reglab/housing_qa huggingface dataset:
MT Code § 82-2-111 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-111. Validating locations already made

  82-2-111. Validating locations already made. All mining locations made and recorded under the laws of this state heretofore in force that in any respect have failed to conform to the requirements of such laws shall, nevertheless, in the absence of the rights of third persons accruing prior to the passage of this part, be valid if the making and recording of such locations conform to the requirements of this part.   History: En. Sec. 10, Ch. 16, L. 1907; Sec. 2292, Rev. C. 1907; re-en. Sec. 7376, R.C.M. 1921; re-en. Sec. 7376, R.C.M. 1935; R.C.M. 1947, 50-712.
MT Code § 82-2-112 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-112. Defective locations good against persons with notice

  82-2-112. Defective locations good against persons with notice. The period of time prescribed by this part for the performance of any act may not be considered mandatory if the act is performed before the rights of third persons have intervened, and a defect in the posted notice or recorded certificate may not be considered material except as against one who has located the same ground or some portion of the same ground in good faith and without notice. Notice to an agent who makes a location on behalf of another must be considered notice to the agent's principal, and notice to one of several coclaimants must be considered notice to all.   History: En. Sec. 11, Ch. 16, L. 1907; Sec. 2293, Rev. C. 1907; re-en. Sec. 7377, R.C.M. 1921; re-en. Sec. 7377, R.C.M. 1935; R.C.M. 1947, 50-713; amd. Sec. 2723, Ch. 56, L. 2009.
MT Code § 82-2-113 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-113. Effect of patent

  82-2-113. Effect of patent. The issuance of a United States patent for a mining claim is considered conclusive evidence that the requirements of the laws of this state relative to the location and record of such mining claim have been duly complied with. However, if questions of priority are involved, the date of the location shall be an issuable fact when it is claimed to have been prior to the date of the record of the location.   History: En. Sec. 12, Ch. 16, L. 1907; Sec. 2294, Rev. C. 1907; re-en. Sec. 7378, R.C.M. 1921; re-en. Sec. 7378, R.C.M. 1935; amd. Sec. 10, Ch. 39, L. 1977; R.C.M. 1947, 50-714.
MT Code § 82-2-114 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-114. Amended locations

  82-2-114. Amended locations. If, at any time, the locator of a mining claim or the locator's successors or assigns determine that the original declaratory statement was defective or erroneous, determine that the requirements of law were not complied with, or want to change the boundaries or take in any part of an overlapping claim that has been abandoned or if the original declaratory statement was filed prior to the passage of this law and the locator or the locator's successor's or assigns want the benefit of this part, the locator or the successors or assigns may file an additional or amended declaratory statement subject to the provisions of this part. However, the relocation or filing of the amended or additional declaratory statement may not interfere with the existing rights of others at the time of the relocation or filing of the amended or additional declaratory statement, and the relocation or amended or additional declaratory statement or other record may not preclude the claimant or claimants from proving any title that the claimant may have held under the previous location and notice.   History: En. Sec. 1, p. 56, L. 1901; re-en. Sec. 2295, Rev. C. 1907; re-en. Sec. 7379, R.C.M. 1921; Cal. Civ. C. Sec. 1426h; re-en. Sec. 7379, R.C.M. 1935; R.C.M. 1947, 50-715; amd. Sec. 2724, Ch. 56, L. 2009.
MT Code § 82-2-115 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 1. Location and Record of Claims|82-2-115. Filing of false mining claims

  82-2-115. Filing of false mining claims. A person who offers a location certificate for a placer mining claim or lode claim or affidavit of assessment work to be filed in an office of a county clerk of this state on the person's own behalf or for any other person or a person who procures others to do so, knowing that the claim, certificate, or affidavit was not preceded by a proper location of the claim physically upon the ground by the establishment of a proper notice of claim and the designation of the surface boundaries of the claim by substantial posts or monuments as required by the laws of the state, shall be punished by imprisonment in the state prison for not more than 5 years, by a fine of not more than $5,000, or by both.   History: En. Sec. 1, Ch. 135, L. 1973; R.C.M. 1947, 50-702.1; amd. Sec. 2725, Ch. 56, L. 2009.
MT Code § 82-2-201 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-201. Right-of-way of owners of mines

  82-2-201. Right-of-way of owners of mines. The owner of a mining claim held under the laws of the United States by patent or otherwise or under the local laws and customs of the state has a right-of-way over and across the land or mining claim of another, patented or otherwise, as prescribed in this part.   History: En. Sec. 1, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 886, 5th Div. Rev. Stat. 1879; re-en. Sec. 1495, Comp. Stat. 1887; amd. and re-en. Sec. 3630, Pol. C. 1895; re-en. Sec. 2297, Rev. C. 1907; re-en. Sec. 7382, R.C.M. 1921; re-en. Sec. 7382, R.C.M. 1935; R.C.M. 1947, 50-801.
MT Code § 82-2-202 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-202. Road or ditch right-of-way

  82-2-202. Road or ditch right-of-way. Whenever a mine or mining claim is so situated that it cannot be conveniently worked without a road thereto or a ditch to convey water thereto or a ditch or a cut to convey the water therefrom or without a flume to carry water and tailings therefrom or without a shaft or tunnel thereto, which road, ditch, cut, flume, or tunnel must necessarily pass over, under, through, or across any lands or mining claims owned or occupied by another, such owner is entitled to a right-of-way for said road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the lands or mining claims belonging to another, upon compliance with the provisions of this part.   History: En. Sec. 2, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 887, 5th Div. Rev. Stat. 1879; re-en. Sec. 1496, Comp. Stat. 1887; amd. and re-en. Sec. 3631, Pol. C. 1895; re-en. Sec. 2298, Rev. C. 1907; re-en. Sec. 7383, R.C.M. 1921; re-en. Sec. 7383, R.C.M. 1935; R.C.M. 1947, 50-802.
MT Code § 82-2-203 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-203. Proceedings to obtain right-of-way

  82-2-203. Proceedings to obtain right-of-way. Whenever the owner desires to work a mine or mining claim and it is necessary that the owner have a right-of-way for any of the purposes mentioned in 82-2-201 and 82-2-202 in order to work the mine or mining claim successfully and conveniently and if the right-of-way has not been acquired by agreement between the owner of the mining claim and the owner of the land or claims over, under, across, and upon which the mining claim owner seeks to establish the right-of-way, it is lawful for the mining claim owner to present to the judge of the district court a complaint asking that the right-of-way be granted. The complaint must be verified and contain a particular description of the character and extent of the right sought, a description of the mine or mining claim of the owner, and the mining claim or claims and the land to be affected by the right-of-way, with the names of the occupants or owners of the affected land, and may also set forth any tender or offer.   History: En. Sec. 3, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 888, 5th Div. Rev. Stat. 1879; re-en. Sec. 1497, Comp. Stat. 1887; amd. and re-en. Sec. 3632, Pol. C. 1895; re-en. Sec. 2299, Rev. C. 1907; re-en. Sec. 7384, R.C.M. 1921; re-en. Sec. 7384, R.C.M. 1935; R.C.M. 1947, 50-803; amd. Sec. 2726, Ch. 56, L. 2009; amd. Sec. 38, Ch. 55, L. 2015.
MT Code § 82-2-204 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-204. Proceedings before the court

  82-2-204. Proceedings before the court. Upon the receipt of the complaint and filing thereof with the clerk of the court, the judge must direct a summons to issue to the defendants named in the complaint requiring them to appear before the judge on a day therein named, which must be not less than 10 days from the service thereof, and show cause why such right-of-way should not be allowed. The summons may be served on each of the parties in the manner prescribed by law for serving summons in other actions.   History: En. Sec. 4, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 889, 5th Div. Rev. Stat. 1879; re-en. Sec. 1498, Comp. Stat. 1887; amd. and re-en. Sec. 3633, Pol. C. 1895; re-en. Sec. 2300, Rev. C. 1907; re-en. Sec. 7385, R.C.M. 1921; re-en. Sec. 7385, R.C.M. 1935; R.C.M. 1947, 50-804.
MT Code § 82-2-205 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-205. Court order and appointment of commissioners

  82-2-205. Court order and appointment of commissioners. Upon the return of the summons or upon any day to which the hearing is adjourned, the defendants may answer, issue must be joined, and the judge shall hear the allegations and proofs of the respective parties. If, upon the hearing, the judge is satisfied that the claims of the plaintiff may be worked conveniently only by means of the privilege asked for, the judge shall make an order adjudging and awarding to the plaintiff the right-of-way and shall appoint three commissioners who are disinterested persons and residents of the county to assess the damages to the lands or claims affected by the order.   History: En. Sec. 5, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 890, 5th Div. Rev. Stat. 1879; re-en. Sec. 1499, Comp. Stat. 1887; amd. and re-en. Sec. 3634, Pol. C. 1895; re-en. Sec. 2301, Rev. C. 1907; re-en. Sec. 7386, R.C.M. 1921; re-en. Sec. 7386, R.C.M. 1935; amd. Sec. 11, Ch. 39, L. 1977; R.C.M. 1947, 50-805; amd. Sec. 2727, Ch. 56, L. 2009.
MT Code § 82-2-206 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-206. Commissioners to assess damages

  82-2-206. Commissioners to assess damages. The commissioners must be sworn to faithfully and impartially discharge their duties and must without delay examine the property, lands, and claims and assess the damages resulting from such right-of-way and report the amount to the judge, and if such right-of-way affects the property of more than one person, such report must contain an assessment of damages to each person.   History: En. Sec. 6, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 891, 5th Div. Rev. Stat. 1879; re-en. Sec. 1500, Comp. Stat. 1887; amd. and re-en. Sec. 3635, Pol. C. 1895; re-en. Sec. 2302, Rev. C. 1907; re-en. Sec. 7387, R.C.M. 1921; re-en. Sec. 7387, R.C.M. 1935; R.C.M. 1947, 50-806.
MT Code § 82-2-207 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-207. Power to set aside commissioners' report

  82-2-207. Power to set aside commissioners' report. For good cause shown, the judge may set aside the report of the commissioners and appoint three other commissioners.   History: En. Sec. 7, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 892, 5th Div. Rev. Stat. 1879; re-en. Sec. 1501, Comp. Stat. 1887; amd. and re-en. Sec. 3636, Pol. C. 1895; re-en. Sec. 2303, Rev. C. 1907; re-en. Sec. 7388, R.C.M. 1921; re-en. Sec. 7388, R.C.M. 1935; R.C.M. 1947, 50-807.
MT Code § 82-2-208 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-208. Right-of-way to commence upon payment of assessed damages

  82-2-208. Right-of-way to commence upon payment of assessed damages. Upon the payment of the sum assessed as damages and all costs to the persons to whom it is awarded or the payment of the same to the clerk for the use of such person, plaintiff is entitled to the right-of-way and may immediately proceed to occupy the same and to erect thereon such works and structures and make therein such excavations as may be necessary to the use and enjoyment of the right-of-way so awarded.   History: En. Sec. 8, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 893, 5th Div. Rev. Stat. 1879; re-en. Sec. 1502, Comp. Stat. 1887; amd. and re-en. Sec. 3637, Pol. C. 1895; re-en. Sec. 2304, Rev. C. 1907; re-en. Sec. 7389, R.C.M. 1921; re-en. Sec. 7389, R.C.M. 1935; R.C.M. 1947, 50-808.
MT Code § 82-2-209 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-209. Appeal from assessment of damages

  82-2-209. Appeal from assessment of damages. An appeal from the assessment of damages made by the commissioners may be taken to the district court by any party interested at any time within 10 days after the filing of the report of the commissioners. A written notice of appeal must be filed with the clerk and served upon the opposite party.   History: En. Sec. 9, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 894, 5th Div. Rev. Stat. 1879; re-en. Sec. 1503, Comp. Stat. 1887; amd. and re-en. Sec. 3638, Pol. C. 1895; re-en. Sec. 2305, Rev. C. 1907; re-en. Sec. 7390, R.C.M. 1921; re-en. Sec. 7390, R.C.M. 1935; R.C.M. 1947, 50-809.
MT Code § 82-2-210 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-210. Trial on appeal and costs

  82-2-210. Trial on appeal and costs. On appeal, the question of the amount of damages may be tried by the court or jury as in other cases. If the appellant recovers damages exceeding the amount awarded by the commissioners, the opposite party must pay the costs of appeal, otherwise the appellant.   History: En. Sec. 10, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 895, 5th Div. Rev. Stat. 1879; re-en. Sec. 1504, Comp. Stat. 1887; amd. and re-en. Sec. 3639, Pol. C. 1895; re-en. Sec. 2306, Rev. C. 1907; re-en. Sec. 7391, R.C.M. 1921; re-en. Sec. 7391, R.C.M. 1935; R.C.M. 1947, 50-810.
MT Code § 82-2-211 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-211. Payment of costs

  82-2-211. Payment of costs. All costs and expenses of the proceedings under the provisions of this part, except as provided in 82-2-210, must be paid by the plaintiff or party making the application. The judge may, if the right-of-way asked for is denied, allow the opposite party a reasonable counsel fee.   History: En. Sec. 3640, Pol. C. 1895; re-en. Sec. 2307, Rev. C. 1907; re-en. Sec. 7392, R.C.M. 1921; re-en. Sec. 7392, R.C.M. 1935; R.C.M. 1947, 50-811.
MT Code § 82-2-212 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-212. Appeal to supreme court

  82-2-212. Appeal to supreme court. An appeal to the supreme court may be taken by either party as in other cases.   History: En. Sec. 3641, Pol. C. 1895; re-en. Sec. 2308, Rev. C. 1907; re-en. Sec. 7393, R.C.M. 1921; re-en. Sec. 7393, R.C.M. 1935; R.C.M. 1947, 50-812.
MT Code § 82-2-213 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-213. through 82-2-220 reserved

  82-2-213 through 82-2-220 reserved.
MT Code § 82-2-221 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-221. Eminent domain for open-pit mining -- purchase of property required

  82-2-221. Eminent domain for open-pit mining -- purchase of property required. (1) (a) Subject to subsection (1)(b), when the right of eminent domain is exercised pursuant to Title 70, chapter 30, to acquire estates and rights in land for the purpose of open-pit mining of the ores, metals, or minerals owned by the condemnor, the decree must be granted on the condition that the condemnor protects the public in the immediate area by agreeing to purchase all property within 300 yards of the surface tract condemned, including vacant lots.   (b) In order to fall within the protection provided by subsection (1)(a), the owner of land within 300 yards of the surface tract condemned shall serve upon the condemnor and file with the court a written offer stating the amount asked for the property within 30 days from the entry of the court order appointing commissioners in the eminent domain proceeding.   (2) If the condemnor and an owner are unable to agree upon the compensation to be paid for the property, the court, upon petition of either party, may proceed to determine the compensation to be paid for property in the manner prescribed in Title 70, chapters 30 and 31, for ascertaining the value of property taken through the exercise of the right of eminent domain.   History: En. Sec. 1, Ch. 240, L. 1961; amd. Sec. 1, Ch. 304, L. 1973; R.C.M. 1947, 50-813; amd. Sec. 97, Ch. 125, L. 2001.
MT Code § 82-2-222 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-222. Construction of alternate facilities

  82-2-222. Construction of alternate facilities. If a mineral owner seeks to condemn streets, roads, alleys, or highways pursuant to Title 70, chapter 30, for the purposes stated in 82-2-221, there must also be attached to the complaint for condemnation a plat or plats showing the alternate facilities to be proposed and paid for by the condemnor. The court, in its final order of condemnation, may order the condemnor to construct reasonable and adequate alternate facilities that it considers appropriate under the circumstances.   History: En. Sec. 2, Ch. 240, L. 1961; R.C.M. 1947, 50-814; amd. Sec. 98, Ch. 125, L. 2001.
MT Code § 82-2-223 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-223. Compensation for property

  82-2-223. Compensation for property. (1) The measure of compensation for the property located within 300 yards of the surfaced tract condemned shall be the fair market value or the value of similar property in a similar area not affected by open-pit mining operations, whichever the owner of the surface property shall elect to receive.   (2) The measure of compensation for a building owned by the city, county, or state shall be the value of the cost of replacing the building in a similar area not affected by open-pit mining operations.   History: En. Sec. 3, Ch. 240, L. 1961; amd. Sec. 2, Ch. 304, L. 1973; R.C.M. 1947, 50-815.
MT Code § 82-2-224 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 2. Rights-of-Way and Eminent Domain|82-2-224. Notice of condemnation -- filing of plat

  82-2-224. Notice of condemnation -- filing of plat. Any party seeking to condemn property for open-pit mining purposes pursuant to Title 70, chapter 30, shall serve written notice on all owners and purchasers under contracts for deed of property within 300 yards of the surface tract sought to be condemned or shall file a plat showing the boundaries of the property sought to be condemned in the office of the county clerk and recorder. The filing of the plat constitutes notice to the owner or owners not personally served with written notice.   History: En. Sec. 4, Ch. 240, L. 1961; amd. Sec. 3, Ch. 304, L. 1973; R.C.M. 1947, 50-816; amd. Sec. 24, Ch. 526, L. 1983; amd. Sec. 99, Ch. 125, L. 2001.
MT Code § 82-2-301 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 3. Landowner Notification of Surface Operations|82-2-301. Short title

  82-2-301. Short title. This part may be referred to as "The Landowner Notification Act".   History: En. Sec. 1, Ch. 335, L. 1971; R.C.M. 1947, 50-1301.
MT Code § 82-2-302 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 3. Landowner Notification of Surface Operations|82-2-302. Ascertaining ownership of land

  82-2-302. Ascertaining ownership of land. All prospectors for minerals, miners, or other persons contemplating surface disturbance by mechanical equipment other than hand tools on lands within the state of Montana are required to ascertain the ownership and possessory right of any land before performing any such operations causing surface disturbance such as road or trail building or any other work disturbing the surface on such land.   History: En. Sec. 2, Ch. 335, L. 1971; R.C.M. 1947, 50-1302.
MT Code § 82-2-303 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 3. Landowner Notification of Surface Operations|82-2-303. Written notice and approval required before commencement of operations

  82-2-303. Written notice and approval required before commencement of operations. (1) The land or surface of land not owned in fee by such person may not be disturbed in any manner until the owner or manager of the surface of said land and the owner of a possessory right to said land are given notice in writing, accompanied by a map showing the specific locations involved, of such person's intent or desire to enter upon such land, which will sufficiently disclose the plan of work and operations, including contemplated measures for the protection and restoration of the land and waters, to enable the owner or manager of the land and any person holding a possessory right to such land to evaluate the extent of disturbance contemplated and the effectiveness and sufficiency of the protection and restoration measures planned.   (2) Before commencement of any work or operations on any such lands, such person must first obtain from the surface owner of private land specific written approval of the proposed work or operations.   (3) In the case of city, county, state, or federally owned lands, such person must first obtain the authorization or permit, if any, required by the applicable law and the regulations of the governmental agency or board charged by law with the administration or management of the surface of such land.   History: En. Sec. 3, Ch. 335, L. 1971; R.C.M. 1947, 50-1303.
MT Code § 82-2-304 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 2. Mining Generally|Part 3. Landowner Notification of Surface Operations|82-2-304. Exemption -- discovery pits on federal lands

  82-2-304. Exemption -- discovery pits on federal lands. Discovery pits which may be required to locate a mining claim on federal lands open to mineral entry, when excavated entirely by hand methods with hand tools, are exempt from the operation of this part.   History: En. Sec. 4, Ch. 335, L. 1971; R.C.M. 1947, 50-1304.