reglab/housing_qa huggingface dataset:
MT Code § 60-6-103 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 6. Highway Encroachments|Part 1. Removal of Encroachments by State Authorities|60-6-103. Encroachment not permanently affixed -- time limit for removal -- penalty

  60-6-103. Encroachment not permanently affixed -- time limit for removal -- penalty. (1) If an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102, the department may begin action under 60-6-104 for its removal at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.   (2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102.   History: En. 32-4413 by Sec. 3, Ch. 231, L. 1975; R.C.M. 1947, 32-4413; amd. Sec. 4, Ch. 303, L. 2019.
MT Code § 60-6-104 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 6. Highway Encroachments|Part 1. Removal of Encroachments by State Authorities|60-6-104. Unpermitted encroachment -- department action

  60-6-104. Unpermitted encroachment -- department action. If an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102, the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department may remove it at the expense of the person who causes, owns, or controls it.   History: En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(1); amd. Sec. 5, Ch. 303, L. 2019.
MT Code § 60-6-105 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 6. Highway Encroachments|Part 1. Removal of Encroachments by State Authorities|60-6-105. Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal

  60-6-105. Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal. (1) If an unpermitted encroachment affixed to the land is not removed by the person who erected or maintains the encroachment within 5 days after receiving notice as provided for in 60-6-102, the department may begin action under 60-6-104 to remove it at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.   (2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102.   History: En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(2); amd. Sec. 6, Ch. 303, L. 2019.
MT Code § 60-7-101 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 1. Fencing of Open Range|60-7-101. Purpose

  60-7-101. Purpose. It is the purpose of 60-7-101 through 60-7-103 to balance the tradition of the open range and the economic and geographic problems of raising livestock with the need for safer highways and the policy of taking all feasible measures to reduce the high incidence of traffic accidents and fatalities on Montana highways.   History: En. 32-2425.1 by Sec. 1, Ch. 255, L. 1974; R.C.M. 1947, 32-2425.1.
MT Code § 60-7-102 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 1. Fencing of Open Range|60-7-102. Definitions

  60-7-102. Definitions. As used in 60-2-208 and 60-7-101 through 60-7-103, the following definitions apply:   (1) A "high-hazard area" is a segment of the primary or secondary highway system passing through open range where livestock move on or across the highway often enough, in enough numbers, and with enough ease of access that the animals create a significant traffic safety hazard. Evidence bearing on whether animals on the highway pose a significant hazard includes, without limitation, past accident records, the opinions of persons qualified by experience to evaluate the relative safety of road conditions, and the terrain around the road.   (2) "Livestock" means cattle, sheep, swine, horses, mules, and goats.   (3) A "low-hazard area" is a segment of the primary or secondary highway system passing through open range that is not a high-hazard area.   (4) "Open range" means those areas of the state where livestock are raised and maintained in sufficient numbers to constitute a significant part of the local or county economy and where livestock graze and move about generally unrestrained by fences.   History: En. Sec. 1, Ch. 311, L. 1969; amd. Sec. 2, Ch. 255, L. 1974; amd. Sec. 91, Ch. 316, L. 1974; R.C.M. 1947, 32-2426(2); amd. Sec. 1, Ch. 204, L. 2001.
MT Code § 60-7-103 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 1. Fencing of Open Range|60-7-103. Department to fence right-of-way through open range -- exception

  60-7-103. Department to fence right-of-way through open range -- exception. (1) Except as provided in subsection (3), the department shall fence the right-of-way of any part of a primary or secondary highway or a county road or bridge that is constructed or reconstructed after July 1, 1969, through open range where livestock present a hazard to the safety of the motorist. When a fence is constructed, adequate stock gates or stock passes, as necessary, must be provided to make land on either side of the highway usable for livestock purposes.   (2) The department shall erect a right-of-way fence in the high-hazard areas where fencing is warranted as promptly as possible, and the cost of the fence construction is an expenditure for the enforcement of federal-aid highway safety programs. Even if a right-of-way fence is determined to be unwarranted pursuant to subsection (3), gates, stock underpasses, water facilities, and cattle guards may be installed where necessary to enhance safety and to make the land on either side of the highway usable for livestock purposes or where a public right-of-way intersects the state highway.   (3) The department is not required to fence the right-of-way of a secondary highway through open range that passes through a county park, provided that:   (a) the department and the board of county commissioners:   (i) agree that the criteria listed in this subsection (3) have been adequately met; and   (ii) cooperate in developing an accident mitigation plan for the portion of the highway that will remain unfenced. The plan may include the speed limit established as provided in 61-8-309 or 61-8-310, how the criteria listed in this subsection (3) have been met, how the plan will be implemented, and any other issues related to minimizing accidents involving livestock and motor vehicles where a fence has not been erected.   (b) livestock grazing does not occur from Memorial Day to Labor Day;   (c) the speed limit established as provided in 61-8-309 or 61-8-310 is clearly posted and enforceable;   (d) warning signs indicating that livestock may be on the road are posted at regular intervals along the road and maintained during the months that livestock grazing occurs;   (e) livestock management practices, such as locating water and administering dietary supplements away from the road and developing grazing and herding plans that minimize the amount of time that livestock are on or near the road, are employed; and   (f) the unfenced portion of the road does not exceed 20 miles in length.   History: (1)En. Sec. 1, Ch. 311, L. 1969; amd. Sec. 2, Ch. 255, L. 1974; amd. Sec. 91, Ch. 316, L. 1974; Sec. 32-2426, R.C.M. 1947; (2)En. 32-2429 by Sec. 5, Ch. 255, L. 1974; Sec. 32-2429, R.C.M. 1947; R.C.M. 1947, 32-2426(1), 32-2429; amd. Sec. 2, Ch. 204, L. 2001.
MT Code § 60-7-201 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 2. Grazing of Livestock on Highways|60-7-201. Grazing livestock on highway unlawful

  60-7-201. Grazing livestock on highway unlawful. A person who owns or possesses livestock may not permit the livestock to graze, remain upon, or occupy a part of the right-of-way of:   (1) a state highway running through cultivated areas or a part of the fenced right-of-way of a state highway if in either case the highway has been designated by agreement between the transportation commission and the secretary of transportation as a part of the national system of interstate and defense highways; or   (2) a state highway designated by agreement between the transportation commission and the secretary of transportation as a part of the federal-aid primary system, except as provided in 60-7-202.   History: En. Sec. 1, Ch. 95, L. 1951; amd. Sec. 1, Ch. 186, L. 1961; Sec. 32-1018, R.C.M. 1947; amd. and redes. 32-21-176 by Sec. 7, Ch. 316, L. 1974; R.C.M. 1947, 32-21-176; amd. Sec. 6, Ch. 75, L. 1995.
MT Code § 60-7-202 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 2. Grazing of Livestock on Highways|60-7-202. Exclusions

  60-7-202. Exclusions. Section 60-7-201 does not apply to the following:   (1) livestock on state highways under the charge of one or more herders;   (2) the parts of fenced highways adjacent to open range where a highway device has not been installed to exclude range livestock;   (3) the parts of a state highway or a part of the federal-aid primary system that the department of transportation designates as being impracticable to exclude livestock. These portions of the highway must be marked by proper signs in accordance with the department's manual and specifications for a uniform system of traffic control devices.   (4) the parts of the secondary highway system that pass through county parks and that meet the criteria established in 60-7-103(3).   History: En. Sec. 2, Ch. 95, L. 1951; amd. Sec. 2, Ch. 186, L. 1961; Sec. 32-1019, R.C.M. 1947; amd. and redes. 32-21-177 by Sec. 8, Ch. 316, L. 1974; R.C.M. 1947, 32-21-177; amd. Sec. 24, Ch. 23, L. 1979; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 204, L. 2001.
MT Code § 60-7-203 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 2. Grazing of Livestock on Highways|60-7-203. Penalty

  60-7-203. Penalty. A person who violates 60-7-201 is guilty of a misdemeanor and is subject to a fine of not less than $5 or more than $100 for each offense. In a civil action for damages caused by collision between a motor vehicle and a domestic animal or animals on a highway brought by the owner, driver, or occupant of a motor vehicle or by their personal representatives or assigns or by the owner of livestock, there is no presumption or inference that the collision was due to negligence on the part of the owner or the person in possession of the livestock or the driver or owner of the vehicle.   History: En. Sec. 3, Ch. 95, L. 1951; amd. Sec. 3, Ch. 186, L. 1961; Sec. 32-1020, R.C.M. 1947; amd. and redes. 32-21-178 by Sec. 9, Ch. 316, L. 1974; R.C.M. 1947, 32-21-178.
MT Code § 60-7-204 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 2. Grazing of Livestock on Highways|60-7-204. Flag escorts -- prohibitions against nighttime herding on public highways

  60-7-204. Flag escorts -- prohibitions against nighttime herding on public highways. A person who owns, controls, or possesses livestock may not herd or drive more than 10 livestock on an interstate or state primary highway unless the livestock is preceded and followed by flag person escorts for the purpose of warning other highway users. Livestock may not be herded or driven on an interstate or state primary highway during nighttime, as that term is defined in 1-1-301, except in a case of emergency. In the case of an emergency during the nighttime, the flag person escorts shall use adequate warning lights, such as but not limited to portable lamps, lanterns, or rotating beacons. This section does not apply during daytime at posted livestock crossings on highways.   History: En. Sec. 1, Ch. 90, L. 1967; Sec. 32-1021, R.C.M. 1947; amd. and redes. 32-21-179 by Sec. 10, Ch. 316, L. 1974; R.C.M. 1947, 32-21-179; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 1933, Ch. 56, L. 2009.
MT Code § 60-7-205 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 7. Livestock on Highways|Part 2. Grazing of Livestock on Highways|60-7-205. Violations

  60-7-205. Violations. A person who violates 60-7-204 is guilty of a misdemeanor.   History: En. Sec. 2, Ch. 90, L. 1967; Sec. 32-1022, R.C.M. 1947; amd. and redes. 32-21-180 by Sec. 11, Ch. 316, L. 1974; R.C.M. 1947, 32-21-180.
MT Code § 60-11-101 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-101. Rail planning

  60-11-101. Rail planning. The department of transportation may administer rail planning activities.   History: En. Sec. 1, Ch. 324, L. 1979; amd. Sec. 16, Ch. 274, L. 1981; amd. Sec. 6, Ch. 512, L. 1991.
MT Code § 60-11-102 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-102. through 60-11-109 reserved

  60-11-102 through 60-11-109 reserved.
MT Code § 60-11-110 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-110. Abandonment defined

  60-11-110. Abandonment defined. For purposes of this part, "abandonment" means the relinquishment of property, both real and personal, and the discontinuance of railroad services. Abandonment may be accomplished by voluntary act or by formal procedure.   History: En. Sec. 1, Ch. 591, L. 1987.
MT Code § 60-11-111 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-111. Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation

  60-11-111. Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation. (1) Identification of those railroad lines proposed for abandonment in the state of Montana that may have potential for local transportation service or future use as transportation corridors is necessary to determine the feasibility of acquisition by the state and to allow the state to negotiate for acquisition of those railroad lines or easements in the lines.   (2) Identification of those railroad branch lines in the state that may have potential for local rail freight transportation service is necessary to determine the feasibility of providing loans or grants to the owner or operator of the railroad line as provided in 60-11-120.   (3) The department of transportation:   (a) shall identify railroad rights-of-way in this state that may be abandoned and research the feasibility of acquisition by the state of Montana of those rights-of-way that may be abandoned;   (b) shall identify, under the state rail planning program, railroad branch lines that should be preserved for continued operation;   (c) may negotiate for and acquire easements in the rights-of-way or the railroad rights-of-way and attendant facilities identified pursuant to subsection (3)(a) and:   (i) hold all acquired lands in trust for transportation purposes; and   (ii) upon creation of an appropriate local authority, other than an agency of state government, shall transfer to the local authority all attendant facilities and all rights and responsibility to operate and maintain transportation services over the lands acquired in subsection (3)(c);   (d) shall cooperate with and assist persons representing recreational, transportation, and utility interests and other interested persons, including adjacent landowners, in acquiring ownership or easement of abandoned railbeds; and   (e) shall establish procedures, including the use of federal funds received for rail freight assistance programs under former 49 U.S.C. 1654, for providing loans and grants under 60-11-120.   (4) Abandoned rights-of-way acquired and held in trust pursuant to subsection (3)(c)(i) must be administered by the department of natural resources and conservation, as prescribed in Title 77, until the land is needed for transportation purposes.   History: En. Secs. 1, 2, Ch. 653, L. 1983; amd. Sec. 1, Ch. 564, L. 1985; amd. Sec. 2, Ch. 509, L. 1991; amd. Sec. 6, Ch. 512, L. 1991; amd. Sec. 1, Ch. 541, L. 1993; amd. Sec. 171, Ch. 418, L. 1995; amd. Sec. 66, Ch. 545, L. 1995; amd. Sec. 2, Ch. 496, L. 2005.
MT Code § 60-11-112 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-112. Definitions

  60-11-112. Definitions. As used in 60-11-111, the following definitions apply:   (1) "Railbed" means the fee or lessor interest in the land 8.5 feet to either side of the centerline of the railroad track.   (2) "Recreational interest" means a local government or a not-for-profit corporation that has as its stated purpose the development, use, or maintenance of public recreational trails.   History: En. Sec. 1, Ch. 509, L. 1991.
MT Code § 60-11-113 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-113. Short title

  60-11-113. Short title. Sections 60-11-113 through 60-11-116 may be cited as the "Montana Essential Freight Rail Act".   History: En. Sec. 1, Ch. 602, L. 2005.
MT Code § 60-11-114 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-114. Purpose

  60-11-114. Purpose. (1) Montana's railroad branch lines provide critical transportation to Montana businesses and communities. These lines are especially important to Montana's agricultural and wood products industries that rely on railroads to transport Montana products to national and international markets. The branch lines are also critical to efforts to increase or expand businesses that process Montana commodities into more valuable products.   (2) A state rail funding program will provide Montana with an important tool to help preserve and enhance Montana's branch lines.   (3) The purpose of sections 60-11-113 through 60-11-116 is to provide low-interest loans to railroads, cities, counties, companies, or regional rail authorities for the purposes provided in 60-11-120 to preserve or enhance cost-effective rail service to Montana communities and businesses.   History: En. Sec. 2, Ch. 602, L. 2005.
MT Code § 60-11-115 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-115. Revolving loan account -- statutory appropriation -- rulemaking

  60-11-115. Revolving loan account -- statutory appropriation -- rulemaking. (1) There is a revolving loan account to be administered by the department. Any interest or income that is earned by the account and loan repayments must be deposited into the revolving loan account unless revenue bonds are issued to fund a loan, in which case the loan repayments must be deposited in the debt service account. The department may request the board of investments to issue revenue bonds, as provided in 60-11-117 through 60-11-119, for the purpose of providing funds for a loan.   (2) The department may make loans from the account pursuant to 60-11-120.   (3) Funds in the account that are deposited pursuant to former 49 U.S.C. 1654 must continue to be managed as local rail freight assistance program funds. Any additional federal funds received for local rail freight assistance programs or for railroad projects must be deposited in the account.   (4) There is statutorily appropriated, as provided in 17-7-502, to the department up to $2 million annually for the purposes of making loans pursuant to 60-11-120.   (5) Loans may not be made if the loan would cause the balance in the account to be less than $500,000.   (6) The department may adopt rules to implement 60-11-113 through 60-11-116.   History: En. Sec. 3, Ch. 602, L. 2005.
MT Code § 60-11-116 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-116. Funding for account

  60-11-116. Funding for account. Federal funds received for local freight assistance programs under former 49 U.S.C. 1654 in an amount up to $1.1 million must be deposited in the account established in 60-11-115.   History: En. Sec. 4, Ch. 602, L. 2005.
MT Code § 60-11-117 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-117. Definitions

  60-11-117. Definitions. As used in 60-11-117 through 60-11-119, the following definitions apply:   (1) "Board" means the board of investments established in 2-15-1808.   (2) "Bonds" means bonds, notes, or other evidences of indebtedness issued pursuant to 60-11-117 through 60-11-119 as essential freight rail revenue bonds.   (3) "Cost", as applied to any project, means any cost of any part of the project pursuant to 60-11-120.   (4) "Projects" means the acquisition, construction, reconstruction, maintenance, and repair of rail lines.   (5) "Revenue" means the revenue from the operation of a rail line loan repayments and any delinquency charges on loan repayments.   History: En. Sec. 7, Ch. 602, L. 2005.
MT Code § 60-11-118 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-118. Revenue bond debt service account -- deposit of bond proceeds

  60-11-118. Revenue bond debt service account -- deposit of bond proceeds. (1) There is in the debt service fund an essential freight rail revenue bond debt service account. The state treasurer shall deposit revenue as may be pledged to the payment of particular bonds to the credit of the essential freight rail revenue bond debt service account as required by resolution or indenture.   (2) All proceeds of an issue of bonds must be deposited in a separate account in the state special revenue fund, except that any premiums and accrued interest received may be deposited in a separate account in the debt service fund established for that bond issue by resolution or indenture. No more than the principal and interest on the bonds due in any year may be retained in the essential freight rail revenue bond debt service account for the payment of bonds. The remainder of pledged revenue is available for authorized purposes of the department. Money deposited in the separate accounts in the state special revenue fund until spent for project purposes may be pledged and appropriated for the payment of bonds, which are a first lien and prior charge upon the funds, and the funds may be used for payment of bonds to the extent that revenue deposited in the essential freight rail revenue bond debt service account are not sufficient for those purposes.   (3) Interest and investment earnings on the separate accounts in subsections (1) and (2) must be retained in the separate accounts referred to in subsection (2).   History: En. Sec. 8, Ch. 602, L. 2005.
MT Code § 60-11-119 (2021)
2021 Montana Code Annotated|Title 60. Highways and Transportation|Chapter 11. Rail Transportation|Part 1. General Provisions|60-11-119. Authority to issue revenue bonds

  60-11-119. Authority to issue revenue bonds. The board may issue and sell essential freight rail revenue bonds to make loans to finance the cost of projects, to pay the costs of issuing the bonds, and to provide for reserves, upon recommendation of the department. The bonds must be issued under Title 17, chapter 5, part 15.   History: En. Sec. 9, Ch. 602, L. 2005.