reglab/housing_qa huggingface dataset:
MT Code § 70-30-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-304. Appeal to district court from assessment of condemnation commissioners

  70-30-304. Appeal to district court from assessment of condemnation commissioners. (1) Any party may appeal from any assessment made by the condemnation commissioners in the court in which the report of the commissioners is filed. The appeal must be taken within 30 days after the service upon the parties of the notice of the filing of the award. The appealing party shall serve notice of the appeal upon the opposing party or the opposing party's attorney and shall file the notice of appeal in the district court in which the action is pending. The appeal must be tried upon the same notice and in the same manner as other civil actions. Unless a jury is waived by the consent of all parties to the appeal, the appeal must be tried by a jury. The amount to which the condemnee may be entitled, by reason of the taking of the condemnee's property, must be reassessed as prescribed in this part for the assessment of that amount by the commissioners.   (2) Upon any verdict or assessment by the commissioners becoming final, judgment must be entered declaring that upon payment of the amount of the verdict or assessment, together with the interests and costs allowed by law, if any, the condemnor has the right to construct and maintain the public use project and to take the property described in the verdict or assessment for the use and purposes for which the property has been taken. The rights granted in the verdict or assessment remain in the condemnor and the condemnor's heirs, successors, or assigns forever.   (3) If the party appealing from the award of the commissioners does not succeed in changing to the appellant's advantage the amount finally awarded in the proceeding, the appellant may not recover the costs of the appeal, but all the costs of the appellee in the appeal must be taxed against and recovered from the appellant. However, upon the trial of the appeal, the appellant may contest the right of any party to any of the property mentioned and set forth or involved in the appeal that was located after the preliminary survey of any highway or railroad, seeking to condemn a right-of-way pursuant to the provisions of this chapter if the condemnation proceedings are begun within 1 year after the preliminary survey.   History: En. Sec. 608, p. 220, L. 1887; re-en. Sec. 2224, C. Civ. Proc. 1895; re-en. Sec. 7344, Rev. C. 1907; re-en. Sec. 9947, R.C.M. 1921; amd. Sec. 1, Ch. 145, L. 1927; re-en. Sec. 9947, R.C.M. 1935; amd. Sec. 7, Ch. 234, L. 1961; R.C.M. 1947, 93-9915; amd. Sec. 69, Ch. 125, L. 2001.
MT Code § 70-30-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation

  70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation. (1) The condemnor shall, within 30 days after an appeal is perfected from the condemnation commissioner's award or report or not more than 60 days after the waiver of appointment of commissioners, submit to the condemnee a written final offer of judgment for the property sought to be taken, together with the accrued necessary expenses of the condemnee. If at any time prior to 10 days before trial the condemnee serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service of the acceptance, and judgment must be entered. An offer not accepted is considered withdrawn and evidence of the offer is not admissible at the trial except in a proceeding to determine costs. The fact that an offer is made but not accepted does not preclude a subsequent offer.   (2) In the event of litigation and when the condemnee prevails either by the court not allowing condemnation or by the condemnee receiving an award in excess of the final written offer of the condemnor that was rejected pursuant to the facts necessary in 70-30-111(1)(d), the court shall award necessary expenses of litigation to the condemnee.   History: En. 93-9921.1 by Sec. 1, Ch. 453, L. 1973; R.C.M. 1947, 93-9921.1; amd. Sec. 2, Ch. 8, L. 1979; amd. Sec. 70, Ch. 125, L. 2001; amd. Sec. 5, Ch. 371, L. 2013.
MT Code § 70-30-306 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-306. Necessary expenses of litigation defined

  70-30-306. Necessary expenses of litigation defined. (1) Necessary expenses of litigation as authorized by 70-30-305 mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs.   (2) Reasonable and necessary attorney fees are the customary hourly rates for an attorney's services in the county in which the trial is held. Reasonable and necessary attorney fees must be computed on an hourly basis and may not be computed on the basis of any contingent fee contract.   (3) Reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that expertise in the county in which the trial is held.   History: En. 93-9921.2 by Sec. 1, Ch. 48, L. 1977; R.C.M. 1947, 93-9921.2; amd. Sec. 71, Ch. 125, L. 2001.
MT Code § 70-30-307 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-307. When payment of compensation to be made -- deposit of bond

  70-30-307. When payment of compensation to be made -- deposit of bond. In a proceeding for condemnation for a railroad, the condemnor shall within 30 days after final judgment pay the sum of money assessed but may at the time of or before the payment elect to build any required fences and cattle guards. A condemnor who elects to build the required fences and cattle guards shall execute to the condemnee a bond with sureties to be approved by the court, in double the assessed cost of the fences and cattle guards, conditioned upon building the fences and cattle guards within 8 months from the time the railroad is built on the land taken. If the bond is given, the condemnor is not required to pay the cost of the fences and cattle guards. In an action on the bond, the condemnee may recover reasonable attorney fees.   History: En. Sec. 593, p. 194, L. 1877; re-en. Sec. 593, 1st Div. Rev. Stat. 1879; re-en. Sec. 611, 1st Div. Comp. Stat. 1887; amd. Sec. 2226, C. Civ. Proc. 1895; re-en. Sec. 7346, Rev. C. 1907; re-en. Sec. 9949, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1251; re-en. Sec. 9949, R.C.M. 1935; R.C.M. 1947, 93-9917; amd. Sec. 72, Ch. 125, L. 2001.
MT Code § 70-30-308 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-308. How payment made -- execution or annulment for nonpayment

  70-30-308. How payment made -- execution or annulment for nonpayment. (1) Payment may be made to the condemnee, or the money may be deposited in court for the condemnee and be distributed pursuant to the assessment or judgment. However, at the option of the condemnee, payments may be made:   (a) on an annual basis, using the installment contract method; or   (b) if other land is reasonably available and the condemnor consents, by means of a land exchange between the condemnee and condemnor if the land to be provided by the condemnor in the exchange is of equal or more value than the land being condemned.   (2) If the money is not paid or deposited, the condemnee may have execution as in civil cases, and if the money cannot be executed upon, the court, upon a showing to that effect, shall set aside and annul the entire proceedings and restore possession of the property to the condemnee if possession has been taken by the condemnor.   History: En. Sec. 594, p. 194, L. 1877; re-en. Sec. 594, 1st Div. Rev. Stat. 1879; re-en. Sec. 612, 1st Div. Comp. Stat. 1887; re-en. Sec. 2227, C. Civ. Proc. 1895; re-en. Sec. 7347, Rev. C. 1907; re-en. Sec. 9950, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1252; re-en. Sec. 9950, R.C.M. 1935; R.C.M. 1947, 93-9918; amd. Sec. 3, Ch. 531, L. 1981; amd. Sec. 8, Ch. 622, L. 1983; amd. Sec. 73, Ch. 125, L. 2001.
MT Code § 70-30-309 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-309. Final order of condemnation -- contents -- vesting upon filing

  70-30-309. Final order of condemnation -- contents -- vesting upon filing. (1) When payments have been made and the bond, if appropriate, has been given as required by 70-30-307 and 70-30-308, the court shall make a final order of condemnation. The order must describe the property condemned, the purposes of the condemnation, and any appropriate payment for damages to the property actually taken as well as to any remaining parcel of property that may be adversely affected by the taking.   (2) A copy of the order must be filed in the office of the county clerk and recorder, and upon filing, the property described in the order vests in the condemnor for the purposes specified in the order.   History: En. Sec. 595, p. 195, L. 1877; re-en. Sec. 595, 1st Div. Rev. Stat. 1879; re-en. Sec. 613, 1st Div. Comp. Stat. 1887; re-en. Sec. 2228, C. Civ. Proc. 1895; re-en. Sec. 7348, Rev. C. 1907; re-en. Sec. 9951, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1253; re-en. Sec. 9951, R.C.M. 1935; R.C.M. 1947, 93-9919; amd. Sec. 9, Ch. 622, L. 1983; amd. Sec. 4, Ch. 20, L. 2001; amd. Sec. 74, Ch. 125, L. 2001.
MT Code § 70-30-310 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-310. New proceedings to cure defective title

  70-30-310. New proceedings to cure defective title. If the title to property attempted to be acquired is found to be defective from any cause, the condemnor may again institute proceedings to acquire the property, as prescribed in this chapter.   History: En. Sec. 592, p. 194, L. 1877; re-en. Sec. 592, 1st Div. Rev. Stat. 1879; re-en. Sec. 610, 1st Div. Comp. Stat. 1887; re-en. Sec. 2225, C. Civ. Proc. 1895; re-en. Sec. 7345, Rev. C. 1907; re-en. Sec. 9948, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1250; re-en. Sec. 9948, R.C.M. 1935; R.C.M. 1947, 93-9916; amd. Sec. 75, Ch. 125, L. 2001.
MT Code § 70-30-312 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-312. Appeal to supreme court

  70-30-312. Appeal to supreme court. (1) Any party interested in the proceedings can appeal to the supreme court from any finding or judgment made or rendered under this chapter, as in other cases.   (2) An appeal does not stay any further proceedings under this chapter, except that the district court on motion or ex parte may grant a stay for a period of time and under conditions that the court considers proper.   History: En. Sec. 583, p. 191, L. 1877; re-en. Sec. 583, 1st Div. Rev. Stat. 1879; re-en. Sec. 601, 1st Div. Comp. Stat. 1887; amd. Sec. 2214, C. Civ. Proc. 1895; re-en. Sec. 7334, Rev. C. 1907; re-en. Sec. 9937, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1241; re-en. Sec. 9937, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-9905(part); amd. Sec. 77, Ch. 125, L. 2001.
MT Code § 70-30-313 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-313. Current fair market value

  70-30-313. Current fair market value. Current fair market value is the price that would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors:   (1) the highest and best reasonably available use and its value for such use, provided current use may not be presumed to be the highest and best use;   (2) the machinery, equipment, and fixtures forming part of the real estate taken; and   (3) any other relevant factors as to which evidence is offered.   History: En. Sec. 4, Ch. 531, L. 1981; amd. Sec. 11, Ch. 622, L. 1983.
MT Code § 70-30-314 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-314. Weed control responsibility

  70-30-314. Weed control responsibility. The condemnor, upon taking possession of the land, is responsible for the control and destruction of noxious weeds on the land until natural grasses have taken over the property and noxious weeds have ceased to exist.   History: En. Sec. 5, Ch. 531, L. 1981; amd. Sec. 78, Ch. 125, L. 2001.
MT Code § 70-30-315 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-315. Proration of taxes

  70-30-315. Proration of taxes. The condemnor must be assessed the condemnor's pro rata share of taxes for the land being taken as of the date of possession or summons, whichever occurs first. The condemnor must be assessed for all taxes accruing after the date of possession or summons, whichever occurs first.   History: En. Sec. 6, Ch. 531, L. 1981; amd. Sec. 79, Ch. 125, L. 2001.
MT Code § 70-30-316 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-316. through 70-30-320 reserved

  70-30-316 through 70-30-320 reserved.
MT Code § 70-30-321 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-321. Sale of property acquired for public use when use abandoned -- procedure

  70-30-321. Sale of property acquired for public use when use abandoned -- procedure. (1) Except as provided in subsection (3), whenever a person who has acquired a real property interest for a public use, whether by right of eminent domain or otherwise, abandons the public use and places the property interest for sale, the seller may sell the interest to the highest bidder at public auction.   (2) If the seller decides to sell an interest in real property as set forth in subsection (1), the seller shall publish notice of the public sale in a newspaper published in the county in which the real property is located once a week for 4 successive weeks. The sale must be held in the county where the real property is located. The notice of sale must contain the information required by 77-2-322.   (3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.   History: En. Sec. 1, Ch. 440, L. 1981; amd. Sec. 1, Ch. 689, L. 1983; amd. Sec. 80, Ch. 125, L. 2001.
MT Code § 70-30-322 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-322. Option of original owner or successor in interest to purchase at sale price

  70-30-322. Option of original owner or successor in interest to purchase at sale price. (1) Except as provided in subsection (3), the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner's successor in interest, if there is a successor in interest, must be notified by the seller by certified mail and has a 30-day option from the date of a sale provided for in 70-30-321 to purchase the interest by offering an amount of money equal to the highest bid received for the interest at the sale.   (2) If bids are not received by the seller and the optionholder indicates in writing to the seller that the optionholder wishes to exercise the option, the seller must have the real property interest appraised and shall sell the interest at that price to the optionholder.   (3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.   History: En. Sec. 2, Ch. 440, L. 1981; amd. Sec. 2, Ch. 689, L. 1983; amd. Sec. 4, Ch. 666, L. 1985; amd. Sec. 81, Ch. 125, L. 2001; amd. Sec. 4, Ch. 512, L. 2007.
MT Code § 70-30-323 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 30. Eminent Domain|Part 3. Hearing, Judgment, and Subsequent Proceedings|70-30-323. Liability limitation -- several liability -- defense costs

  70-30-323. Liability limitation -- several liability -- defense costs. (1) Subject to subsection (2), a condemnee or a condemnee's successor in interest is not liable for damages that result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest unless the negligence or intentional conduct of the condemnee or the condemnee's successor in interest is a cause of the damages.   (2) A condemnee or a condemnee's successor in interest who is liable for damages under subsection (1) is severally liable only and is responsible only for the percentage of negligence attributable to the condemnee or the condemnee's successor in interest.   (3) If a condemnee or a condemnee's successor in interest is joined in an action for damages that are alleged to result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest, the project owner or operator is liable for the costs and attorney fees incurred by the condemnee or the condemnee's successor in interest unless the condemnee or the condemnee's successor in interest is found liable for damages under subsections (1) and (2).   History: En. Sec. 1, Ch. 113, L. 2001.
MT Code § 70-31-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-101. Purpose

  70-31-101. Purpose. It is the purpose of this chapter to:   (1) provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms as a result of federally assisted programs;   (2) establish uniform and equitable land acquisition policies for federally assisted programs; and   (3) comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.   History: En. Sec. 1, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9927; amd. Sec. 1, Ch. 374, L. 1989.
MT Code § 70-31-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-103. Application to all federally assisted programs

  70-31-103. Application to all federally assisted programs. This chapter shall apply to all acquisitions of real property by an agency for a program or project for which federal financial assistance is available to pay all or any part of the cost.   History: En. Sec. 18, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9944.
MT Code § 70-31-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-104. New rights and powers not created

  70-31-104. New rights and powers not created. (1) This chapter may not be construed as creating, in any condemnation proceedings brought under the power of eminent domain as provided in Title 70, chapter 30, any element of value or damage that is not in existence immediately prior to July 1, 1971.   (2) This chapter may not be construed as, directly or indirectly, granting any new or additional power of eminent domain.   History: En. Sec. 17, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9943(2), (3); amd. Sec. 83, Ch. 125, L. 2001.
MT Code § 70-31-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-105. Duplication of eminent domain payments not intended

  70-31-105. Duplication of eminent domain payments not intended. A payment or assistance provided for in this chapter may not be required to be made by an agency if the displaced person receives a payment required under Title 60, chapter 4, or Title 70, chapter 30, that is determined by the agency to have substantially the same purpose and effect as a payment under this chapter.   History: En. Sec. 16, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9942; amd. Sec. 84, Ch. 125, L. 2001.
MT Code § 70-31-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-106. Payments not income under tax laws or other assistance laws

  70-31-106. Payments not income under tax laws or other assistance laws. No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility of any person for assistance under any state law or for the purposes of determining income under state tax laws.   History: En. Sec. 9, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9935.
MT Code § 70-31-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-107. through 70-31-110 reserved

  70-31-107 through 70-31-110 reserved.
MT Code § 70-31-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 1. General Provisions|70-31-111. Rulemaking authority

  70-31-111. Rulemaking authority. An agency, as defined in 2-3-102, is authorized to adopt necessary rules to implement this chapter.   History: En. Sec. 4, Ch. 374, L. 1989.
MT Code § 70-31-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-201. Repealed

  70-31-201. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 3, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9929.
MT Code § 70-31-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-202. Repealed

  70-31-202. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 4, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9930.
MT Code § 70-31-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-203. Repealed

  70-31-203. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 5, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9931.
MT Code § 70-31-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-204. Repealed

  70-31-204. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 6, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9932.
MT Code § 70-31-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-205. Repealed

  70-31-205. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Secs. 7, 17, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9933, 93-9943(1).
MT Code § 70-31-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 31. Relocation Assistance Fair Treatment of Condemnees|Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed)|70-31-206. Repealed

  70-31-206. Repealed. Sec. 6, Ch. 374, L. 1989.   History: En. Sec. 8, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9934.