reglab/housing_qa huggingface dataset:
MT Code § 60-4-111 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 1. Acquisition of Property|60-4-111. Acquisition of property for controlled-access facility

  60-4-111. Acquisition of property for controlled-access facility. (1) The highway authorities of the state, counties, incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. Such rights may include rights of access, air, view, and light. They may be acquired by gift, devise, purchase, or condemnation, in the same manner as may now or hereafter be authorized by law for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.   (2) A right-of-way is hereby given, dedicated, and set apart for controlled-access highways or controlled-access facilities through, over, upon, or across any county road and any street or alley intersecting a controlled-access highway. Acquisition of any county road, street, or alley for use as a controlled-access highway or controlled-access facility shall be deemed a superior and more necessary public use and purpose than the public use or purpose to which such road, street, or alley has theretofore been dedicated.   History: En. Sec. 8-120, Ch. 197, L. 1965; R.C.M. 1947, 32-3920.
MT Code § 60-4-201 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-201. Exchange of interest in real property

  60-4-201. Exchange of interest in real property. (1) The department may determine that an interest in real property, however acquired by it, is no longer necessary to the laying out, altering, construction, improvement, or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218, the department may then exchange the interest, either as entire or partial consideration, for any other interest in real property needed for highway purposes. The department may establish the manner and terms and conditions for the exchange.   (2) Except as provided in 60-4-213 through 60-4-218, prior to making the exchange, the department shall notify all landowners whose property is adjacent to the land proposed for exchange. If any of the landowners are interested in buying the land proposed for exchange, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of exchange from the department. Upon receipt of a notice of interest, the department shall offer the land proposed for exchange for sale as provided in 60-4-202 and 60-4-203.   (3) The department may enter into an arrangement for exchange solely with a municipality or county for an interest in real property that is a public right-of-way used for transportation purposes. The department may transfer the interest to the municipality or county in exchange for the municipality or county assuming full interest and maintenance authority upon the following conditions:   (a) the real property must be maintained as a public right-of-way for transportation purposes; and   (b) no portion of the interest may be sold to or exchanged with private entities.   History: En. Sec. 8-109, Ch. 197, L. 1965; amd. Sec. 132, Ch. 316, L. 1974; R.C.M. 1947, 32-3909; amd. Sec. 1, Ch. 279, L. 2001; amd. Sec. 8, Ch. 226, L. 2005; amd. Sec. 2, Ch. 342, L. 2007.
MT Code § 60-4-202 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-202. Sale of interest in real property

  60-4-202. Sale of interest in real property. (1) The department may sell an interest in real property if the department determines that the property is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 60-4-203.  (2) (a) The department may sell an interest in real property without a public auction directly to:   (i) a federal, state, tribal, or local government;   (ii) an agency of government;   (iii) a school district; or   (iv) a unit of the Montana university system.   (b) The department shall obtain fair market value for the property.   (3) Except as provided in 60-4-213 through 60-4-218, before the department sells an interest in real property as provided in subsection (2), the department shall notify all landowners whose property is adjacent to the land proposed for sale. If any of the landowners are interested in buying the land proposed for sale, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of sale from the department. Upon receipt of a notice of interest, the department shall offer the land for sale as provided in 60-4-203 and this section.   History: En. Sec. 8-110, Ch. 197, L. 1965; amd. Sec. 133, Ch. 316, L. 1974; R.C.M. 1947, 32-3910; amd. Sec. 1, Ch. 305, L. 1981; amd. Sec. 1, Ch. 232, L. 1995; amd. Sec. 2, Ch. 279, L. 2001; amd. Sec. 9, Ch. 226, L. 2005; amd. Sec. 1, Ch. 88, L. 2021.
MT Code § 60-4-203 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-203. Conduct of sale

  60-4-203. Conduct of sale. (1) Except as provided in 60-4-213 through 60-4-218, the department shall publish notice of the sale once a week for 4 successive weeks in a newspaper published in the county in which the interest is located and on the department's website. The sale may be held in person in the county where the property is located or through an online auction.  (2) The notice of sale must contain:   (a) the day, date, and time of the beginning of the sale;   (b) a list of all the tracts to be offered for sale with the legal description, which includes the township and range, section number, and subdivision, or reference to the block and lot if surveyed;   (c) the number of acres in unplatted lands;   (d) the appraised value per acre and the appraised value of each lot;   (e) a quarter section listing of nonirrigable farm lands, with grazing lands listed in larger tracts not exceeding one section;   (f) a consecutive series of sales numbers for advertised tracts, if appropriate; and   (g) the terms and conditions of the sale and any additional information the department considers useful.   (3) Except as provided in 60-4-213 through 60-4-218, before the sale of an interest having a value in excess of $10,000, the department must have the interest appraised at a price representing a fair market value. The appraised value must be stated in the published notice.   (4) Except as provided in 60-4-213 through 60-4-218, a sale of an interest may not be made unless it has been appraised within 6 months prior to the date of the sale. A sale may not be made for less than 90% of the appraised value.   (5) Except as provided in 60-4-213 through 60-4-218, title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.   History: En. Sec. 8-111, Ch. 197, L. 1965; amd. Sec. 1, Ch. 21, L. 1974; amd. Sec. 134, Ch. 316, L. 1974; R.C.M. 1947, 32-3911; amd. Sec. 20, Ch. 23, L. 1979; amd. Sec. 2, Ch. 305, L. 1981; amd. Sec. 2, Ch. 232, L. 1995; amd. Sec. 3, Ch. 279, L. 2001; amd. Sec. 10, Ch. 226, L. 2005; amd. Sec. 1, Ch. 170, L. 2019; amd. Sec. 2, Ch. 88, L. 2021.
MT Code § 60-4-204 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-204. Repealed

  60-4-204. Repealed. Sec. 3, Ch. 232, L. 1995.   History: En. Sec. 8-112, Ch. 197, L. 1965; amd. Sec. 135, Ch. 316, L. 1974; R.C.M. 1947, 32-3912.
MT Code § 60-4-205 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-205. Private sale if no bid or offer

  60-4-205. Private sale if no bid or offer. (1) If, after proper notice is published, the department does not receive a bid at public sale or an offer from the original owner or the owner's successor in interest, it may at any time sell the interest at private sale. At the sale, the department may accept as the purchase price an amount of money not less than 90% of the appraised value.   (2) Title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.   History: En. Sec. 8-113, Ch. 197, L. 1965; amd. Sec. 136, Ch. 316, L. 1974; R.C.M. 1947, 32-3913; amd. Sec. 21, Ch. 23, L. 1979; amd. Sec. 1931, Ch. 56, L. 2009.
MT Code § 60-4-206 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-206. Sale of personal property and printed matter

  60-4-206. Sale of personal property and printed matter. (1) The department may sell at public or private sale, as it determines, an interest in personal property, however acquired by it, which it determines is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway.   (2) The department may sell at public or private sale, as it determines, maps, books, pamphlets, or other printed matter prepared or acquired by the department. The department may sell copies of highway records to the public and may set reasonable prices for them.   (3) The proceeds from sales made under this section shall be paid into the state treasury to the credit of the department.   History: En. Sec. 8-114, Ch. 197, L. 1965; amd. Sec. 137, Ch. 316, L. 1974; R.C.M. 1947, 32-3914.
MT Code § 60-4-207 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-207. Conveyances -- execution and contents

  60-4-207. Conveyances -- execution and contents. (1) Land or an interest in land sold by the department may be conveyed only when full payment has been made for it. Except as provided in subsection (2), land or an interest in land must be conveyed by a deed or patent of conveyance without covenants, stating that the deed or patent was issued under this chapter.   (2) (a) Land or an interest in land that has been constructed, altered, or otherwise used to satisfy wetland mitigation requirements of federal laws or regulations may be conveyed with a perpetual conservation easement that contains the wetland mitigation credit for the department.   (b) (i) The conservation easement must be held by a qualified easement holder defined, for the purpose of this part, as a private, nonprofit organization, a land trust, or a state or federal agency.   (ii) The terms of any agreement to access the wetland mitigation site may not be expanded without the consent of the landowner of the property to which the access agreement applies.   (3) The deed or patent must contain a reservation of easements for rights-of-way for the benefit of the United States and all other reservations to which the land conveyed may be subject.   (4) The deed or patent must be signed by the governor or, in case of the governor's absence or inability, the lieutenant governor. The signature must be attested by the secretary of state and have attached the great seal of the state. The signature need not be acknowledged.   History: En. Sec. 8-115, Ch. 197, L. 1965; amd. Sec. 138, Ch. 316, L. 1974; R.C.M. 1947, 32-3915; amd. Sec. 1, Ch. 386, L. 2001.
MT Code § 60-4-208 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-208. Abandonment or vacation of commission-designated highway system or state highways

  60-4-208. Abandonment or vacation of commission-designated highway system or state highways. Every commission-designated highway system or state highway once established must continue until abandoned or vacated by operation of law or by judgment of a court of competent jurisdiction or by a proper order of the commission.   History: En. Sec. 8-117, Ch. 197, L. 1965; R.C.M. 1947, 32-3917; amd. Sec. 20, Ch. 299, L. 2019.
MT Code § 60-4-209 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-209. Abandoned highway property -- title vests in contiguous owner

  60-4-209. Abandoned highway property -- title vests in contiguous owner. (1) Except as provided in 60-4-213 through 60-4-218, upon abandonment by the state in the manner provided in subsection (2) of an interest in real property acquired for the purpose of establishment of a highway, the owner of contiguous real property or the owner's successor in interest is vested with the abandoned interest to the extent provided in subsection (3).   (2) For the purposes of this section:   (a) a fee simple interest may be abandoned only by the proper order of the commission; and   (b) an interest of less than fee simple may be abandoned in the manner provided in subsection (2)(a), by operation of law, and by judgment of a court of competent jurisdiction.   (3) Except as provided in 60-4-213 through 60-4-218, the interest acquired by the contiguous property owner under subsection (1) is the abandoned interest or portion of the interest:   (a) if there are different contiguous property owners on each side of the abandoned interest, bounded on one side by the contiguous property and on the remaining two opposite sides by lines following the shortest distance from the extreme ends of the contiguous property abutting upon the abandoned interest to the center of the abandoned interest; and   (b) if the owners of the contiguous property on each side of the abandoned interest are the same, bounded on two opposite sides by the contiguous properties and on the two remaining opposite sides by lines following the shortest distance from the extreme ends of the contiguous property on one side of the abandoned interest to the extreme ends of the contiguous property on the other side of the abandoned interest.   (4) For the purpose of this section, an interest in property abandoned by a proper order of the commission includes an interest in property that the commission determines to be unnecessary to the laying out, altering, construction, improvement, or maintenance of a highway, whether or not the commission determines to sell the interest.   (5) Except as provided in 60-4-213 through 60-4-218, the interest acquired by a contiguous property owner under subsection (3) is conditioned upon the use of the property for agricultural or noncommercial purposes. If the property is used for commercial purposes or for purposes of future subdivision or other similar development, the property must revert to the state for sale pursuant to this part. This restriction applies to all subsequent holders of title to the property.   History: En. Sec. 1, Ch. 423, L. 1983; amd. Sec. 11, Ch. 226, L. 2005.
MT Code § 60-4-210 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-210. through 60-4-212 reserved

  60-4-210 through 60-4-212 reserved.
MT Code § 60-4-213 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-213. Purpose

  60-4-213. Purpose. The purpose of 60-4-213 through 60-4-218 is to provide for the abandonment of an interest in real property that the department has determined is not necessary to the laying out, altering, construction, improvement, or maintenance of a road or highway. The current abandonment statute, 60-4-209, does not provide for abandonment of only a portion of the right-of-way or for abandonment of highway property where the contiguous property has been subdivided prior to abandonment.   History: En. Sec. 1, Ch. 226, L. 2005.
MT Code § 60-4-214 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-214. Definitions

  60-4-214. Definitions. As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply:   (1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission.   (2) "Abandonment" means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim or use the right-of-way again.   (3) "Contiguous property" means subdivided parcels along one side of the length of the remainder.   (4) "Remainder" means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.   (5) "Subject property" means that portion of highway right-of-way for which abandonment is sought.   History: En. Sec. 2, Ch. 226, L. 2005.
MT Code § 60-4-215 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-215. Application of other laws

  60-4-215. Application of other laws. (1) The provisions of 60-2-107(1) through (3), 60-4-201, 60-4-202, 60-4-203, and 60-4-209(1) and (3) through (5) do not apply to abandonment under 60-4-213 through 60-4-218.   (2) The provisions of 60-2-107(4) and (5) apply to abandonment under 60-4-213 through 60-4-218 to the extent that reasonable access must remain after the abandonment.   History: En. Sec. 3, Ch. 226, L. 2005.
MT Code § 60-4-216 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-216. Procedure for abandonment

  60-4-216. Procedure for abandonment. (1) Upon receipt of a petition, in writing, for the abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder.   (2) The department shall prepare an order of abandonment to propose to the commission.   (3) The proposed order must state that the subject property is subject to all easements and utilities apparent or of record.   (4) Before abandoning the subject property, the commission shall notify the board of county commissioners in writing of its intent to abandon the subject property and shall hold a public hearing in the county or counties affected by the abandonment.   (5) The commission shall publish the notice of proposed abandonment and public hearing for 3 successive weeks in local newspapers within the county.   (6) The commission, in its sole discretion, may enter an order abandoning the subject property.   (7) The order with exhibits attached must be recorded by the department in the office of the clerk and recorder in the county or counties in which the subject property is located.   History: En. Sec. 4, Ch. 226, L. 2005.
MT Code § 60-4-217 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-217. Criteria for abandonment

  60-4-217. Criteria for abandonment. (1) Subject to subsection (2), the commission shall enter an order abandoning the subject property upon finding that:   (a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;   (b) a remainder exists to provide reasonable access; and   (c) at least one of the following applies:   (i) the disposal qualifies as an exception to 23 CFR 710.403(d);   (ii) reimbursement of federal funds is not required; or   (iii) the commission agrees to any required reimbursement of federal funds.   (2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.   History: En. Sec. 5, Ch. 226, L. 2005.
MT Code § 60-4-218 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 2. Disposition of Property|60-4-218. Title

  60-4-218. Title. (1) The department is not responsible for apportioning the abandoned interest among the owners of the contiguous property, and the provisions of 60-4-209(3) do not apply to this abandonment.   (2) By consummating the abandonment, neither the department nor the commission gives the covenants set forth in 30-11-110 or warrants title.   (3) The interest acquired by each owner of contiguous property is the abandoned interest in the subject property between the extension of the boundaries of the contiguous property, extending on the same course and intersecting with the linear boundary of the remainder.   History: En. Sec. 6, Ch. 226, L. 2005.
MT Code § 60-4-301 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-301. Repealed

  60-4-301. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 3, Ch. 212, L. 1969; amd. Sec. 140, Ch. 316, L. 1974; R.C.M. 1947, 32-3923.
MT Code § 60-4-302 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-302. Repealed

  60-4-302. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 4, Ch. 212, L. 1969; amd. Sec. 141, Ch. 316, L. 1974; R.C.M. 1947, 32-3924.
MT Code § 60-4-303 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-303. Repealed

  60-4-303. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 5, Ch. 212, L. 1969; amd. Sec. 2, Ch. 426, L. 1971; amd. Sec. 142, Ch. 316, L. 1974; R.C.M. 1947, 32-3925(a), (b).
MT Code § 60-4-304 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-304. Repealed

  60-4-304. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 5, Ch. 212, L. 1969; amd. Sec. 2, Ch. 426, L. 1971; amd. Sec. 142, Ch. 316, L. 1974; R.C.M. 1947, 32-3925(c).
MT Code § 60-4-305 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-305. Repealed

  60-4-305. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 6, Ch. 212, L. 1969; amd. Sec. 3, Ch. 426, L. 1971; amd. Sec. 143, Ch. 316, L. 1974; R.C.M. 1947, 32-3926.
MT Code § 60-4-306 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-306. Repealed

  60-4-306. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 7, Ch. 212, L. 1969; amd. Sec. 4, Ch. 426, L. 1971; amd. Sec. 144, Ch. 316, L. 1974; R.C.M. 1947, 32-3927.
MT Code § 60-4-307 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 4. Acquisition and Disposition of Property|Part 3. Relocation of Displaced Persons (Repealed)|60-4-307. Repealed

  60-4-307. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 8, Ch. 212, L. 1969; amd. Sec. 145, Ch. 316, L. 1974; amd. Sec. 1, Ch. 143, L. 1977; R.C.M. 1947, 32-3928.