reglab/housing_qa huggingface dataset:
MT Code § 70-9-812 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-812. Public sale of abandoned property

  70-9-812. Public sale of abandoned property. (1) Except as otherwise provided in this section, the administrator, within 3 years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state, which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.   (2) Securities listed on an established stock exchange must be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any reasonable method selected by the administrator. If securities are sold by the administrator before the expiration of 3 years after their delivery to the administrator, a person making a claim under this part before the end of the 3-year period is entitled to the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever is greater, plus dividends, interest, and other increments up to the time the claim is made, less any deduction for expenses of sale. A person making a claim under this part after the expiration of the 3-year period is entitled to receive the securities delivered to the administrator by the holder, if they still remain in the custody of the administrator, or the net proceeds received from sale and is not entitled to receive any appreciation in the value of the property occurring after delivery to the administrator except in a case of intentional misconduct or malfeasance by the administrator.   (3) A purchaser of property at a sale conducted by the administrator pursuant to this part takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.   History: En. Sec. 12, Ch. 124, L. 1997.
MT Code § 70-9-813 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-813. Deposit of funds

  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.   History: En. Sec. 13, Ch. 124, L. 1997.
MT Code § 70-9-814 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-814. Claim of another state to recover property

  70-9-814. Claim of another state to recover property. (1) After property has been paid or delivered to the administrator under this part, another state may recover the property if:   (a) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last-known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;   (b) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted, the property has escheated or become subject to a claim of abandonment by that state;   (c) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last-known location of the owner within the borders of another state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;   (d) the property was subjected to custody by this state under 70-9-805(6), and under the laws of the state of domicile of the holder, the property has escheated or become subject to a claim of abandonment by that state; or   (e) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under 70-9-805(7), and under the laws of the other state, the property has escheated or become subject to a claim of abandonment by that state.   (2) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within 90 days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (1).   (3) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.   History: En. Sec. 14, Ch. 124, L. 1997.
MT Code § 70-9-815 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-815. Filing claim with administrator -- handling of claims by administrator

  70-9-815. Filing claim with administrator -- handling of claims by administrator. (1) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.   (2) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under 70-9-816.   (3) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under 70-9-812.   (4) A holder that pays the owner for property that has been delivered to the state and that, if claimed from the administrator by the owner, would be subject to an increment under 70-9-812 may recover from the administrator the amount of the increment.   History: En. Sec. 15, Ch. 124, L. 1997.
MT Code § 70-9-816 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-816. Action to establish claim

  70-9-816. Action to establish claim. A person aggrieved by a decision of the administrator or whose claim has not been acted upon within 90 days after its filing may maintain an original action to establish the claim in the district court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney fees.   History: En. Sec. 16, Ch. 124, L. 1997.
MT Code § 70-9-817 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-817. Election to take payment or delivery

  70-9-817. Election to take payment or delivery. (1) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale.   (2) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property that is delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this part.   History: En. Sec. 17, Ch. 124, L. 1997.
MT Code § 70-9-818 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability

  70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability. If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section except for intentional misconduct or malfeasance.   History: En. Sec. 18, Ch. 124, L. 1997.
MT Code § 70-9-819 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-819. Periods of limitation

  70-9-819. Periods of limitation. (1) The expiration, before or after July 1, 1997, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.   (2) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.   History: En. Sec. 19, Ch. 124, L. 1997.
MT Code § 70-9-821 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-821. Retention of records

  70-9-821. Retention of records. (1) Except as otherwise provided in subsection (2), a holder required to file a report under 70-9-808 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report unless a shorter period is provided by rule of the administrator.   (2) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for 3 years after the holder files the report.   History: En. Sec. 21, Ch. 124, L. 1997.
MT Code § 70-9-822 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-822. Enforcement

  70-9-822. Enforcement. The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney fees to the prevailing party.   History: En. Sec. 22, Ch. 124, L. 1997.
MT Code § 70-9-823 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states

  70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states. (1) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in 70-9-820. The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.   (2) The administrator may join with another state to seek enforcement of this part against any person that is or may be holding property reportable under this part.   (3) At the request of another state, the attorney general of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state if the other state has agreed to pay expenses incurred by the attorney general in maintaining the action.   (4) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the attorney general of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney fees may be paid from money received under this part. The administrator may agree to pay expenses and attorney fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this part.   History: En. Sec. 23, Ch. 124, L. 1997.
MT Code § 70-9-824 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-824. Interest and penalties

  70-9-824. Interest and penalties. (1) A holder that fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of 12% on the property or value of the property from the date the property should have been reported, paid, or delivered.   (2) Except as otherwise provided in subsection (3), a holder that fails to report, pay, or deliver property within the time prescribed by this part, or fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $100 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $2,500.   (3) A holder that willfully fails to report, pay, or deliver property within the time prescribed by this part, or willfully fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.   (4) A holder that makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day from the date a report under this part was due, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.   (5) The administrator for good cause may waive, in whole or in part, interest under subsection (1) and penalties under subsections (2) and (3) and shall waive penalties if the holder acted in good faith and without negligence.   History: En. Sec. 24, Ch. 124, L. 1997.
MT Code § 70-9-825 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-825. Agreement to locate property

  70-9-825. Agreement to locate property. (1) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim.   (2) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.   (3) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.   (4) An agreement covered by this section that provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney fees to an owner who prevails in the action.   (5) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation.   History: En. Sec. 25, Ch. 124, L. 1997.
MT Code § 70-9-826 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-826. Foreign transactions

  70-9-826. Foreign transactions. This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction.   History: En. Sec. 26, Ch. 124, L. 1997.
MT Code § 70-9-827 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-827. Transitional provisions

  70-9-827. Transitional provisions. (1) An initial report filed under this part for property that was not required to be reported before July 1, 1997, but that is subject to this part must include all items of property that would have been presumed abandoned during the 10-year period next preceding July 1, 1997, as if this part had been in effect during that period.   (2) This part does not relieve a holder of a duty that arose before July 1, 1997, to report, pay, or deliver property. Except as otherwise provided in 70-9-819(2), a holder that did not comply with the law in effect before July 1, 1997, is subject to the applicable provisions for enforcement and penalties that then existed, which are continued in effect for the purpose of this section.   History: En. Sec. 27, Ch. 124, L. 1997.
MT Code § 70-9-828 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-828. Rules

  70-9-828. Rules. The administrator may adopt, pursuant to Title 2, chapter 4, rules necessary to carry out this part.   History: En. Sec. 28, Ch. 124, L. 1997.
MT Code § 70-9-829 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 9. Disposition of Unclaimed Property|Part 8. Uniform Unclaimed Property Act|70-9-829. Uniformity of application and construction

  70-9-829. Uniformity of application and construction. This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.   History: En. Sec. 29, Ch. 124, L. 1997.
MT Code § 70-15-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 15. Definitions and Kinds of Estates in Real Property|Part 1. Real Property Defined Fixtures and Appurtenances|70-15-101. Real property defined

  70-15-101. Real property defined. Real or immovable property consists of:   (1) land;   (2) that which is affixed to land;   (3) that which is incidental or appurtenant to land;   (4) that which is immovable by law.   History: En. Sec. 1074, Civ. C. 1895; re-en. Sec. 4425, Rev. C. 1907; re-en. Sec. 6667, R.C.M. 1921; Cal. Civ. C. Sec. 658; Based on Field Civ. C. Sec. 163; re-en. Sec. 6667, R.C.M. 1935; R.C.M. 1947, 67-207.
MT Code § 70-15-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 15. Definitions and Kinds of Estates in Real Property|Part 1. Real Property Defined Fixtures and Appurtenances|70-15-102. Land defined

  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.   History: En. Sec. 1075, Civ. C. 1895; re-en. Sec. 4426, Rev. C. 1907; re-en. Sec. 6668, R.C.M. 1921; Cal. Civ. C. Sec. 659; Field Civ. C. Sec. 164; re-en. Sec. 6668, R.C.M. 1935; R.C.M. 1947, 67-208.
MT Code § 70-15-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 15. Definitions and Kinds of Estates in Real Property|Part 1. Real Property Defined Fixtures and Appurtenances|70-15-103. Fixture defined

  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.   History: En. Sec. 1076, Civ. C. 1895; re-en. Sec. 4427, Rev. C. 1907; re-en. Sec. 6669, R.C.M. 1921; Cal. Civ. C. Sec. 660; Field Civ. C. Sec. 165; re-en. Sec. 6669, R.C.M. 1935; R.C.M. 1947, 67-209.
MT Code § 70-15-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 15. Definitions and Kinds of Estates in Real Property|Part 1. Real Property Defined Fixtures and Appurtenances|70-15-104. Fixtures attached to mines

  70-15-104. Fixtures attached to mines. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine are to be deemed affixed to the mine.   History: En. Sec. 1077, Civ. C. 1895; re-en. Sec. 4428, Rev. C. 1907; re-en. Sec. 6670, R.C.M. 1921; Cal. Civ. C. Sec. 661; re-en. Sec. 6670, R.C.M. 1935; R.C.M. 1947, 67-210.