Ann. § 70-20-109 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-109
70-20-109 Change of owner's name after acquisition -- later conveyance to include former name
Status: in_force

70-20-109 . Change of owner's name after acquisition -- later conveyance to include former name. A person in whom the title of real estate is vested, who afterwards from any cause has the person's name changed, shall, in any conveyances of the real estate, set forth the name in which the person derived title to the real estate, and a failure to comply with the provisions of this section subjects the person to a penalty of $50, to be collected by the county attorney of the county in which the real estate is situated and paid by the person into the treasury of the county for the benefit of the common schools of the county.
Mont. Code Ann. § 70-29-311 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-311
70-29-311 Conveyances to be recorded -- bar against parties
Status: in_force

70-29-311 . Conveyances to be recorded -- bar against parties. The conveyances must be recorded in the county where the premises are situated and shall be a bar against all persons interested in the property in any way who shall have been named as parties in the action and against all such parties and persons as were unknown, if the summons was served by publication, and against all persons claiming under them or either of them and against all persons having unrecorded deeds or liens at the commencement of the action.
Mont. Code Ann. § 70-19-302 — MT Code / Title 70 / Chapter 19 / Part 3 / Section 70-19-302
70-19-302 Statute of limitations for state actions concerning real property
Status: in_force

70-19-302 . Statute of limitations for state actions concerning real property. The state will not sue any person for or in respect to any real property or the issues or profits thereof by reason of the right or title of the state to the same unless:

(1) such right or title shall have accrued within 10 years before any action or other proceeding for the same is commenced; or

(2) the state or those from whom it claims shall have received the rents and profits of such real property or of some part thereof within the space of 10 years.
Mont. Code Ann. § 70-23-308 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-308
70-23-308 Contents of bylaws
Status: in_force

70-23-308 . Contents of bylaws. Subject to 70-1-522 , the bylaws must provide for:

(1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors expire annually, the powers and duties of the board, the compensation, if any, of the directors, the method of removal from office of the directors, and whether or not the board may engage the services of a manager or managing agent;

(2) the method of calling meetings of the unit owners and the percentage, if other than a majority as defined by 70-23-102 , that constitutes a quorum;

(3) the election of a presiding officer, a secretary, and a treasurer;

(4) the maintenance, upkeep, and repair of the common elements and payment for those expenses, including the method of approving payment vouchers;

(5) the employment of personnel necessary for the maintenance, upkeep, and repair of the common elements;

(6) the manner of collecting from the unit owners their share of the common expenses;

(7) the method of adopting and of amending administrative rules governing the details of the operation and use of the common elements;

(8) restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not included in the declaration, as are designed to prevent unreasonable interference with the use of the unit owners' respective units and of the common elements by the several unit owners;

(9) the method of amending the bylaws subject to 70-23-307 .
Mont. Code Ann. § 70-9-808 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-808
70-9-808 Report of abandoned property
Status: in_force

70-9-808 . Report of abandoned property. (1) A holder of property presumed abandoned shall make a report to the administrator concerning the property.

(2) The report must be verified and must contain:

(a) a description of the property;

(b) except with respect to a traveler's check or money order, the name, if known, and last-known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of $50 or more;

(c) an aggregated amount of items valued under $50 each;

(d) in the case of an amount of $50 or more held or owing under an annuity or a life or endowment insurance policy, the full name and last-known address of the annuitant or insured and of the beneficiary;

(e) in the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator and any amounts owing to the holder;

(f) the date, if any, on which the property became payable, demandable, or returnable and the date of the last transaction with the apparent owner with respect to the property; and

(g) other information that the administrator by rule prescribes as necessary for the administration of this part, including personal information as defined in 70-9-802 about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law.

(3) If a holder of property presumed abandoned is a successor to another person that previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.

(4) The report must be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year, but a report with respect to a life insurance company must be filed before May 1 of each year for the calendar year next preceding.

(5) The holder of property that is presumed abandoned shall send written notice to the apparent owner, not more than 120 days or less than 60 days before filing the report, stating that the holder is in possession of property subject to this part if:

(a) the holder has in its records an address for the apparent owner that the holder's records do not disclose to be inaccurate;

(b) the claim of the apparent owner is not barred by a statute of limitations; and

(c) the value of the property is $50 or more.

(6) (a) If an apparent owner has consented to receive electronic mail delivery from the holder, the holder shall send the notice described in this subsection (6) by either first-class United States mail to the apparent owner's last-known mailing address or by electronic mail, unless the holder believes that the apparent owner's electronic mail address is invalid.

(b) Notice under this subsection (6) must contain a heading that reads substantially as follows: Notice. The State of Montana requires us to notify you that your property may be transferred to the custody of the Unclaimed Property Program of the Montana Department of Revenue if you do not contact us within 30 days of this notice.

(c) The notice must additionally:

(i) identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice;

(ii) state that the property will be turned over to the administrator;

(iii) state that after the property is turned over to the administrator an apparent owner who seeks return of the property must file a claim with the administrator;

(iv) state that property that is not legal tender of the United States may be sold by the administrator; and

(v) provide instructions that the apparent owner shall follow to prevent the holder from reporting and paying or delivering the property to the administrator.

(7) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.

(8) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (5).
Mont. Code Ann. § 70-22-107 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-107
70-22-107 Form and contents of record -- board to prescribe
Status: in_force

70-22-107 . Form and contents of record -- board to prescribe. The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record, and the board shall prescribe the form in which such corner record shall be presented and filed.
Mont. Code Ann. § 70-33-407 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-407
70-33-407 Fire or casualty damage -- rights and obligations of tenant
Status: in_force

70-33-407 . Fire or casualty damage -- rights and obligations of tenant. (1) (a) If the lot or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the lot is substantially impaired, the tenant may immediately vacate the premises and notify the landlord in writing within 14 days of vacating the premises that it is the tenant's intention to terminate the rental agreement.

(b) If the tenant complies with the provisions of subsection (1)(a), the rental agreement terminates as of the date the tenant vacates the premises.

(2) If the rental agreement is terminated pursuant to subsection (1), the landlord shall return any prepaid rent and all security recoverable pursuant to Title 70, chapter 25. Accounting or apportionment for rent in the event of termination must be made as of the date of the fire or casualty.

(3) If the tenant's mobile home is damaged or destroyed by fire or casualty to an extent that enjoyment of the mobile home is substantially impaired and 70-33-430 does not apply, it is the obligation of the mobile home owner to remove the mobile home from the lot within 30 days of the damage or destruction.

(4) All terms and conditions of the rental agreement remain in effect until the mobile home is removed from the premises and all required cleanup is completed.
Mont. Code Ann. § 70-6-607 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-607
70-6-607 Renter default -- personal property sale
Status: in_force

70-6-607 . Renter default -- personal property sale. (1) If a renter is in default for a period of more than 60 days, the operator may enforce the lien provided in 70-6-605 by selling the renter's stored personal property at a commercially reasonable sale. Personal property may be sold:

(a) as a unit or in parcels; or

(b) by way of one or more contracts.

(2) The operator may otherwise dispose of property that has no commercial value.

(3) Before conducting a sale under this section, the operator shall:

(a) at least 30 days before the sale, send notice of default to the renter. The notice of default must include:

(i) a statement that the contents of the renter's leased space are subject to the operator's lien;

(ii) a statement of the operator's claim, indicating the charges due on the date of the notice and that additional charges shall continue to accrue and become due;

(iii) a demand for payment of the charges due and a deadline for payment;

(iv) a statement that unless the claim is paid before the deadline, the contents of the renter's leased space will be sold or otherwise disposed of after a specified time; and

(v) the name, street address, and telephone number of the operator or a designated agent that the renter may contact to respond to the notice.

(b) at least 7 days before the sale, notify by verified mail or electronic mail, if provided by the renter, the date, time, and location of the sale;

(c) at least 7 days before the sale, advertise the time, place, and terms of the sale in a newspaper of general circulation in the county where the sale is to be held. Alternatively, the operator may advertise the sale in any other commercially reasonable manner. The manner of advertisement is commercially reasonable if the sale is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method at the time and place advertised.

(4) If the personal property subject to the operator's lien is titled, registered, or owned by public record and if charges or rent remain unpaid for 60 days, the operator may have the personal property removed from the self-storage facility by a professional transfer or tow truck company, including but not limited to motor vehicles, watercraft, aircraft, and trailers. The operator is not liable for any damage to personal property under this subsection after the professional transfer or tow truck company takes possession of the property.

(5) At any time before a sale is held under this section or before a vehicle, watercraft, aircraft, or trailer is removed under this section, the renter may pay the amount necessary to satisfy the lien and access the renter's personal property.

(6) If a sale is held under this section, the operator shall:

(a) satisfy the lien with the proceeds of the sale; and

(b) send a check of the net proceeds to the renter at the renter's last-known address or to any other recorded lienholder. The operator is not liable to any party for excess proceeds paid to the renter. If the check has not been cashed after 1 year, any remaining proceeds are considered abandoned property and must be reported and paid to the department of revenue in accordance with the Uniform Unclaimed Property Act in Title 70, chapter 9, part 8.

(7) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien granted in 70-6-605 takes the property free and clear of any rights of persons against whom the lien was valid, despite noncompliance by the operator with the requirements of this part.

(8) Notices to the renter under subsection (3) must be sent to the renter's last-known address by verified mail or electronic mail, if provided by the renter. Notices sent by verified mail are considered delivered when postmarked and properly addressed with postage paid. Notices sent by electronic mail are considered delivered on the date the electronic mail is sent to the last-known address provided by the renter.

(9) If the operator complies with the requirements of this section, the operator's liability:

(a) to the renter is limited to the net proceeds received from the sale of the renter's personal property until the proceeds escheat to the state according to subsection (6)(b); and

(b) to other lienholders is limited to the net proceeds received from the sale of any personal property covered by the other lienholder's lien property until the proceeds escheat to the state according to subsection (6)(b).
Mont. Code Ann. § 70-24-305 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-305
70-24-305 Transfer of premises by tenant
Status: in_force

70-24-305 . Transfer of premises by tenant. A tenant who vacates a dwelling unit during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing.
Mont. Code Ann. § 70-29-218 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-218
70-29-218 Costs of partition -- apportionment among parties -- lien
Status: in_force

70-29-218 . Costs of partition -- apportionment among parties -- lien. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, or other disbursements must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case, they shall be a lien on the several shares and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto or any of them.
Mont. Code Ann. § 70-9-502 — MT Code / Title 70 / Chapter 9 / Part 5 / Section 70-9-502
70-9-502 Disposition of surplus proceeds
Status: in_force

70-9-502 . Disposition of surplus proceeds. If any balance arising from the sale is not claimed by the rightful owner within 1 week from the day of the sale, the balance must be paid into the treasury of the county in which the sale took place, and if the balance is not claimed by the owner or the owner's legal representatives within 1 year after the sale, the balance must be paid into the general fund of the county.
Mont. Code Ann. § 70-24-425 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-425
70-24-425 Failure of tenant to maintain dwelling -- landlord's right to enter and repair
Status: in_force

70-24-425 . Failure of tenant to maintain dwelling -- landlord's right to enter and repair. If there is noncompliance by the tenant with 70-24-321 affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value thereof as rent on the next date periodic rent is due or, if the rental agreement has terminated, for immediate payment.
Mont. Code Ann. § 70-27-108 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-108
70-27-108 Unlawful detainer defined
Status: in_force

70-27-108 . Unlawful detainer defined. A tenant of real property or a mining claim for a term less than life is guilty of unlawful detainer:

(1) when the tenant continues in possession, in person or by subtenant, of the property or any part of the property after the expiration of the term for which it is let to the tenant without the permission of the landlord or the successor in estate of the landlord, if any, but in case of a tenancy at will, it must first be terminated by notice, as prescribed in 70-27-104 ;

(2) when the tenant continues in possession, in person or by subtenant, without permission of the landlord or the successor in estate of the landlord, if any, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and 3 days' notice in writing requiring its payment, stating the amount that is due, or possession of the property has been served upon the tenant and, if there is a subtenant in actual occupation of the premises, also upon the subtenant. The notice may be served at any time within 1 year after the rent becomes due. In all cases of tenancy upon agricultural lands when the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if any, the tenant is considered to be holding by permission of the landlord or the successor in estate of the landlord and is entitled to hold under the terms of the lease for another full year and may not be guilty of an unlawful detainer during the year, and the holding over must be taken and construed as a consent on the part of a tenant to hold for another year.

(3) when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, other than for the payment of rent, and 3 days' notice in writing requiring the performance of conditions or covenants or the possession of the property has been served upon the tenant and, if there is a subtenant in actual occupation of the premises, also upon the subtenant. Within 3 days after the serving of the notice, the tenant or any subtenant in actual occupation of the premises or any mortgagee of the term or other person interested in its continuance may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and save the lease from forfeiture. If the covenants and conditions of the lease violated by the lessee cannot afterward be performed, then notice, as prescribed in this subsection, need not be given to the lessee or the subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter to obtain possession of the premises let to an undertenant in case of the undertenant's unlawful detention of the premises. Any tenant or subtenant assigning or subletting or committing waste upon the demised premises contrary to the covenants of the lease thereby terminates the lease, and the landlord or the landlord's successor in estate, upon service of 3 days' notice to quit upon the person or persons in possession, is entitled to restitution of possession of the demised premises under the provisions of this chapter.
Mont. Code Ann. § 70-29-324 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-324
70-29-324 Continuation of action when proceeds paid into court
Status: in_force

70-29-324 . Continuation of action when proceeds paid into court. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action and who are known are paid into the court, the action may continue as between such parties for the determination of their respective claims thereto which must be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy by pleadings, as in an original action.
Mont. Code Ann. § 70-30-203 — MT Code / Title 70 / Chapter 30 / Part 2 / Section 70-30-203
70-30-203 Contents of complaint
Status: in_force

70-30-203 . Contents of complaint. (1) The complaint for condemnation must contain:

(a) the name of the corporation, association, commission, or person in charge of the public use for which the property is sought to be taken, who is the plaintiff;

(b) the names of all owners, purchasers under contracts for deed, mortgagees, and lienholders of record and any other claimants of record of the property sought to be taken, if known, or a statement that they are unknown, who are the defendants;

(c) a statement of the right of the plaintiff to take the property for public use;

(d) statements of each of the facts necessary to be found in 70-30-111 (1);

(e) a description of each interest in real property sought to be taken, a statement of whether the property sought to be taken includes the whole or only a part of the entire parcel or tract, and a statement that the interest sought is the minimum necessary interest. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.

(f) a statement of the condemnor's claim of appropriate payment for damages to the property proposed to be taken as well as to any remaining parcel of property. The condemnor's claim of appropriate payment for damages must be the same amount as the final written offer that was rejected pursuant to the facts necessary in 70-30-111 (1)(d).

(2) In addition to the items listed in subsection (1), a copy of the current publication produced by the environmental quality council entitled "Eminent Domain In Montana" must be attached to the complaint as an exhibit.

(3) If a right-of-way is sought, in addition to the items listed in subsection (1), the complaint must show the location, general route, and termini and must be accompanied with a map of the route, so far as the route is involved in the action or proceeding.

(4) (a) If a sand, stratum, or formation suitable for use as an underground natural gas storage reservoir is sought to be taken, in addition to the items listed in subsection (1), the complaint must include a description of the reservoir and of the land in which the reservoir is alleged to be contained and a description of all other property and rights sought to be taken for use in connection with the right to store natural gas in and withdraw natural gas from the reservoir.

(b) In addition, the complaint must state facts showing that:

(i) the reservoir is subject to being taken by the plaintiff;

(ii) the underground storage of natural gas in the land sought to be taken is in the public interest;

(iii) the reservoir is suitable and practicable for natural gas storage;

(iv) the plaintiff in good faith has been unable to acquire the rights sought to be taken; and

(v) the rights and property sought to be taken are not prohibited by law from being taken.

(c) The complaint must be accompanied by a certificate from the board of oil and gas conservation as provided in 82-10-304 .
Mont. Code Ann. § 70-9-803 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-803
70-9-803 Presumptions of abandonment
Status: in_force

70-9-803 . Presumptions of abandonment. (1) Property is presumed abandoned if it is unclaimed by the apparent owner measured by the later of the latest indication of interest by the apparent owner in the property or during the time set forth below for the particular property:

(a) traveler's check, 15 years after issuance;

(b) money order, 7 years after issuance;

(c) debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 5 years after the date of the most recent interest payment that was unclaimed by the apparent owner;

(d) a payroll card, or a demand, savings, or time deposit, including a deposit that is automatically renewable, 5 years after the earlier of maturity or the date of the last indication by the owner of interest in the property; however, a deposit that is automatically renewable is considered matured upon its initial date of maturity unless the apparent owner consented in a record on file with the holder to renewal at or about the time of the renewal;

(e) money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;

(f) gift certificate, 3 years after December 31 of the year in which the certificate was sold, but if redeemable in merchandise only, the amount abandoned is considered to be 60% of the certificate's face value. A gift certificate is not presumed abandoned if the gift certificate was sold by a person who in the past fiscal year sold no more than $200,000 in gift certificates, which amount must be adjusted by November of each year by the inflation factor. The amount considered abandoned for a person who sells more than the amount that triggers presumption of abandonment is the value of gift certificates greater than that trigger.

(g) amount that is owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose or, in the case of a policy or annuity payable on proof of death, 3 years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based;

(h) property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;

(i) property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;

(j) property held by a court, government, governmental subdivision, agency, or instrumentality, 1 year after the property becomes distributable;

(k) wages or other compensation for personal services, 1 year after the compensation becomes payable;

(l) deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;

(m) property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty;

(n) a patronage refund owed to a member of a rural electric, natural gas, or telephone cooperative organized under Title 35, chapter 18, that is not used by the cooperative for educational purposes, 5 years after the distribution date;

(o) an unclaimed share in a cooperative that is not used for charitable or civic purposes in the community in which the cooperative is located, 5 years after the distribution date;

(p) a security, as provided in 70-9-830 ; and

(q) all other property, 5 years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

(2) At the time that an interest is presumed abandoned under subsection (1), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

(3) Property is payable or distributable for purposes of this part notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment.

(4) An indication of an apparent owner's interest in property includes:

(a) a record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;

(b) an oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or agent contemporaneously makes and preserves a record of the fact of the apparent owner's communication;

(c) presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association;

(d) activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;

(e) a deposit in or withdrawal from an account at a financial organization, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;

(f) subject to subsection (7), payment of a premium on an insurance policy;

(g) any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists.

(5) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner.

(6) A communication with an apparent owner by a person other than the holder or the holder's representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner's knowledge of a right to the property.

(7) If the insured dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic premium loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating.

(8) The presumption provided in subsection (1) does not apply to:

(a) unclaimed patronage refunds of a rural electric or telephone cooperative if the cooperative uses the refunds exclusively for educational purposes; or

(b) unclaimed shares in a nonutility cooperative if the cooperative uses the shares for charitable or civic purposes in the community in which the cooperative is located.

(9) As used in this section, "inflation factor" means a number determined for each tax year by dividing the consumer price index for June of the previous tax year by the consumer price index for June 2015.
Mont. Code Ann. § 70-15-212 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-212
70-15-212 Future and contingent estates -- how created
Status: in_force

70-15-212 . Future and contingent estates -- how created. Subject to the rules of parts 1, 3, and 4 of chapter 1, parts 1 and 2 of this chapter, and part 1 of chapter 17:

(1) a freehold estate, as well as a chattel real, may be created to commence at a future day;

(2) an estate for life may be created in a term of years and a remainder limited thereon;

(3) a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and

(4) a fee may be limited on a fee upon a contingency which, if it should occur, must happen within the period prescribed in this code.
Mont. Code Ann. § 70-20-401 — MT Code / Title 70 / Chapter 20 / Part 4 / Section 70-20-401
70-20-401 Instrument made with intent to defraud -- void
Status: in_force

70-20-401 . Instrument made with intent to defraud -- void. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof or encumbrancers thereon is void as against every purchaser or encumbrancer for value of the same property or the rents or profits thereof.
Mont. Code Ann. § 70-24-107 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-107
70-24-107 Territorial application
Status: in_force

70-24-107 . Territorial application. This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
Mont. Code Ann. § 70-29-205 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-205
70-29-205 Partition according to rights of parties -- roads
Status: in_force

70-29-205 . Partition according to rights of parties -- roads. (1) In making partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.

(2) Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the parties or sold but shall remain an open and public way, road, or street unless the referees shall set the same apart as a private way for the use of the parties interested or some of them, their heirs, and assigns, in which case it shall remain such private way. Whenever the referees have laid out on any tract of land roads sufficient, in the judgment of said referees, to accommodate the public and private wants, they shall report that fact to the court, and upon the confirmation of their report all other roads on said tract shall cease to be public highways.
Mont. Code Ann. § 70-16-204 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-204
70-16-204 Trees on or near boundary
Status: in_force

70-16-204 . Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

(2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.
Mont. Code Ann. § 70-29-112 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-112
70-29-112 Answer -- contents
Status: in_force

70-29-112 . Answer -- contents. The defendants who have been personally served with the summons and a copy of the complaint or who have appeared without such service must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they are deemed to have waived their right to such lien unless they state:

(1) the original amount and date of the same and the sum remaining due thereon;

(2) whether the same has been secured in any other way or not; and

(3) if secured, the nature and extent of such security.
Mont. Code Ann. § 70-19-407 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-407
70-19-407 Occupancy under claim founded on instrument or judgment -- when considered adverse
Status: in_force

70-19-407 . Occupancy under claim founded on instrument or judgment -- when considered adverse. When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the property in question or upon the decree or judgment of a competent court and that there has been a continued occupation and possession of the property included in the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other lot of the same tract.
Mont. Code Ann. § 70-29-202 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-202
70-29-202 Court to order sale or partition -- appointment of referees
Status: in_force

70-29-202 . Court to order sale or partition -- appointment of referees. (1) If it be alleged in the complaint and established by evidence or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court that the property or any part is so situated that the partition cannot be made without great prejudice to the owners, the court may order a sale thereof; otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court and appoint three referees therefor and must designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained.

(2) The court, with the consent of the parties, may appoint a single referee instead of three referees in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, has all the powers and may perform all the duties required of the three referees.
Mont. Code Ann. § 70-24-112 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-112
70-24-112 Application of security deposit laws
Status: in_force

70-24-112 . 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 Landlord and Tenant Act of 1977, the rights and duties of landlords and tenants, and the availability of remedies and judicial relief to landlords and tenants.
Mont. Code Ann. § 70-17-204 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-204
70-17-204 Who bound by covenant
Status: in_force

70-17-204 . Who bound by covenant. Except as provided in 70-1-522 , a covenant running with the land binds only those who acquire the whole estate of the covenantor in some part of the property.
Mont. Code Ann. § 70-6-608 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-608
70-6-608 Renter's rights
Status: in_force

70-6-608 . Renter's rights. Unless the rental agreement specifically provides otherwise and until a lien sale under 70-6-607 , the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the renter.
Mont. Code Ann. § 70-17-205 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-205
70-17-205 Nonliability for prior or subsequent breach
Status: in_force

70-17-205 . Nonliability for prior or subsequent breach. A person, merely by reason of having acquired an estate subject to a covenant running with the land, is not liable for a breach of the covenant before the person acquired the estate or after the person has parted with the estate or ceased to enjoy its benefits.
Mont. Code Ann. § 70-3-204 — MT Code / Title 70 / Chapter 3 / Part 2 / Section 70-3-204
70-3-204 Effect of will upon gift
Status: in_force

70-3-204 . Effect of will upon gift. A gift in view of death is not affected by a previous will or by a subsequent will unless it expresses intention to revoke the gift.
Mont. Code Ann. § 70-21-104 — MT Code / Title 70 / Chapter 21 / Part 1 / Section 70-21-104
70-21-104 Removal of records prohibited -- exceptions
Status: in_force

70-21-104 . Removal of records prohibited -- exceptions. The record of a conveyance of real property or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court or judge in cases where the inspection of the record is shown to be essential to the just determination of the cause or proceeding pending or where the court is held in the same building with such office.
Mont. Code Ann. § 70-27-117 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-117
70-27-117 Judgment by default
Status: in_force

70-27-117 . Judgment by default. If the defendant does not appear and defend within 10 days of service, the court shall enter the defendant's default and enter judgment in favor of the plaintiff as requested in the complaint.
Mont. Code Ann. § 70-32-301 — MT Code / Title 70 / Chapter 32 / Part 3 / Section 70-32-301
70-32-301 How conveyed or encumbered -- instrument
Status: in_force

70-32-301 . How conveyed or encumbered -- instrument. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife.
Mont. Code Ann. § 70-31-311 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-311
70-31-311 Relocation payments and assistance
Status: in_force

70-31-311 . Relocation payments and assistance. For any project that results in the displacement of a person from the person's home, business, or farm and for which federal financial assistance may be available to pay all or any part of the cost of displacement, an entity of the state or any public or private entity that has the authority to acquire property by eminent domain under Title 60, chapter 4, or Title 70, chapter 30, is authorized to provide relocation assistance and to make relocation payments to the full extent permitted by the federal relocation assistance law, 42 U.S.C. 4601, et seq., as amended. The entity is authorized to do what may be necessary or required to obtain for property owners the full benefit of federal relocation assistance, including the adoption of methods of administration that may be required by federal law or rules to carry out the operation of relocation assistance.
Mont. Code Ann. § 70-29-207 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-207
70-29-207 Allotment of shares of land -- improvements
Status: in_force

70-29-207 . Allotment of shares of land -- improvements. In all cases the court shall direct the referees, in making partition of land, to allot the share of each of the parties owning an interest in the whole or in any part of the premises sought to be partitioned and to locate the share of each cotenant so as to embrace as far as practicable the improvements made by such cotenant upon the property, and the value of the improvements made by the tenants in common must be excluded from the valuation in making allotments, and the land must be valued without regard to such improvements, in case the same can be done without material injury to the rights and interests of the other tenants in common owning such land.
Mont. Code Ann. § 70-17-216 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-216
70-17-216 Home-based child care
Status: in_force

70-17-216 . Home-based child care. For residential property subject to a covenant, providing child care in a family day-care home as defined in 52-2-703 or a group day-care home as defined in 52-2-703 is a residential use of property and is a residential purpose.
Mont. Code Ann. § 70-1-205 — MT Code / Title 70 / Chapter 1 / Part 2 / Section 70-1-205
70-1-205 Eminent domain
Status: in_force

70-1-205 . Eminent domain. The state may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the modes provided in chapter 30 of this title.
Mont. Code Ann. § 70-33-426 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-426
70-33-426 Remedies for absence or abandonment
Status: in_force

70-33-426 . Remedies for absence or abandonment. (1) (a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-33-322 , and the tenant fails to do so, the landlord may recover actual damages from the tenant.

(b) During an absence of the tenant in excess of 7 days, the landlord may enter the lot when reasonably necessary.

(2) (a) If the tenant abandons the lot, the landlord shall make reasonable efforts to rent the lot at a fair rental. If the landlord rents the lot for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy.

(b) If the landlord fails to use reasonable efforts to rent the lot at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is terminated by the landlord as of the date the landlord has notice of the abandonment.

(c) If the tenancy is from month to month or week to week, the term of the rental agreement for the purposes of this subsection (2) is a month or a week, as appropriate.
Mont. Code Ann. § 70-27-211 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-211
70-27-211 Appeal
Status: in_force

70-27-211 . Appeal. An appeal may be taken by the plaintiff or defendant as in other cases.
Mont. Code Ann. § 70-16-205 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-205
70-16-205 Monuments and fences -- mutual obligation of adjoining owners
Status: in_force

70-16-205 . Monuments and fences -- mutual obligation of adjoining owners. (1) Coterminous owners are mutually bound equally to maintain:

(a) the boundaries and monuments between them;

(b) the fences between them, unless one of them chooses to let that owner's land lie without fencing, in which case if that owner afterwards encloses it, that owner shall refund to the other owner a just proportion of the value, at that time, of any division fence made by the other owner. However, using land for grazing or pasturage of any kind must be considered a usage of the land, and the land may not be considered as lying idle under the provisions of this section.

(2) Except as provided by prescription, custom, or agreement between coterminous owners, each coterminous owner shall maintain all fencing to the right of the midpoint of the common boundary line as viewed from the owner's land. If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point midway around the surrounded land. If there is a substantial difference in terrain or topographical features of the land between the coterminous owners, responsibility for maintaining the fence must be determined by mutual agreement with consideration given to factors such as cost and time.
Mont. Code Ann. § 70-20-309 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-309
70-20-309 Transfer of owner ousted of possession -- effect
Status: in_force

70-20-309 . Transfer of owner ousted of possession -- effect. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
Mont. Code Ann. § 70-23-302 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-302
70-23-302 Preliminary declaration
Status: in_force

70-23-302 . Preliminary declaration. A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may then be practicable, may be recorded before construction of the building described in the declaration is completed. The preliminary declaration shall not relieve the owner from the necessity of filing the declaration as required by 70-23-301 .
Mont. Code Ann. § 70-16-201 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-201
70-16-201 Owner of land bounded by water
Status: in_force

70-16-201 . Owner of land bounded by water. Except where the grant under which the land is held indicates a different intent, the owner of the land, when it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream.
Mont. Code Ann. § 70-17-212 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-212
70-17-212 Transfer fee covenants -- void
Status: in_force

70-17-212 . Transfer fee covenants -- void. (1) A transfer fee covenant or any lien that is recorded or filed to enforce a transfer fee under a transfer fee covenant does not run with the title to real property and is not binding upon or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in the real property as a covenant, an equitable servitude, or otherwise.

(2) For purposes of this section, the following definitions apply:

(a) "Transfer" has the meaning provided in 70-1-501 .

(b) "Transfer fee" means a fee or charge payable upon the transfer of legal or equitable title to an interest in real property regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the real property, the purchase price, or other consideration given for the transfer. For purposes of this section, a transfer fee does not include the following:

(i) consideration payable by the transferee to the transferor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the transferee based upon any subsequent appreciation, development, or sale of the property, if the additional consideration is payable on a one-time basis only and the obligation to make the payment does not bind the original transferee's successors in interest to the property;

(ii) a commission payable to a licensed real estate salesperson or broker for the transfer of real property pursuant to an agreement between the broker and the transferor or the transferee, including any subsequent additional commission for the transfer payable by the transferor or the transferee based upon any subsequent appreciation, development, or sale of the property;

(iii) interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage, deed of trust, trust indenture, or other security interest against real property, including but not limited to a fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage or other security interest, fees, or charges payable to the lender;

(iv) consideration payable by a buyer under a contract for deed as a condition of allowing a buyer to acquire equitable title to the real property described in the contract for deed;

(v) any fee, charge, assessment, dues, contribution, or other amount payable to:

(A) an association of unit owners as defined in 70-23-102 or any association of homeowners, mobile home owners, townhouse owners, or other property owners created pursuant to a recorded declaration that has the power to require owners to pay the costs and expenses incurred in the performance of the association's obligations; or

(B) a nonprofit corporation as provided in Title 35, chapter 2, that is exempt from taxation under section 501(c)(3), 501(c)(4), or 528 of the Internal Revenue Code.

(c) "Transfer fee covenant" means a covenant or declaration recorded or filed against the title to real property that requires the payment of a transfer fee to the declarant or other person specified in the covenant or declaration or to the declarant's or other person's successors or assigns upon each subsequent transfer of a legal or equitable interest in the real property.

(3) This section does not apply to any easement granted pursuant to Title 77.
Mont. Code Ann. § 70-28-304 — MT Code / Title 70 / Chapter 28 / Part 3 / Section 70-28-304
70-28-304 Judge to issue deed -- requirements
Status: in_force

70-28-304 . Judge to issue deed -- requirements. If there are no valid conflicting claims to the lot on the entry townsite, the district court judge, as ex officio probate judge of the county, shall issue the claimant a good and sufficient deed for the lot on the entry townsite land upon finding in a hearing that:

(1) the petitioner is a qualified claimant under 70-28-302 ; and

(2) (a) no deed has been issued by a probate or district court judge of the county where the entry townsite land is located for the claimed lot; or

(b) a deed for the claimed lot has been issued but not recorded and has been lost or cannot be found.
Mont. Code Ann. § 70-3-101 — MT Code / Title 70 / Chapter 3 / Part 1 / Section 70-3-101
70-3-101 Gift defined
Status: in_force

70-3-101 . Gift defined. A gift is a transfer of personal property made voluntarily and without consideration.
Mont. Code Ann. § 70-33-430 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-430
70-33-430 Disposition of abandoned personal property
Status: in_force

70-33-430 . Disposition of abandoned personal property. (1) (a) If a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of the personal property as allowed by law.

(b) If a tenancy terminates in any manner other than by court order, if the landlord reasonably believes that the tenant has abandoned all personal property that the tenant has left on the premises, and if at least 48 hours have elapsed since the occurrence of the events upon which the landlord has based the belief of abandonment, the landlord may remove the property from the premises.

(2) The landlord shall inventory and store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care for the property. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage.

(3) After complying with subsections (1) and (2), the landlord shall:

(a) make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping;

(b) notify the local law enforcement office of the property held by the landlord;

(c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and

(d) send a notice by certified mail to the last-known address of the tenant and each known party having a lien or encumbrance of record, stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed.

(4) The landlord may dispose of the property after complying with subsection (3) by:

(a) selling all or part of the property at a public or private sale; or

(b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property.

(5) (a) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenant's response, the tenant's property is conclusively presumed to be abandoned.

(b) If the tenant removes the property, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage. Reasonable storage costs are allowed to a landlord who stores the property, and actual storage costs are allowed to a landlord who stores the property in a commercial storage company. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property.

(6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlord's purposeful or negligent act, in which case the landlord is liable for actual damages.

(7) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7.

(8) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and, subject to any prior security interest of record, any delinquent rent or damages owing on the premises. The landlord shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county.

(9) The landlord shall ensure that the terms of this section are included in plain and understandable language as a notification upon termination of the lease or rental agreement.
Mont. Code Ann. § 70-17-111 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-111
70-17-111 How servitude extinguished
Status: in_force

70-17-111 . How servitude extinguished. (1) Except as provided in subsection (2), a servitude is extinguished:

(a) by the vesting of the right to the servitude and the right to the servient tenement in the same person;

(b) by the destruction of the servient tenement;

(c) by the performance of any act upon either tenement by the owner of the servitude or with the owner's assent that is incompatible with its nature or exercise; or

(d) when the servitude was acquired by enjoyment, by disuse of the servitude by the owner of the servitude for the period prescribed for acquiring title by enjoyment.

(2) A conservation easement may not be extinguished by taking fee title to the land to which the conservation easement is attached.
Mont. Code Ann. § 70-6-101 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-101
70-6-101 Deposit -- voluntary or involuntary
Status: in_force

70-6-101 . Deposit -- voluntary or involuntary. A deposit may be:

(1) voluntary or involuntary; and

(2) for safekeeping or for exchange.