reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-103. Purposes for which property acquired

60-4-103. Purposes for which property acquired.
The acquisition of lands or other property or any interest therein for present or future highway purposes includes but is not limited to any of the following purposes:
(1) for rights-of-way, including those necessary for highways within cities;
(2) for exchanging lands or other property or any interest therein for other such lands or interests for rights-of-way or other authorized purposes. The right of eminent domain shall not be exercised for this purpose.
(3) for deposits of road building materials, including rock, gravel, sand, and earth, for reasonably foreseeable future road-building purposes and uses. The right of eminent domain shall not be exercised to acquire any such deposits which constitute a component part of an existing private business enterprise.
(4) for offices, weighing stations, shops, storage yards, buildings, rest areas, informational sites, or communication facilities;
(5) for parks adjoining or near any highway;
(6) for the culture and support of trees or shrubs which benefit any highway by aiding in the maintenance and preservation of the roadbed;
(7) for drainage in connection with any highway;
(8) for the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public;
(9) for the construction and maintenance of stock lanes or trails;
(10) for the construction and maintenance or replacement of private or public drainage systems or natural water or drainage courses made necessary by highway construction;
(11) for providing land or other real property easements or rights-of-way for necessary relocation of existing utilities, utility easements, or other easements for facilities or purposes then in place or in effect upon a proposed right-of-way.
History: En. Sec. 8-103, Ch. 197, L. 1965; R.C.M. 1947, 32-3903.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-105. Acquisition of whole parcel -- sale of excess

60-4-105. Acquisition of whole parcel -- sale of excess.
(1) Whenever any interest in a part of a parcel of land or other real property is to be acquired for highway purposes leaving the remainder in a shape or condition as to be of little market value or to give rise to claims or litigation over severance or other damage, the department may acquire the whole parcel. It may sell or exchange the remainder for other property needed for highway purposes.
(2) Whenever a part of a parcel of land acquired for highway purposes is in a shape or size as to come within the Montana Subdivision and Platting Act, the department shall prepare and file the required plat in the office of the county clerk and recorder.
History: En. Sec. 8-105, Ch. 197, L. 1965; amd. Sec. 128, Ch. 316, L. 1974; R.C.M. 1947, 32-3905; amd. Sec. 19, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-106. Power to acquire for future

60-4-106. Power to acquire for future.
(1) The power conferred by this chapter to acquire interests in lands or other real property includes power to acquire for reasonably foreseeable future needs.
(2) The department may lease unused portions of lands or other real property which are held for highway purposes and interstate highway rights-of-way which are not presently needed for highway purposes on the terms and conditions which it decides. The department may repair, maintain, and care for the property in order to secure rent from it.
(3) All rent received shall be deposited to the credit of the department.
History: En. Sec. 8-106, Ch. 197, L. 1965; amd. Sec. 129, Ch. 316, L. 1974; R.C.M. 1947, 32-3906.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-107. Road-building materials

60-4-107. Road-building materials.
(1) A right-of-way or easement acquired by the department for construction, operation, repair, reconstruction, or maintenance of highways includes, among others, the right to use, remove, relocate, redistribute, or otherwise dispose of gravel and other road-building materials found or located within the boundaries of the right-of-way or easement.
(2) For the purposes of this chapter, the gravel or materials are considered to be real property and not minerals.
History: En. Sec. 8-107, Ch. 197, L. 1965; amd. Sec. 130, Ch. 316, L. 1974; R.C.M. 1947, 32-3907.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-108. No compensation in certain cases -- exceptions

60-4-108. No compensation in certain cases -- exceptions.
(1) Whenever the department files a description and plan as provided in 60-2-209, no consideration, allowance, or assessment of values or compensation shall be made in the purchase or condemnation of buildings or improvements or subdivisions placed or erected on the land covered by the plan after the filing.
(2) The establishment of the highway location covered by the description and plan shall be ineffective 1 year after filing if no action to condemn or acquire the property has been commenced.
(3) Nothing in this section or in 60-2-209 applies to crops or similar improvements planted on the lands described. They are governed by 70-30-302.
History: En. Sec. 8-108, Ch. 197, L. 1965; amd. Sec. 131, Ch. 316, L. 1974; R.C.M. 1947, 32-3908.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-109. Irrigable lands rendered unusable -- unpaid construction costs

60-4-109. Irrigable lands rendered unusable -- unpaid construction costs.
(1) Whenever the department acquires irrigable land for highway purposes or so acquires land as to render other irrigable land unusable for irrigation, it shall pay to the owner of the irrigation or drainage project, in addition to other sums allowed by law, a proportionate share of the unpaid construction costs of the project or drainage district.
(2) The department shall also pay a lump-sum amount to the district sufficient to produce, on an amortized basis for a reasonable period not to exceed 90 years, a sum of money equal to the annual increase in operation and maintenance costs against the remaining lands under irrigation in the district resulting from the severance from the district of the lands acquired by the department and not overcome by bringing new or additional land under irrigation. For the purpose of determining the amount of the lump-sum payment, the annual operation and maintenance assessment of the district shall be considered to be the average for the 5 years, or so many years as the district has assessment experience if less than 5 years, preceding the date of acquisition.
History: En. Sec. 8-116, Ch. 197, L. 1965; amd. Sec. 1, Ch. 299, L. 1969; amd. Sec. 139, Ch. 316, L. 1974; R.C.M. 1947, 32-3916.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-110. Highway crossing railroad, canal, or ditch

60-4-110. Highway crossing railroad, canal, or ditch.
(1) Whenever any commission-designated highway system or state highway is laid out on public lands across any railroad, canal, or ditch, the owners or users thereof must, at their expense, prepare the railroad, canal, or ditch so that the highway may cross it without damage or delay.
(2) When the right to cross is obtained through the judgment of any court, no damages may be awarded.
History: En. Sec. 8-118, Ch. 197, L. 1965; R.C.M. 1947, 32-3918; amd. Sec. 19, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-111. Acquisition of property for controlled-access facility

60-4-111. Acquisition of property for controlled-access facility.
(1) The highway authorities of the state, counties, incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. Such rights may include rights of access, air, view, and light. They may be acquired by gift, devise, purchase, or condemnation, in the same manner as may now or hereafter be authorized by law for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.
(2) A right-of-way is hereby given, dedicated, and set apart for controlled-access highways or controlled-access facilities through, over, upon, or across any county road and any street or alley intersecting a controlled-access highway. Acquisition of any county road, street, or alley for use as a controlled-access highway or controlled-access facility shall be deemed a superior and more necessary public use and purpose than the public use or purpose to which such road, street, or alley has theretofore been dedicated.
History: En. Sec. 8-120, Ch. 197, L. 1965; R.C.M. 1947, 32-3920.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-201. Exchange of interest in real property

60-4-201. Exchange of interest in real property.
(1) The department may determine that an interest in real property, however acquired by it, is no longer necessary to the laying out, altering, construction, improvement, or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218, the department may then exchange the interest, either as entire or partial consideration, for any other interest in real property needed for highway purposes. The department may establish the manner and terms and conditions for the exchange.
(2) Except as provided in 60-4-213 through 60-4-218, prior to making the exchange, the department shall notify all landowners whose property is adjacent to the land proposed for exchange. If any of the landowners are interested in buying the land proposed for exchange, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of exchange from the department. Upon receipt of a notice of interest, the department shall offer the land proposed for exchange for sale as provided in 60-4-202 and 60-4-203.
(3) The department may enter into an arrangement for exchange solely with a municipality or county for an interest in real property that is a public right-of-way used for transportation purposes. The department may transfer the interest to the municipality or county in exchange for the municipality or county assuming full interest and maintenance authority upon the following conditions:
(a) the real property must be maintained as a public right-of-way for transportation purposes; and
(b) no portion of the interest may be sold to or exchanged with private entities.
History: En. Sec. 8-109, Ch. 197, L. 1965; amd. Sec. 132, Ch. 316, L. 1974; R.C.M. 1947, 32-3909; amd. Sec. 1, Ch. 279, L. 2001; amd. Sec. 8, Ch. 226, L. 2005; amd. Sec. 2, Ch. 342, L. 2007.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-202. Sale of interest in real property

60-4-202. Sale of interest in real property.
(1) The department may sell an interest in real property if the department determines that the property is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 60-4-203.
(2) (a) The department may sell an interest in real property without a public auction directly to:
(i) a federal, state, tribal, or local government;
(ii) an agency of government;
(iii) a school district; or
(iv) a unit of the Montana university system.
(b) The department shall obtain fair market value for the property.
(3) Except as provided in 60-4-213 through 60-4-218, before the department sells an interest in real property as provided in subsection (2), the department shall notify all landowners whose property is adjacent to the land proposed for sale. If any of the landowners are interested in buying the land proposed for sale, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of sale from the department. Upon receipt of a notice of interest, the department shall offer the land for sale as provided in 60-4-203 and this section.
History: En. Sec. 8-110, Ch. 197, L. 1965; amd. Sec. 133, Ch. 316, L. 1974; R.C.M. 1947, 32-3910; amd. Sec. 1, Ch. 305, L. 1981; amd. Sec. 1, Ch. 232, L. 1995; amd. Sec. 2, Ch. 279, L. 2001; amd. Sec. 9, Ch. 226, L. 2005; amd. Sec. 1, Ch. 88, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-203. Conduct of sale

60-4-203. Conduct of sale.
(1) Except as provided in 60-4-213 through 60-4-218, the department shall publish notice of the sale once a week for 4 successive weeks in a newspaper published in the county in which the interest is located and on the department's website. The sale may be held in person in the county where the property is located or through an online auction.
(2) The notice of sale must contain:
(a) the day, date, and time of the beginning of the sale;
(b) a list of all the tracts to be offered for sale with the legal description, which includes the township and range, section number, and subdivision, or reference to the block and lot if surveyed;
(c) the number of acres in unplatted lands;
(d) the appraised value per acre and the appraised value of each lot;
(e) a quarter section listing of nonirrigable farm lands, with grazing lands listed in larger tracts not exceeding one section;
(f) a consecutive series of sales numbers for advertised tracts, if appropriate; and
(g) the terms and conditions of the sale and any additional information the department considers useful.
(3) Except as provided in 60-4-213 through 60-4-218, before the sale of an interest having a value in excess of $10,000, the department must have the interest appraised at a price representing a fair market value. The appraised value must be stated in the published notice.
(4) Except as provided in 60-4-213 through 60-4-218, a sale of an interest may not be made unless it has been appraised within 6 months prior to the date of the sale. A sale may not be made for less than 90% of the appraised value.
(5) Except as provided in 60-4-213 through 60-4-218, title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.
History: En. Sec. 8-111, Ch. 197, L. 1965; amd. Sec. 1, Ch. 21, L. 1974; amd. Sec. 134, Ch. 316, L. 1974; R.C.M. 1947, 32-3911; amd. Sec. 20, Ch. 23, L. 1979; amd. Sec. 2, Ch. 305, L. 1981; amd. Sec. 2, Ch. 232, L. 1995; amd. Sec. 3, Ch. 279, L. 2001; amd. Sec. 10, Ch. 226, L. 2005; amd. Sec. 1, Ch. 170, L. 2019; amd. Sec. 2, Ch. 88, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-204. Repealed

60-4-204. Repealed.
Sec. 3, Ch. 232, L. 1995.
History: En. Sec. 8-112, Ch. 197, L. 1965; amd. Sec. 135, Ch. 316, L. 1974; R.C.M. 1947, 32-3912.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-205. Private sale if no bid or offer

60-4-205. Private sale if no bid or offer.
(1) If, after proper notice is published, the department does not receive a bid at public sale or an offer from the original owner or the owner's successor in interest, it may at any time sell the interest at private sale. At the sale, the department may accept as the purchase price an amount of money not less than 90% of the appraised value.
(2) Title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.
History: En. Sec. 8-113, Ch. 197, L. 1965; amd. Sec. 136, Ch. 316, L. 1974; R.C.M. 1947, 32-3913; amd. Sec. 21, Ch. 23, L. 1979; amd. Sec. 1931, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-206. Sale of personal property and printed matter

60-4-206. Sale of personal property and printed matter.
(1) The department may sell at public or private sale, as it determines, an interest in personal property, however acquired by it, which it determines is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway.
(2) The department may sell at public or private sale, as it determines, maps, books, pamphlets, or other printed matter prepared or acquired by the department. The department may sell copies of highway records to the public and may set reasonable prices for them.
(3) The proceeds from sales made under this section shall be paid into the state treasury to the credit of the department.
History: En. Sec. 8-114, Ch. 197, L. 1965; amd. Sec. 137, Ch. 316, L. 1974; R.C.M. 1947, 32-3914.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-207. Conveyances -- execution and contents

60-4-207. Conveyances -- execution and contents.
(1) Land or an interest in land sold by the department may be conveyed only when full payment has been made for it. Except as provided in subsection (2), land or an interest in land must be conveyed by a deed or patent of conveyance without covenants, stating that the deed or patent was issued under this chapter.
(2) (a) Land or an interest in land that has been constructed, altered, or otherwise used to satisfy wetland mitigation requirements of federal laws or regulations may be conveyed with a perpetual conservation easement that contains the wetland mitigation credit for the department.
(b) (i) The conservation easement must be held by a qualified easement holder defined, for the purpose of this part, as a private, nonprofit organization, a land trust, or a state or federal agency.
(ii) The terms of any agreement to access the wetland mitigation site may not be expanded without the consent of the landowner of the property to which the access agreement applies.
(3) The deed or patent must contain a reservation of easements for rights-of-way for the benefit of the United States and all other reservations to which the land conveyed may be subject.
(4) The deed or patent must be signed by the governor or, in case of the governor's absence or inability, the lieutenant governor. The signature must be attested by the secretary of state and have attached the great seal of the state. The signature need not be acknowledged.
History: En. Sec. 8-115, Ch. 197, L. 1965; amd. Sec. 138, Ch. 316, L. 1974; R.C.M. 1947, 32-3915; amd. Sec. 1, Ch. 386, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-208. Abandonment or vacation of commission-designated highway system or state highways

60-4-208. Abandonment or vacation of commission-designated highway system or state highways.
Every commission-designated highway system or state highway once established must continue until abandoned or vacated by operation of law or by judgment of a court of competent jurisdiction or by a proper order of the commission.
History: En. Sec. 8-117, Ch. 197, L. 1965; R.C.M. 1947, 32-3917; amd. Sec. 20, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-209. Abandoned highway property -- title vests in contiguous owner

60-4-209. Abandoned highway property -- title vests in contiguous owner.
(1) Except as provided in 60-4-213 through 60-4-218, upon abandonment by the state in the manner provided in subsection (2) of an interest in real property acquired for the purpose of establishment of a highway, the owner of contiguous real property or the owner's successor in interest is vested with the abandoned interest to the extent provided in subsection (3).
(2) For the purposes of this section:
(a) a fee simple interest may be abandoned only by the proper order of the commission; and
(b) an interest of less than fee simple may be abandoned in the manner provided in subsection (2)(a), by operation of law, and by judgment of a court of competent jurisdiction.
(3) Except as provided in 60-4-213 through 60-4-218, the interest acquired by the contiguous property owner under subsection (1) is the abandoned interest or portion of the interest:
(a) if there are different contiguous property owners on each side of the abandoned interest, bounded on one side by the contiguous property and on the remaining two opposite sides by lines following the shortest distance from the extreme ends of the contiguous property abutting upon the abandoned interest to the center of the abandoned interest; and
(b) if the owners of the contiguous property on each side of the abandoned interest are the same, bounded on two opposite sides by the contiguous properties and on the two remaining opposite sides by lines following the shortest distance from the extreme ends of the contiguous property on one side of the abandoned interest to the extreme ends of the contiguous property on the other side of the abandoned interest.
(4) For the purpose of this section, an interest in property abandoned by a proper order of the commission includes an interest in property that the commission determines to be unnecessary to the laying out, altering, construction, improvement, or maintenance of a highway, whether or not the commission determines to sell the interest.
(5) Except as provided in 60-4-213 through 60-4-218, the interest acquired by a contiguous property owner under subsection (3) is conditioned upon the use of the property for agricultural or noncommercial purposes. If the property is used for commercial purposes or for purposes of future subdivision or other similar development, the property must revert to the state for sale pursuant to this part. This restriction applies to all subsequent holders of title to the property.
History: En. Sec. 1, Ch. 423, L. 1983; amd. Sec. 11, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-213. Purpose

60-4-213. Purpose.
The purpose of 60-4-213 through 60-4-218 is to provide for the abandonment of an interest in real property that the department has determined is not necessary to the laying out, altering, construction, improvement, or maintenance of a road or highway. The current abandonment statute, 60-4-209, does not provide for abandonment of only a portion of the right-of-way or for abandonment of highway property where the contiguous property has been subdivided prior to abandonment.
History: En. Sec. 1, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-214. Definitions

60-4-214. Definitions.
As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply:
(1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission.
(2) "Abandonment" means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim or use the right-of-way again.
(3) "Contiguous property" means subdivided parcels along one side of the length of the remainder.
(4) "Remainder" means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.
(5) "Subject property" means that portion of highway right-of-way for which abandonment is sought.
History: En. Sec. 2, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-215. Application of other laws

60-4-215. Application of other laws.
(1) The provisions of 60-2-107(1) through (3), 60-4-201, 60-4-202, 60-4-203, and 60-4-209(1) and (3) through (5) do not apply to abandonment under 60-4-213 through 60-4-218.
(2) The provisions of 60-2-107(4) and (5) apply to abandonment under 60-4-213 through 60-4-218 to the extent that reasonable access must remain after the abandonment.
History: En. Sec. 3, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-216. Procedure for abandonment

60-4-216. Procedure for abandonment.
(1) Upon receipt of a petition, in writing, for the abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder.
(2) The department shall prepare an order of abandonment to propose to the commission.
(3) The proposed order must state that the subject property is subject to all easements and utilities apparent or of record.
(4) Before abandoning the subject property, the commission shall notify the board of county commissioners in writing of its intent to abandon the subject property and shall hold a public hearing in the county or counties affected by the abandonment.
(5) The commission shall publish the notice of proposed abandonment and public hearing for 3 successive weeks in local newspapers within the county.
(6) The commission, in its sole discretion, may enter an order abandoning the subject property.
(7) The order with exhibits attached must be recorded by the department in the office of the clerk and recorder in the county or counties in which the subject property is located.
History: En. Sec. 4, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-217. Criteria for abandonment

60-4-217. Criteria for abandonment.
(1) Subject to subsection (2), the commission shall enter an order abandoning the subject property upon finding that:
(a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;
(b) a remainder exists to provide reasonable access; and
(c) at least one of the following applies:
(i) the disposal qualifies as an exception to 23 CFR 710.403(d);
(ii) reimbursement of federal funds is not required; or
(iii) the commission agrees to any required reimbursement of federal funds.
(2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.
History: En. Sec. 5, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 2. Disposition of Property › 60-4-218. Title

60-4-218. Title.
(1) The department is not responsible for apportioning the abandoned interest among the owners of the contiguous property, and the provisions of 60-4-209(3) do not apply to this abandonment.
(2) By consummating the abandonment, neither the department nor the commission gives the covenants set forth in 30-11-110 or warrants title.
(3) The interest acquired by each owner of contiguous property is the abandoned interest in the subject property between the extension of the boundaries of the contiguous property, extending on the same course and intersecting with the linear boundary of the remainder.
History: En. Sec. 6, Ch. 226, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-301. Repealed

60-4-301. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 3, Ch. 212, L. 1969; amd. Sec. 140, Ch. 316, L. 1974; R.C.M. 1947, 32-3923.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-302. Repealed

60-4-302. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 4, Ch. 212, L. 1969; amd. Sec. 141, Ch. 316, L. 1974; R.C.M. 1947, 32-3924.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-303. Repealed

60-4-303. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 5, Ch. 212, L. 1969; amd. Sec. 2, Ch. 426, L. 1971; amd. Sec. 142, Ch. 316, L. 1974; R.C.M. 1947, 32-3925(a), (b).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-304. Repealed

60-4-304. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 5, Ch. 212, L. 1969; amd. Sec. 2, Ch. 426, L. 1971; amd. Sec. 142, Ch. 316, L. 1974; R.C.M. 1947, 32-3925(c).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-305. Repealed

60-4-305. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 6, Ch. 212, L. 1969; amd. Sec. 3, Ch. 426, L. 1971; amd. Sec. 143, Ch. 316, L. 1974; R.C.M. 1947, 32-3926.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-306. Repealed

60-4-306. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 7, Ch. 212, L. 1969; amd. Sec. 4, Ch. 426, L. 1971; amd. Sec. 144, Ch. 316, L. 1974; R.C.M. 1947, 32-3927.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-307. Repealed

60-4-307. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 8, Ch. 212, L. 1969; amd. Sec. 145, Ch. 316, L. 1974; amd. Sec. 1, Ch. 143, L. 1977; R.C.M. 1947, 32-3928.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-308. Repealed

60-4-308. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 9, Ch. 212, L. 1969; amd. Sec. 5, Ch. 426, L. 1971; amd. Sec. 146, Ch. 316, L. 1974; R.C.M. 1947, 32-3929.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-309. Repealed

60-4-309. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 10, Ch. 212, L. 1969; amd. Sec. 147, Ch. 316, L. 1974; R.C.M. 1947, 32-3930.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 3. Relocation of Displaced Persons (Repealed) › 60-4-310. Repealed

60-4-310. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 11, Ch. 212, L. 1969; amd. Sec. 148, Ch. 316, L. 1974; R.C.M. 1947, 32-3931.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 4. Relocation of Utilities › 60-4-401. Occupancy and relocation -- definitions

60-4-401. Occupancy and relocation -- definitions.
For the purposes of this part, unless otherwise indicated, the following definitions apply:
(1) (a) "Cost of relocation" means the amount paid by the utility for material, labor, and equipment properly attributable to the relocation after deducting any increase in the value of the new facility and any salvage value derived from the old facility.
(b) "Cost of relocation" does not mean engineering costs for designing, locating, staking, inspecting, or any other incidental costs of engineering.
(2) "Facility" means a utility's tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances impacted by a project on a commission-designated highway system or state highway.
(3) "Utility" includes publicly, privately, and cooperatively owned utilities, including water and sewer facilities.
History: En. Sec. 4-116, Ch. 197, L. 1965; R.C.M. 1947, 32-2416; amd. Sec. 22, Ch. 23, L. 1979; amd. Sec. 1, Ch. 231, L. 1995; amd. Sec. 1, Ch. 324, L. 1997; amd. Sec. 1, Ch. 203, L. 2017; amd. Sec. 21, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 4. Relocation of Utilities › 60-4-402. Occupancy and relocation of utility facilities -- rules

60-4-402. Occupancy and relocation of utility facilities -- rules.
(1) The department shall adopt reasonable rules governing right-of-way occupancy by a utility for the following:
(a) installation, construction, maintenance, repair, or system upgrade of all utilities on commission-designated highway systems or state highways;
(b) except as provided in 60-4-403(2) and (3), reimbursement to a utility for the costs of installation, construction, maintenance, repair, renewal, or relocation of facilities; and
(c) issuance of an occupancy permit or, in the case of a facility not within the scope of Title 60, chapter 4, part 4, an encroachment permit.
(2) The rules must provide for right-of-way occupancy and relocation of publicly owned water and sewer facilities. The rules must ensure that the nonhighway use of the right-of-way does not affect the department's ability to maintain and operate the highway in a safe manner.
(3) The permitting provisions of this section do not apply to existing utility facilities or existing facilities not within the scope of Title 60, chapter 4, part 4, lawfully occupying the highway right-of-way on October 1, 2019.
History: En. Sec. 4-114, Ch. 197, L. 1965; amd. Sec. 82, Ch. 316, L. 1974; R.C.M. 1947, 32-2414; amd. Sec. 2, Ch. 324, L. 1997; amd. Sec. 2, Ch. 203, L. 2017; amd. Sec. 1, Ch. 303, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 4. Relocation of Utilities › 60-4-403. Relocation -- costs

60-4-403. Relocation -- costs.
(1) Except as provided in subsections (2) and (3), 75% of all costs of relocation, dismantling, and removal must be paid by the department as a cost of commission-designated highway systems construction.
(2) The department shall pay for the entire cost of relocating a publicly owned water or sewer facility with 500 or fewer service connectors under the following conditions:
(a) the facility has had 500 or fewer subscribers during the entire year before the letting of the project contract; and
(b) the relocation is the result of state highway or commission-designated highway system construction.
(3) The department shall pay for 85% of all costs of relocating a publicly owned water or sewer facility with more than 500 but fewer than 1,000 service connectors, subject to the following conditions:
(a) the facility had more than 500 but fewer than 1,000 subscribers during the entire year before the letting of the project contract; and
(b) the relocation is the result of state highway or commission-designated highway system construction.
History: En. Sec. 4-115, Ch. 197, L. 1965; amd. Sec. 83, Ch. 316, L. 1974; R.C.M. 1947, 32-2415; amd. Sec. 2, Ch. 231, L. 1995; amd. Sec. 3, Ch. 324, L. 1997; amd. Sec. 22, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 5. Collaborative Broadband Installation › 60-4-501. Broadband deployment

60-4-501. Broadband deployment.
(1) The department shall maintain a list of entities working on broadband deployment in the state.
(2) When the department plans a state highway construction project or a project authorized under 60-4-601 involving construction methods suitable for installing broadband conduit in the state or interstate highway right-of-way or conducive to accessing the utility right-of-way, the department shall notify entities working on broadband deployment of the project to encourage collaborative broadband installation.
(3) The department may adopt administrative rules to implement this section.
(4) As used in this section, "entities working on broadband deployment" includes but is not limited to local governments, nonprofit organizations, cable television companies, telephone companies, and broadband providers eligible for the installation of broadband infrastructure.
History: En. Sec. 1, Ch. 221, L. 2021; amd. Sec. 1, Ch. 694, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-101. Policy

60-5-101. Policy.
The legislature declares it to be the policy of this state to facilitate the flow of traffic and promote public safety by controlling access to:
(1) interstate highways;
(2) throughways and intersections with throughways;
(3) other commission-designated highway systems and state highways.
History: En. Sec. 10-101, Ch. 197, L. 1965; amd. Sec. 152, Ch. 316, L. 1974; R.C.M. 1947, 32-4301; amd. Sec. 23, Ch. 23, L. 1979; amd. Sec. 23, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-102. Definitions

60-5-102. Definitions.
When used in this chapter, the following definitions apply:
(1) "Arterial highway" means a state highway designated by the commission as part of the noninterstate component of the national highway system, the primary highway system, and any highway so designated as a part of the secondary highway system that has been constructed and is being used primarily for through traffic on a continuous route.
(2) "Controlled-access facility" means and includes streets, alleys, public roads, private roads, and ways of passage intersecting a controlled-access highway and real property contiguous to the right-of-way of a controlled-access highway.
(3) "Controlled-access highway" means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. It also means those portions of spurs to interstate highways that the commission designates as unsafe or impeded by unrestricted access of traffic from intersecting streets or alleys or public or private roads or ways of passage.
(4) "Existing highway" means and includes highways, roads, and streets established, constructed, and in use on March 2, 1955. It does not include highways, roads, or streets established, constructed, and in use after that date or highways, roads, or streets or portions of highways, roads, or streets relocated after that date.
(5) "Highway authorities" or "authority" means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets.
(6) "Throughway" means a portion of an arterial highway constructed and used for carrying traffic partially or entirely around a town or city or a portion of a town or city.
(7) "Throughway intersection area" means an area within a radius of 300 feet from the point of intersection of the centerlines of a throughway and a public road, street, or highway.
History: En. Sec. 10-102, Ch. 197, L. 1965; amd. Sec. 153, Ch. 316, L. 1974; R.C.M. 1947, 32-4302; amd. Sec. 24, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-103. Designation as controlled-access highway

60-5-103. Designation as controlled-access highway.
(1) A portion of any interstate highway, throughway or throughway intersection, or other commission-designated highway system or state highway may not be designated as a controlled-access highway unless the commission adopts a resolution so designating it. The resolution must be adopted by the majority vote of the members in attendance at any regular or special meeting. In it, the commission shall find and determine that it is necessary and desirable that:
(a) the owners or occupants of the abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view;
(b) the rights of or easements to access, light, air, or view be acquired by the state so as to prevent that portion of highway from becoming unsafe for or impeded by unrestricted access of traffic from intersecting streets, alleys, public or private roads, or ways of passage.
(2) The resolution must contain a statement of the reasons for its adoption and set forth the location, distance, and termini of the portion of the highway designated as a controlled-access highway.
History: En. Sec. 10-103, Ch. 197, L. 1965; amd. Sec. 1, Ch. 215, L. 1969; R.C.M. 1947, 32-4303; amd. Sec. 25, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-104. Powers of highway authorities

60-5-104. Powers of highway authorities.
(1) Those authorities of the state, counties, and municipalities authorized to participate in construction and maintenance of highways may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use. Each authority shall by resolution make the findings and determinations provided for in 60-5-103 in order to designate a highway as a controlled-access facility.
(2) The highway authorities of the state, counties, incorporated cities, and towns, respectively or in cooperation each with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. The property rights may include rights of access, air, view, and light. The property and property rights may be acquired by gift, devise, purchase, or condemnation, as provided in Title 70, chapter 30, and chapter 4 of this title, for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.
(3) Within incorporated cities and towns and upon county roads or secondary highways, the department of transportation may not control access without the consent of the appropriate governing body.
(4) Each authority may also exercise with relation to controlled-access facilities any current or future authority it has over highways, roads, or streets within its jurisdiction. Each authority may, within its jurisdiction, regulate, restrict, or prohibit the use of controlled-access facilities by any vehicles or traffic.
History: (1), (3), (4)En. Sec. 10-105, Ch. 197, L. 1965; amd. Sec. 1, Ch. 436, L. 1973; Sec. 32-4305, R.C.M. 1947; (2)En. Sec. 8-218, Ch. 197, L. 1965; Sec. 32-4018, R.C.M. 1947; R.C.M. 1947, 32-4018, 32-4305; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 35, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-105. Design of controlled-access facility -- entrance and exit restricted

60-5-105. Design of controlled-access facility -- entrance and exit restricted.
(1) Each highway authority may so design any controlled-access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In so doing, it may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating the separate roadways by signs, markers, stripes, and other devices.
(2) No person shall have any right to enter upon, exit from, or cross any controlled-access facility except at designated points at which access may be permitted. Terms and conditions governing such access may be specified from time to time.
History: En. Sec. 10-106, Ch. 197, L. 1965; R.C.M. 1947, 32-4306.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-106. Elimination of grade crossings

60-5-106. Elimination of grade crossings.
(1) Each highway authority may provide for elimination of intersections at grade of controlled-access highways or controlled-access facilities with existing commission-designated highway systems and state highways, county roads, and city or town streets. Elimination must be accomplished at the boundary of the controlled-access right-of-way.
(2) After the establishment of any controlled-access highway or facility, a private or public highway or street that is not a part of the highway or facility may not intersect it at grade, except as may be provided in the resolution designating it a controlled-access highway or facility. A street, road, highway, or other public or private way may not be opened into or connected with any controlled-access highway or facility without the prior consent and approval of the appropriate highway authority that adopted the controlled-access resolution.
(3) The commission may, whenever it determines that the public safety is not impaired, authorize the continued intersection at grade of lightly traveled farm entrances and minor public roads as ways of access to controlled-access highways in sparsely populated rural areas. The commission has sole jurisdiction to determine the existence and location of any intersection with interstate highways, throughways, and other commission-designated highway systems and state highways.
History: En. Sec. 10-107, Ch. 197, L. 1965; R.C.M. 1947, 32-4307; amd. Sec. 1, Ch. 40, L. 1979; amd. Sec. 26, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-107. Existing roads and streets as service roads

60-5-107. Existing roads and streets as service roads.
(1) In connection with the development of any controlled-access highway or facility, each highway authority may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets. Each authority may designate as local service roads and streets any existing road or street.
(2) Service roads and streets shall be of appropriate design. They shall be separated from the controlled-access highway or facility by means of all devices determined to be necessary to carry out the provisions of this chapter.
(3) Each authority shall exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access highways or facilities.
History: En. Sec. 10-108, Ch. 197, L. 1965; R.C.M. 1947, 32-4308.