reglab/housing_qa huggingface dataset:
MT Code § 70-29-328 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 3. Sale and Disposition of Proceeds|70-29-328. Incompetent's share of proceeds -- payment to guardian

  70-29-328. Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.   History: En. Sec. 534, p. 148, Bannack Stat.; re-en. Sec. 306, p. 196, L. 1867; re-en. Sec. 355, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1389, C. Civ. Proc. 1895; re-en. Sec. 6932, Rev. C. 1907; re-en. Sec. 9565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 794; re-en. Sec. 9565, R.C.M. 1935; R.C.M. 1947, 93-6350; amd. Sec. 25, Ch. 115, L. 1979; amd. Sec. 38, Ch. 490, L. 1997.
MT Code § 70-29-329 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 3. Sale and Disposition of Proceeds|70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested

  70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested. Where there are proceeds of a sale belonging to an unknown owner or to a person without the state who has no legal representative within it, the same must be invested in bonds of this state or the United States for the benefit of the persons entitled thereto.   History: En. Sec. 528, p. 146, Bannack Stat.; re-en. Sec. 300, p. 195, L. 1867; re-en. Sec. 349, p. 103, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1383, C. Civ. Proc. 1895; re-en. Sec. 6926, Rev. C. 1907; re-en. Sec. 9559, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 788; re-en. Sec. 9559, R.C.M. 1935; R.C.M. 1947, 93-6344.
MT Code § 70-29-330 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 3. Sale and Disposition of Proceeds|70-29-330. Duty of clerk as to security and investments

  70-29-330. Duty of clerk as to security and investments. The clerk of court in whose name a security is taken or by whom an investment is made and the clerk's successors in office:   (1) must receive the interest and principal as it becomes due and shall apply and invest the interest and principal as the court may direct;   (2) shall deposit with the county treasurer all securities taken; and   (3) shall keep an account of investments and money received and the disposition of the investments and money in a book provided and kept for that purpose in the clerk's office that is free for inspection by all persons.   History: En. Sec. 531, p. 147, Bannack Stat.; re-en. Sec. 303, p. 196, L. 1867; re-en. Sec. 352, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1386, C. Civ. Proc. 1895; re-en. Sec. 6929, Rev. C. 1907; re-en. Sec. 9562, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 791; re-en. Sec. 9562, R.C.M. 1935; R.C.M. 1947, 93-6347; amd. Sec. 2230, Ch. 56, L. 2009.
MT Code § 70-29-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-401. Short title

  70-29-401. Short title. This part may be cited as the "Uniform Partition of Heirs Property Act".   History: En. Sec. 1, Ch. 263, L. 2013.
MT Code § 70-29-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-402. Definitions

  70-29-402. Definitions. As used in this part, the following definitions apply:   (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.   (2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.   (3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.   (4) "Determination of value" means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants.   (5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:   (a) there is no agreement in a record binding all the cotenants that governs the partition of the property;   (b) one or more of the cotenants acquired title from a relative, whether living or deceased; and   (c) any of the following applies:   (i) 20% or more of the interests are held by cotenants who are relatives;   (ii) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or   (iii) 20% or more of the cotenants are relatives.   (6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414.   (7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.   (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   (9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.   History: En. Sec. 2, Ch. 263, L. 2013.
MT Code § 70-29-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-403. Applicability -- relation to other laws

  70-29-403. Applicability -- relation to other laws. (1) This part applies to partition actions filed on or after October 1, 2013.   (2) In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.   (3) This part supplements Title 70, chapter 29, parts 1 through 3, and, if an action is governed by this part, replaces provisions of Title 70, chapter 29, parts 1 through 3, that are inconsistent with this part.   History: En. Sec. 3, Ch. 263, L. 2013.
MT Code § 70-29-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-404. Service -- notice by posting

  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.   History: En. Sec. 4, Ch. 263, L. 2013.
MT Code § 70-29-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-405. Referees

  70-29-405. Referees. If the court appoints referees pursuant to 70-29-202, each referee, in addition to the requirements and disqualifications applicable to referees in Title 70, chapter 29, part 2, must be disinterested and impartial and not a party to or a participant in the action.   History: En. Sec. 5, Ch. 263, L. 2013.
MT Code § 70-29-406 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-406. through 70-29-409 reserved

  70-29-406 through 70-29-409 reserved.
MT Code § 70-29-410 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-410. Determination of value

  70-29-410. Determination of value. (1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).   (2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.   (3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.   (4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.   (5) If an appraisal is conducted pursuant to subsection (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address stating:   (a) the appraised fair market value of the property;   (b) that the appraisal is available at the clerk's office; and   (c) that a party may file with the court an objection to the appraisal, not later than 30 days after the notice is sent, stating the grounds for the objection.   (6) If an appraisal is filed with the court pursuant to subsection (4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (5), whether or not an objection to the appraisal is filed under subsection (5)(c). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.   (7) After a hearing under subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.   History: En. Sec. 6, Ch. 263, L. 2013.
MT Code § 70-29-412 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-412. Partition alternatives

  70-29-412. Partition alternatives. (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in 70-29-413, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.   (2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to 70-29-414 or, if no cotenant requested partition by sale, the court shall dismiss the action.   (3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.   (4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to 70-29-411, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property must remain undivided.   History: En. Sec. 8, Ch. 263, L. 2013.
MT Code § 70-29-413 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-413. Partition in kind -- considerations

  70-29-413. Partition in kind -- considerations. (1) In determining under 70-29-412(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:   (a) whether the heirs property practicably can be divided among the cotenants;   (b) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;   (c) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;   (d) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;   (e) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;   (f) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and   (g) any other relevant factor.   (2) The court may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.   History: En. Sec. 9, Ch. 263, L. 2013.
MT Code § 70-29-414 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-414. Open market sale -- sealed bids -- auction

  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.   History: En. Sec. 10, Ch. 263, L. 2013.
MT Code § 70-29-415 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-415. Report of open-market sale

  70-29-415. Report of open-market sale. (1) Unless required to do so within a shorter time by any other law of this state, a broker appointed under 70-29-412(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under 70-29-410 or 70-29-414.   (2) The report required by subsection (1) must contain the following information:   (a) a description of the property to be sold to each buyer;   (b) the name of each buyer;   (c) the proposed purchase price;   (d) the terms and conditions of the proposed sale, including the terms of any owner financing;   (e) the amounts to be paid to lienholders;   (f) a statement of contractual or other arrangements or conditions of the broker's commission; and   (g) other material facts relevant to the sale.   History: En. Sec. 11, Ch. 263, L. 2013.
MT Code § 70-29-416 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-416. through 70-29-418 reserved

  70-29-416 through 70-29-418 reserved.
MT Code § 70-29-419 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-419. Uniformity of application and construction

  70-29-419. Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 12, Ch. 263, L. 2013.
MT Code § 70-29-420 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 4. Uniform Partition of Heirs Property Act|70-29-420. Relation to Electronic Signatures in Global and National Commerce Act

  70-29-420. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).   History: En. Sec. 13, Ch. 263, L. 2013.
MT Code § 70-30-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 1. General and Substantive Provisions|70-30-101. Eminent domain defined

  70-30-101. Eminent domain defined. Eminent domain is the right of the state to take private property for public use. This right may be exercised in the manner provided in this chapter.   History: En. Sec. 579, p. 189, L. 1877; re-en. Sec. 579, 1st Div. Rev. Stat. 1879; re-en. Sec. 597, 1st Div. Comp. Stat. 1887; amd. Sec. 2210, C. Civ. Proc. 1895; re-en. Sec. 7330, Rev. C. 1907; re-en. Sec. 9933, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1237; re-en. Sec. 9933, R.C.M. 1935; R.C.M. 1947, 93-9901.
MT Code § 70-30-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 1. General and Substantive Provisions|70-30-103. What property may be taken

  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.   History: En. Sec. 582, p. 190, L. 1877; re-en. Sec. 582, 1st Div. Rev. Stat. 1879; re-en. Sec. 600, 1st Div. Comp. Stat. 1887; amd. Sec. 2213, C. Civ. Proc. 1895; re-en. Sec. 7333, Rev. C. 1907; re-en. Sec. 9936, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1240; re-en. Sec. 9936, R.C.M. 1935; R.C.M. 1947, 93-9904; amd. Sec. 53, Ch. 125, L. 2001.