reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-803. Repealed

69-14-803. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 3, Ch. 26, L. 1913; re-en. Sec. 3824, R.C.M. 1921; re-en. Sec. 3824, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-147.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-804. Repealed

69-14-804. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 4, Ch. 26, L. 1913; re-en. Sec. 3825, R.C.M. 1921; re-en. Sec. 3825, R.C.M. 1935; R.C.M. 1947, 72-148.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-805. Repealed

69-14-805. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 5, Ch. 26, L. 1913; re-en. Sec. 3826, R.C.M. 1921; re-en. Sec. 3826, R.C.M. 1935; R.C.M. 1947, 72-149; amd. Sec. 130, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-811. Repealed

69-14-811. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 4, Ch. 136, L. 1909; re-en. Sec. 3829, R.C.M. 1921; re-en. Sec. 3829, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-152.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-812. Repealed

69-14-812. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 3, Ch. 105, L. 1913; re-en. Sec. 3837, R.C.M. 1921; re-en. Sec. 3837, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; amd. Sec. 1, Ch. 464, L. 1975; R.C.M. 1947, 72-159(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-813. Repealed

69-14-813. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 3, Ch. 105, L. 1913; re-en. Sec. 3837, R.C.M. 1921; re-en. Sec. 3837, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; amd. Sec. 1, Ch. 464, L. 1975; R.C.M. 1947, 72-159(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 8. Loading Platforms and Spurs (Repealed) › 69-14-814. Repealed

69-14-814. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 7, Ch. 105, L. 1913; re-en. Sec. 3841, R.C.M. 1921; re-en. Sec. 3841, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-163(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-901. Authorization to locate and erect grain warehouse or elevator on railroad right-of-way

69-14-901. Authorization to locate and erect grain warehouse or elevator on railroad right-of-way.
(1) Any person, firm, or corporation desirous of erecting and operating at or contiguous to any railway station or siding a warehouse or elevator for the purchase, sale, shipment, or storage of grain, including flaxseed, for the public for hire may make application in writing, containing a description of that portion of the right-of-way of the railroad on which the person, firm, or corporation desires to erect a warehouse or elevator, the size and capacity of the warehouse or elevator proposed to be erected, and the time for which it is desired to maintain the warehouse or elevator. The application must be made to the person, firm, or corporation owning, leasing, or operating the railroad at the station or siding, for the right, privilege, and easement of erecting and maintaining for the time stated in the application and for reasonable compensation for the warehouse or elevator upon the right-of-way pertaining to the railway at the siding or station and within and between the outside switches of the yard of the railway station or siding. Upon paying or securing in the manner prescribed in this section reasonable compensation for the right, privilege, and easement, the person, firm, or corporation is absolutely and unconditionally entitled to the right, privilege, and easement.
(2) The application must also state the amount the applicant considers reasonable compensation for the right, privilege, and easement the applicant desires to acquire, and the applicant shall tender and pay to the person, firm, or corporation from whom the easement is sought the sum stated in the application.
(3) If the person, firm, or corporation owning, leasing, or operating the railroad is not willing to allow the portion of the right-of-way selected by the applicant to be appropriated for the stated purpose and the parties cannot agree as to the quantity and location of the land upon which the grain warehouse or grain elevator is to be erected, the matter must be determined by the district court in the same manner and by the same proceeding for determining the amount of compensation to be paid when the parties cannot agree as to the amount.
History: (1), (3)En. Sec. 1, Ch. 43, L. 1913; re-en. Sec. 6638, R.C.M. 1921; re-en. Sec. 6638, R.C.M. 1935; Sec. 88-201, R.C.M. 1947; (2)En. Sec. 2, Ch. 43, L. 1913; re-en. Sec. 6639, R.C.M. 1921; re-en. Sec. 6639, R.C.M. 1935; Sec. 88-202, R.C.M. 1947; R.C.M. 1947, 88-201, 88-202(part); amd. Sec. 2045, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-902. Decision on application by railroad

69-14-902. Decision on application by railroad.
It shall be the duty of any person, firm, or corporation to whom application is made for the right to erect and maintain an elevator or warehouse under the provisions of 69-14-901 through 69-14-911, within 30 days after the receipt of such application, to notify said applicant in writing of the acceptance or rejection of the amount stated in said application to be reasonable compensation for the right, privilege, and easement sought to be acquired. In case such person, firm, or corporation fails to notify the applicant within said 30 days, such person, firm, or corporation shall be deemed to have accepted said amount, and upon the payment or tender thereof, said applicant shall be deemed to have acquired the right, privilege, and easement applied for.
History: En. Sec. 2, Ch. 43, L. 1913; re-en. Sec. 6639, R.C.M. 1921; re-en. Sec. 6639, R.C.M. 1935; R.C.M. 1947, 88-202(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-903. Court action to resolve differences

69-14-903. Court action to resolve differences.
(1) In case the amount so named in the application and tendered is not accepted and the parties cannot agree on the amount to be paid for such right, privilege, and easement, the same shall be ascertained, assessed, and determined by proceedings in the district court of the county in which the station or siding at which the right, privilege, and easement sought is situated. The court is hereby given full jurisdiction in the premises and shall at all times be deemed open and in session for the purposes of 69-14-901 through 69-14-911.
(2) Proceedings in the district court shall be instituted and carried on as provided in 69-14-904.
History: (1)En. Sec. 2, Ch. 43, L. 1913; re-en. Sec. 6639, R.C.M. 1921; re-en. Sec. 6639, R.C.M. 1935; Sec. 88-202, R.C.M. 1947; (2)En. Sec. 3, Ch. 43, L. 1913; re-en. Sec. 6640, R.C.M. 1921; re-en. Sec. 6640, R.C.M. 1935; Sec. 88-203, R.C.M. 1947; R.C.M. 1947, 88-202(part), 88-203(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-904. Procedure in district court

69-14-904. Procedure in district court.
(1) The parties seeking the right, privilege, and easement aforesaid shall present to and file with the district court a petition in writing and under oath, specifying and describing the right, privilege, and easement sought, the time for which the same is sought, and the fact that the parties to the proceedings are unable to agree upon the amount of compensation therefor.
(2) A copy of the application for such privilege shall be attached to said petition, and thereupon it shall be at once the duty of the court by its order in writing to fix a time not more than 30 days thereafter within which the person, firm, or corporation so owning, managing, or controlling such railroad shall appear and join issue in said proceeding. Such notice shall be served as a summons is served in civil actions and shall be ample notice to the parties so served to appear and join in the proceedings and shall be ample to give the court full jurisdiction over the party against whom the proceedings are instituted and the property involved in the proceeding.
(3) The manner of joining issue and the procedure at the trial shall be the same as that in any other civil action at law.
(4) The trial of such issue shall be expedited by the court as much as possible. At the trial the court or jury, as the case may be, shall find and assess the compensation, both in the form of an annual rental and in the form of a gross sum, for the right, privilege, and easement sought. Immediately after the finding or verdict has been made, the party against whom the proceedings have been taken shall elect whether to receive the annual rental or the gross sum found. In case such election is not made by said party, then the other party to the proceedings may make such election. After election is made as aforesaid, judgment shall be rendered adjudging, among other things, that upon payment of the gross sum found or the annual rental found, yearly in advance, as the case may be, the party instituting the proceedings shall be entitled to the right, privilege, and easement of erecting and maintaining the elevator or warehouse asked for in the application and petition aforesaid and for the time therein specified. Thereupon the party in whose favor said judgment is rendered shall be entitled to a writ of execution in proper form to immediately invest such party with the right, privilege, and easement aforesaid.
History: En. Sec. 3, Ch. 43, L. 1913; re-en. Sec. 6640, R.C.M. 1921; re-en. Sec. 6640, R.C.M. 1935; R.C.M. 1947, 88-203(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-905. Right to supreme court review

69-14-905. Right to supreme court review.
Within 30 days after the entry of said judgment, as hereinbefore provided, but not later, an appeal may be taken by either party to the supreme court. Such appeal shall not stay or hinder the use or enjoyment to the fullest extent of the right, privilege, and easement asked for by the petition and conferred by the judgment if the party instituting the proceedings shall make and file a bond with sureties, to be approved by the court, in an amount double the gross sum or annual rental, conditioned to pay such sum or rental and to abide and satisfy any judgment the supreme court may render in the premises. Either party may appeal from that part of the judgment determining the quantity and location of the land upon which such warehouse or elevator is to be erected, and in the event of such appeal, the judgment shall be suspended pending the appeal.
History: En. Sec. 4, Ch. 43, L. 1913; re-en. Sec. 6641, R.C.M. 1921; re-en. Sec. 6641, R.C.M. 1935; R.C.M. 1947, 88-204(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-906. Payment of court costs

69-14-906. Payment of court costs.
Costs and disbursements, as in civil actions, in each court shall be paid by the unsuccessful party. If the finding of the court or jury is for a less or the same amount as tendered by the petitioner before instituting the proceedings, then the petitioner shall be deemed the successful party. If the amount found is larger than the sum tendered, then the petitioner shall be deemed the unsuccessful party.
History: En. Sec. 4, Ch. 43, L. 1913; re-en. Sec. 6641, R.C.M. 1921; re-en. Sec. 6641, R.C.M. 1935; R.C.M. 1947, 88-204(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-907. Elevators and warehouses considered public

69-14-907. Elevators and warehouses considered public.
All elevators and warehouses erected and maintained under the provisions of 69-14-901 through 69-14-911 shall be deemed public elevators and public warehouses and shall be subject to legislative control.
History: En. Sec. 5, Ch. 43, L. 1913; re-en. Sec. 6642, R.C.M. 1921; re-en. Sec. 6642, R.C.M. 1935; R.C.M. 1947, 88-205.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-908. Prompt payment of rental required

69-14-908. Prompt payment of rental required.
In case the annual rental is elected, the same shall be paid yearly in advance, and if not so paid after 30 days' default, the right, privilege, and easement aforesaid shall be absolutely forfeited.
History: En. Sec. 3, Ch. 43, L. 1913; re-en. Sec. 6640, R.C.M. 1921; re-en. Sec. 6640, R.C.M. 1935; R.C.M. 1947, 88-203(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-909. Time limit for construction of elevator or warehouse

69-14-909. Time limit for construction of elevator or warehouse.
Any person, firm, or corporation availing itself of the provisions of 69-14-901 through 69-14-911 shall, within 60 days after the amount to be paid for the easement acquired thereunder is finally determined, by agreement or by proceedings in court, commence the erection of the warehouse or elevator mentioned in the application and complete the same within 90 days thereafter. In case of failure to comply with the provisions of this section, such person or persons shall be deemed to have abandoned the right acquired, and the part or portion of the railroad right-of-way described in the application shall be subject to selection by other applicants who may desire to avail themselves of the provisions of 69-14-901 through 69-14-911.
History: En. Sec. 6, Ch. 43, L. 1913; re-en. Sec. 6643, R.C.M. 1921; re-en. Sec. 6643, R.C.M. 1935; R.C.M. 1947, 88-206.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-910. Connection of railroad to elevator or warehouse

69-14-910. Connection of railroad to elevator or warehouse.
(1) Every railroad company or corporation organized under the laws of this state or doing business therein shall, upon application in writing, provide reasonable sidetrack facilities and running connections between its main track and elevators and warehouses upon or contiguous to its right-of-way at stations. Every such railroad corporation shall permit connections to be made and maintained in a reasonable manner with its sidetracks to and from any warehouse or elevator, without reference to its size, cost, or capacity, where grain is or may be stored. Such railroad company shall not be required to construct or furnish any sidetracks except upon its own land or right-of-way. The reasonable cost of the construction of such sidetracks and connections, except the cost of the rails and fastenings, shall be paid by the person or persons for whose benefit such sidetracks are provided or connections made.
(2) Where stations are 10 miles or more apart, the railroad company, when required to do so by the public service commission, shall construct and maintain a sidetrack for the use of shippers between such stations.
History: En. Sec. 7, Ch. 43, L. 1913; re-en. Sec. 6644, R.C.M. 1921; re-en. Sec. 6644, R.C.M. 1935; amd. Sec. 21, Ch. 315, L. 1974; R.C.M. 1947, 88-207(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-911. Location of facility

69-14-911. Location of facility.
Such elevators and warehouses shall not be constructed within 100 feet of any existing structure and shall be at safe fire distance from the station buildings and so as not essentially to conflict with the safe and convenient operation of the road.
History: En. Sec. 7, Ch. 43, L. 1913; re-en. Sec. 6644, R.C.M. 1921; re-en. Sec. 6644, R.C.M. 1935; amd. Sec. 21, Ch. 315, L. 1974; R.C.M. 1947, 88-207(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-921. Suitable cars to be furnished for shipment of grain and other commodities in bulk

69-14-921. Suitable cars to be furnished for shipment of grain and other commodities in bulk.
(1) All cars furnished by railroad or railway companies for the transportation of grain or other commodities in bulk must be constructed to prevent leakage when such commodities are placed or hauled in the cars. It is the duty of all railroad or railway companies to furnish cars in the required condition.
(2) Whenever cars placed for loading grain or other commodities in bulk are found to be in a condition that will not afford safe transportation for commodities, the railroad or railway company shall, upon written complaint to the agent or other person in authority by the shipper or the shipper's representative who proposes to load the car or cars and within 24 hours, cause the car or cars to be properly cleaned and put in repair to allow safe transportation for the commodity to be shipped.
History: (1)En. Sec. 1, Ch. 52, L. 1917; re-en. Sec. 6613, R.C.M. 1921; re-en. Sec. 6613, R.C.M. 1935; Sec. 72-656, R.C.M. 1947; (2)En. Sec. 2, Ch. 52, L. 1917; re-en. Sec. 6614, R.C.M. 1921; re-en. Sec. 6614, R.C.M. 1935; Sec. 72-657, R.C.M. 1947; R.C.M. 1947, 72-656, 72-657; amd. Sec. 14, Ch. 235, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-922. Action by shipper to render cars suitable

69-14-922. Action by shipper to render cars suitable.
(1) If a railroad or railway company fails within 24 hours after written complaint has been made by the shipper or the shipper's representative to clean and prepare a car or cars, then the shipper or the shipper's representative may properly and safely clean and prepare the car or cars. Preparing a car or cars may not include repairs covered in 49 CFR, parts 200 through 399. The railroad or railway company shall pay for the labor expended in the cleaning or preparation and the actual cost of material used.
(2) If a car or cars are placed at a station or siding where there is no representative of the railroad or railway company upon whom complaint may be served, then the shipper or the shipper's representative may at once clean and repair the cars and must be paid for the labor and material expended, as provided in subsection (1).
History: (1)En. Sec. 3, Ch. 52, L. 1917; re-en. Sec. 6615, R.C.M. 1921; re-en. Sec. 6615, R.C.M. 1935; Sec. 72-658, R.C.M. 1947; (2)En. Sec. 4, Ch. 52, L. 1917; re-en. Sec. 6616, R.C.M. 1921; re-en. Sec. 6616, R.C.M. 1935; Sec. 72-659, R.C.M. 1947; R.C.M. 1947, 72-658, 72-659; amd. Sec. 15, Ch. 235, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-923. Demurrage not to accrue during repairs

69-14-923. Demurrage not to accrue during repairs.
It is further provided that no demurrage shall accrue or be collected for the time elapsing while such car or cars are being repaired or cleaned or coopered in accordance herewith.
History: En. Sec. 5, Ch. 52, L. 1917; re-en. Sec. 6617, R.C.M. 1921; re-en. Sec. 6617, R.C.M. 1935; R.C.M. 1947, 72-660.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-924. Liability of railroad for repairs

69-14-924. Liability of railroad for repairs.
A person making the repairs upon or cleaning or coopering the cars of any railroad or railway company as provided in this part may recover the amounts expended in an action at law upon the refusal of the railroad or railway company to reimburse the person.
History: En. Sec. 6, Ch. 52, L. 1917; re-en. Sec. 6618, R.C.M. 1921; re-en. Sec. 6618, R.C.M. 1935; R.C.M. 1947, 72-661; amd. Sec. 2046, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-925. Enforcement of provisions related to suitable cars for commodity shipments

69-14-925. Enforcement of provisions related to suitable cars for commodity shipments.
It is hereby made the duty of the commission to enforce the provisions of 69-14-921 through 69-14-924.
History: En. Sec. 7, Ch. 52, L. 1917; re-en. Sec. 6619, R.C.M. 1921; re-en. Sec. 6619, R.C.M. 1935; amd. Sec. 20, Ch. 315, L. 1974; R.C.M. 1947, 72-662.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 9. Grain and Commodity Storage and Transportation › 69-14-931. Definitions

69-14-931. Definitions.
As used in 69-14-932 and this section, the following definitions apply:
(1) "Fair market value" means:
(a) the price negotiated between the parties under 69-14-932; or
(b) the appraised value as determined by a certified appraisal under 69-14-932.
(2) "Leaseholder" means a person who holds a lease or permit with respect to land adjacent to a railroad right-of-way and who has constructed or owns buildings on the land that have an appraised value of $5,000 or more.
(3) "Right-of-way" means land upon which a railroad has or has had tracks.
History: En. Sec. 1, Ch. 814, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 10. Railroad Personnel › 69-14-1001. Repealed

69-14-1001. Repealed.
Sec. 10, Ch. 104, L. 2015.
History: En. Sec. 1, Ch. 377, L. 1973; R.C.M. 1947, 72-169; amd. Sec. 53, Ch. 43, L. 1979; amd. Sec. 1, Ch. 436, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 10. Railroad Personnel › 69-14-1002. Compensation of employees on removal of railroad division point or terminal

69-14-1002. Compensation of employees on removal of railroad division point or terminal.
(1) Except as provided in subsection (2), when any railroad or railway company operating its line of road in, into, or through the state moves any of its division points or terminals, it is liable to any employee of the railroad or railway company for any damage sustained by the employee by reason of any decrease in value of any real property actually occupied by the employee as the employee's place of residence that is caused by the removal of the division point or terminal. However, the employee must have a freehold estate in the property. The damages are collectible in any court of competent jurisdiction.
(2) When any railroad or railway company in good faith determines upon a change or removal of any division point or terminal and in good faith posts prominently at its station house, shops, and yards a statement of its intention to do so in a manner that gives reasonable notice to the employee, it is not liable, as provided in subsection (1), for any decrease in value of any interest in any property purchased after the time of the posting if the division point or terminal is changed or removed within 6 months after the date of the posting.
History: (1)En. Sec. 1, Ch. 159, L. 1921; re-en. Sec. 6623, R.C.M. 1921; re-en. Sec. 6623, R.C.M. 1935; Sec. 72-666, R.C.M. 1947; (2)En. Sec. 2, Ch. 159, L. 1921; re-en. Sec. 6624, R.C.M. 1921; re-en. Sec. 6624, R.C.M. 1935; Sec. 72-667, R.C.M. 1947; R.C.M. 1947, 72-666, 72-667; amd. Sec. 2048, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 10. Railroad Personnel › 69-14-1003. Railroad personnel as law officers

69-14-1003. Railroad personnel as law officers.
A conductor, engineer, or other person in charge of the operation of cars, trains, or locomotives upon any railroad is, while engaged or employed, a public executive officer of the class of peace officers and of the grade of constable in each county in which the train, cars, or locomotives are located and has the same authority as other peace officers to, with or without a warrant, arrest and prosecute persons trespassing or illegally obtaining passage on the railroad. The railroad personnel mentioned in this section are not entitled to receive fees for any arrest or prosecution that may be made or prosecuted under this section. None of the railroad personnel mentioned in this section are authorized to hold the office or exercise its functions unless at the time they are citizens of the United States and have been citizens of this state for at least 1 year preceding their exercising the functions of the office.
History: En. Sec. 3, p. 150, L. 1899; re-en. Sec. 8884, Rev. C. 1907; re-en. Sec. 11570, R.C.M. 1921; re-en. Sec. 11570, R.C.M. 1935; Sec. 94-35-203, R.C.M. 1947; redes. 72-672 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 72-672; amd. Sec. 54, Ch. 43, L. 1979; amd. Sec. 2049, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 10. Railroad Personnel › 69-14-1004. Penalty for being under the influence while engaged in train operations

69-14-1004. Penalty for being under the influence while engaged in train operations.
A person who is under the influence, as provided in 49 CFR 383.51, of alcohol or a drug while in charge of a locomotive engine while as conductor or driver upon any railroad car or train or while acting as train dispatcher or as telegraph operator receiving or transmitting dispatches in relation to the movement of trains is guilty of a misdemeanor.
History: En. Sec. 690, Pen. C. 1895; re-en. Sec. 8521, Rev. C. 1907; re-en. Sec. 11253, R.C.M. 1921; Cal. Pen. C. Sec. 391; re-en. Sec. 11253, R.C.M. 1935; Sec. 94-35-109, R.C.M. 1947; redes. 72-671 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 72-671; amd. Sec. 16, Ch. 235, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 10. Railroad Personnel › 69-14-1005. Medical aid for injured train operator

69-14-1005. Medical aid for injured train operator.
(1) If a railroad train operator or employee of any railroad doing business in this state is injured during the operator's or employee's regular course of employment, any employee of the railroad is empowered and authorized to call upon and retain the services of the nearest practicing physician or surgeon to care for and treat the injured train operator or employee during and until the time that one of the regularly employed and paid physicians or surgeons of the railroad corporation is able to render service.
(2) If the services of any physician or surgeon other than the regularly employed physician or surgeon of the railroad corporation are retained and hired as provided in this section, the physician or surgeon must be compensated and paid a reasonable fee for the services performed.
(3) If a railroad corporation refuses or neglects to pay for the services of a physician as provided in subsection (2) within a reasonable time after the physician or surgeon has rendered the services, the railroad corporation is guilty of a misdemeanor.
History: (1)En. Sec. 1, Ch. 95, L. 1909; amd. Sec. 1, Ch. 45, L. 1921; re-en. Sec. 6602, R.C.M. 1921; re-en. Sec. 6602, R.C.M. 1935; Sec. 72-645, R.C.M. 1947; (2)En. Sec. 2, Ch. 95, L. 1909; re-en. Sec. 6603, R.C.M. 1921; re-en. Sec. 6603, R.C.M. 1935; Sec. 72-646, R.C.M. 1947; (3)En. Sec. 3, Ch. 95, L. 1909; re-en. Sec. 6604, R.C.M. 1921; re-en. Sec. 6604, R.C.M. 1935; Sec. 72-647, R.C.M. 1947; R.C.M. 1947, 72-645, 72-646, 72-647; amd. Sec. 2050, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 11. Sale or Transfer of Railroad Line › 69-14-1101. Definitions

69-14-1101. Definitions.
As used in this part, the following definitions apply:
(1) "Buyer" means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, or other agreement, to continue the commercial transportation of goods or passengers.
(2) "Labor organization" means any organization or association of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment.
(3) "Seller" means a person, corporation, association, or business entity that transfers a line of railroad by sale, lease, or other agreement.
(4) "Transaction" means the limited purchase, sale, or transfer of part of a line of railroad that will be operated by a common rail carrier.
History: En. Sec. 1, Ch. 653, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 11. Sale or Transfer of Railroad Line › 69-14-1102. Conditions for transfer of line of railroad

69-14-1102. Conditions for transfer of line of railroad.
Thirty days prior to filing with the federal surface transportation board of an application to purchase, sell, or transfer any section of a line of railroad, the seller and buyer shall:
(1) file a notice of intent and other information, as described in 69-14-1103, with the attorney general and the commission; and
(2) require representatives to attend meetings, upon reasonable notice, with the attorney general and the commission to respond to questions and requests for information on the proposed transaction directly related to the requirements of 69-14-1103.
History: En. Sec. 2, Ch. 653, L. 1987; amd. Sec. 9, Ch. 104, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 11. Sale or Transfer of Railroad Line › 69-14-1103. Notice of intent

69-14-1103. Notice of intent.
(1) The notice of intent filed in accordance with 69-14-1102 must contain:
(a) a complete and accurate description of the identities of the buyer and seller; and
(b) a thorough description of the railroad line to be transferred.
(2) A general description of the terms of the proposed transaction and any labor agreements must be attached to the notice of intent.
History: En. Sec. 3, Ch. 653, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 12. Railroad Vandalism Prevention Act › 69-14-1202. Purpose

69-14-1202. Purpose.
The purpose of this part is to:
(1) better inform the public of current widespread vandalism that takes place on railroad property and the cost of that vandalism that must ultimately be borne by shippers;
(2) prevent accidents and injuries to persons who enter railroad property;
(3) prevent acts of vandalism to railroad property that affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees;
(4) protect railroad property and freight in transit; and
(5) otherwise enhance the safety of transportation by railroad.
History: En. Sec. 2, Ch. 432, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 12. Railroad Vandalism Prevention Act › 69-14-1204. Stowing away on railroad property

69-14-1204. Stowing away on railroad property.
(1) A person commits the offense of stowing away on railroad property if the person knowingly and without lawful authority or consent is on, occupies, or rides on the outside of a train or on the inside of a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container car.
(2) A person convicted of the offense of stowing away on railroad property shall be fined an amount not to exceed $1,000 or be incarcerated in the county jail for a term not to exceed 6 months, or both.
History: En. Sec. 4, Ch. 432, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 12. Railroad Vandalism Prevention Act › 69-14-1205. Intentional vandalism to railroad property

69-14-1205. Intentional vandalism to railroad property.
(1) A person commits the offense of intentional vandalism to railroad property if the person knowingly or purposely vandalizes railroad property.
(2) A person convicted of intentional vandalism to railroad property must be ordered to make restitution to the railroad carrier in the amount of the cost to repair any railroad property damaged, the cost of any train or shipment delay, and the cost of any accident or damage resulting from the vandalism.
(3) (a) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property does not exceed $1,000 and in which there is no bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $1,000 or be incarcerated in the county jail for a term not to exceed 6 months, or both.
(b) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property exceeds $1,000 or in which there is bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of intentional vandalism to railroad property that results in serious bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $20,000 or be incarcerated in a state prison for a term not to exceed 20 years, or both.
(d) A person convicted of the offense of intentional vandalism to railroad property that results in the death of another person as a result of the offender's actions shall be fined an amount not to exceed $50,000 or be incarcerated in a state prison for a term not to exceed 40 years, or both.
History: En. Sec. 5, Ch. 432, L. 2001; amd. Sec. 1, Ch. 490, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 14. Railroads › Part 12. Railroad Vandalism Prevention Act › 69-14-1206. Theft of railroad freight -- receiving stolen railroad freight

69-14-1206. Theft of railroad freight -- receiving stolen railroad freight.
(1) A person commits the offense of theft of railroad freight if the person takes railroad freight by theft, as established in 45-6-301(1).
(2) A person commits the offense of receiving stolen railroad freight if the person obtains stolen railroad freight by theft, as established in 45-6-301(3).
(3) A person convicted of the offense of theft of railroad freight or the offense of receiving stolen railroad freight shall be fined an amount not to exceed $5,000 or be incarcerated for a term not to exceed 5 years, or both.
History: En. Sec. 6, Ch. 432, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-101. Property defined -- ownership

70-1-101. Property defined -- ownership.
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.
History: En. Sec. 1070, Civ. C. 1895; re-en. Sec. 4421, Rev. C. 1907; re-en. Sec. 6663, R.C.M. 1921; Cal. Civ. C. Sec. 654; Field Civ. C. Sec. 159; re-en. Sec. 6663, R.C.M. 1935; R.C.M. 1947, 67-201.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-102. Ownership public or private -- state as private proprietor

70-1-102. Ownership public or private -- state as private proprietor.
All property has an owner, whether that owner is the state and the property public or the owner an individual and the property private. The state may also hold property as a private proprietor.
History: En. Sec. 1090, Civ. C. 1895; re-en. Sec. 4431, Rev. C. 1907; re-en. Sec. 6673, R.C.M. 1921; Cal. Civ. C. Sec. 669; Field Civ. C. Sec. 168; re-en. Sec. 6673, R.C.M. 1935; R.C.M. 1947, 67-301.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-103. Owner entitled to products and accessions

70-1-103. Owner entitled to products and accessions.
The owner of a thing also owns all of its products and accessions.
History: En. Sec. 1170, Civ. C. 1895; re-en. Sec. 4472, Rev. C. 1907; re-en. Sec. 6714, R.C.M. 1921; Cal. Civ. C. Sec. 732; Field Civ. C. Sec. 209; re-en. Sec. 6714, R.C.M. 1935; R.C.M. 1947, 67-415.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-104. In what things property interests may exist

70-1-104. In what things property interests may exist.
There may be ownership of:
(1) all inanimate things which are capable of appropriation or of manual delivery;
(2) all domestic animals;
(3) all obligations;
(4) such products of labor or skill as the composition of an author, the goodwill of a business, trademarks, and signs; and
(5) rights created or granted by statute.
History: En. Sec. 1071, Civ. C. 1895; re-en. Sec. 4422, Rev. C. 1907; re-en. Sec. 6664, R.C.M. 1921; Cal. Civ. C. Sec. 655; Field Civ. C. Sec. 160; re-en. Sec. 6664, R.C.M. 1935; R.C.M. 1947, 67-202.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-105. Real or personal

70-1-105. Real or personal.
Property is either:
(1) real or immovable; or
(2) personal or movable.
History: En. Sec. 1073, Civ. C. 1895; re-en. Sec. 4424, Rev. C. 1907; re-en. Sec. 6666, R.C.M. 1921; Cal. Civ. C. Sec. 657; Field Civ. C. Sec. 162; re-en. Sec. 6666, R.C.M. 1935; R.C.M. 1947, 67-206.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-106. Real property defined

70-1-106. Real property defined.
Real or immovable property consists of:
(1) land;
(2) that which is affixed to land, including a manufactured home declared an improvement to real property under 15-1-116;
(3) that which is incidental or appurtenant to land;
(4) that which is immovable by law.
History: En. Sec. 1074, Civ. C. 1895; re-en. Sec. 4425, Rev. C. 1907; re-en. Sec. 6667, R.C.M. 1921; Cal. Civ. C. Sec. 658; Based on Field Civ. C. Sec. 163; re-en. Sec. 6667, R.C.M. 1935; R.C.M. 1947, 67-207; amd. Sec. 3, Ch. 450, L. 2005.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-107. Choice of law as to real property

70-1-107. Choice of law as to real property.
Real property within this state is governed by the law of this state, except where the title is in the United States.
History: En. Sec. 1200, Civ. C. 1895; re-en. Sec. 4480, Rev. C. 1907; re-en. Sec. 6722, R.C.M. 1921; Cal. Civ. C. Sec. 755; re-en. Sec. 6722, R.C.M. 1935; R.C.M. 1947, 67-501.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-108. Personal property defined

70-1-108. Personal property defined.
(1) Every kind of property that is not real is personal.
(2) Digital assets are considered personal property.
(3) For the purposes of this section, "digital assets" means cryptocurrencies, natively electronic assets, including stable coins and nonfungible tokens, and other digital-only assets that confer economic, proprietary, or access rights or powers.
History: En. Sec. 1079, Civ. C. 1895; re-en. Sec. 4430, Rev. C. 1907; re-en. Sec. 6672, R.C.M. 1921; Cal. Civ. C. Sec. 663; Field Civ. C. Sec. 167; re-en. Sec. 6672, R.C.M. 1935; R.C.M. 1947, 67-212; amd. Sec. 5, Ch. 344, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-109. Choice of law as to personal property

70-1-109. Choice of law as to personal property.
If there is no law to the contrary in the place where personal property is situated, it is considered to follow the person of its owner and is governed by the law of the owner's domicile.
History: En. Sec. 1340, Civ. C. 1895; re-en. Sec. 4556, Rev. C. 1907; re-en. Sec. 6803, R.C.M. 1921; Cal. Civ. C. Sec. 946; Field Civ. C. Sec. 364; re-en. Sec. 6803, R.C.M. 1935; R.C.M. 1947, 67-1101; amd. Sec. 2052, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 1. General Provisions › 70-1-110. How property acquired

70-1-110. How property acquired.
Property is acquired by:
(1) occupancy;
(2) accession;
(3) transfer;
(4) will; or
(5) succession.
History: En. Sec. 1380, Civ. C. 1895; re-en. Sec. 4569, Rev. C. 1907; re-en. Sec. 6816, R.C.M. 1921; Cal. Civ. C. Sec. 1000; re-en. Sec. 6816, R.C.M. 1935; R.C.M. 1947, 67-1201.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 2. General Rights of State Over Property › 70-1-201. Original and ultimate title

70-1-201. Original and ultimate title.
The original and ultimate right of all property, real and personal, within the jurisdiction of this state and not belonging to the United States is in the people of the state.
History: En. Sec. 60, Pol. C. 1895; re-en. Sec. 26, Rev. C. 1907; re-en. Sec. 27, R.C.M. 1921; Cal. Pol. C. Sec. 40; re-en. Sec. 27, R.C.M. 1935; R.C.M. 1947, 67-101.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 2. General Rights of State Over Property › 70-1-202. Property of the state -- what included

70-1-202. Property of the state -- what included.
The state is the owner of:
(1) all land below the water of a navigable lake or stream;
(2) all property lawfully appropriated by it to its own use;
(3) all property dedicated or granted to the state; and
(4) all property of which there is no other owner.
History: En. Sec. 1091, Civ. C. 1895; re-en. Sec. 4432, Rev. C. 1907; re-en. Sec. 6674, R.C.M. 1921; Cal. Civ. C. Sec. 670; Based on Field Civ. C. Sec. 169; re-en. Sec. 6674, R.C.M. 1935; R.C.M. 1947, 67-302.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 2. General Rights of State Over Property › 70-1-203. Escheat

70-1-203. Escheat.
Whenever the title to any property fails for want of heirs or next of kin, it reverts to the state. All property within the limits of this state which does not belong to any person belongs to the state.
History: En. Sec. 61, Pol. C. 1895; re-en. Sec. 27, Rev. C. 1907; re-en. Sec. 28, R.C.M. 1921; Cal. Pol. C. Sec. 41; re-en. Sec. 28, R.C.M. 1935; R.C.M. 1947, 67-102.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 2. General Rights of State Over Property › 70-1-204. Acquisition by taxation

70-1-204. Acquisition by taxation.
The state or any county thereof may acquire property by taxation in the modes authorized by law.
History: En. Sec. 62, Pol. C. 1895; re-en. Sec. 28, Rev. C. 1907; re-en. Sec. 29, R.C.M. 1921; Cal. Pol. C. Sec. 43; re-en. Sec. 29, R.C.M. 1935; R.C.M. 1947, 67-103.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 2. General Rights of State Over Property › 70-1-205. Eminent domain

70-1-205. Eminent domain.
The state may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the modes provided in chapter 30 of this title.
History: En. Sec. 63, Pol. C. 1895; re-en. Sec. 29, Rev. C. 1907; re-en. Sec. 30, R.C.M. 1921; Cal. Pol. C. Sec. 44; re-en. Sec. 30, R.C.M. 1935; R.C.M. 1947, 67-104.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-301. Interests in real property specially named elsewhere

70-1-301. Interests in real property specially named elsewhere.
In respect to real or immovable property, the interests mentioned in this part are denominated estates and are specially named and classified in 70-15-202 through 70-15-216, in Title 70, chapter 15, part 3, in Title 70, chapter 16, in 70-17-101 through 70-17-111, and in Title 72, chapter 38, part 8.
History: En. Sec. 1122, Civ. C. 1895; re-en. Sec. 4455, Rev. C. 1907; re-en. Sec. 6697, R.C.M. 1921; Cal. Civ. C. Sec. 701; Field Civ. C. Sec. 193; re-en. Sec. 6697, R.C.M. 1935; R.C.M. 1947, 67-327; amd. Sec. 87, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-302. Ownership -- absolute or qualified

70-1-302. Ownership -- absolute or qualified.
The ownership of property is either:
(1) absolute; or
(2) qualified.
History: En. Sec. 1100, Civ. C. 1895; re-en. Sec. 4433, Rev. C. 1907; re-en. Sec. 6675, R.C.M. 1921; Cal. Civ. C. Sec. 678; Field Civ. C. Sec. 171; re-en. Sec. 6675, R.C.M. 1935; R.C.M. 1947, 67-303.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-303. When ownership absolute

70-1-303. When ownership absolute.
The ownership of property is absolute when a single person has the absolute dominion over it and may use it or dispose of it according to the person's pleasure, subject only to general laws.
History: En. Sec. 1101, Civ. C. 1895; re-en. Sec. 4434, Rev. C. 1907; re-en. Sec. 6676, R.C.M. 1921; Cal. Civ. C. Sec. 679; Field Civ. C. Sec. 172; re-en. Sec. 6676, R.C.M. 1935; R.C.M. 1947, 67-304; amd. Sec. 2053, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-304. When ownership qualified

70-1-304. When ownership qualified.
The ownership of property is qualified when:
(1) it is shared with one or more persons;
(2) the time of enjoyment is deferred or limited;
(3) the use is restricted.
History: En. Sec. 1102, Civ. C. 1895; re-en. Sec. 4435, Rev. C. 1907; re-en. Sec. 6677, R.C.M. 1921; Cal. Civ. C. Sec. 680; Field Civ. C. Sec. 173; re-en. Sec. 6677, R.C.M. 1935; R.C.M. 1947, 67-305.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-305. Ownership by single person

70-1-305. Ownership by single person.
The ownership of property by a single person is designated as a sole or several ownership.
History: En. Sec. 1103, Civ. C. 1895; re-en. Sec. 4436, Rev. C. 1907; re-en. Sec. 6678, R.C.M. 1921; Cal. Civ. C. Sec. 681; Field Civ. C. Sec. 174; re-en. Sec. 6678, R.C.M. 1935; R.C.M. 1947, 67-306.
2023 Montana Code Annotated › Title 70. Property › Chapter 1. Property in General Real and Personal › Part 3. Kinds of Ownership Interests › 70-1-306. Ownership by several persons -- types

70-1-306. Ownership by several persons -- types.
The ownership of property by several persons is either of:
(1) joint interests;
(2) partnership interests;
(3) interests in common.
History: En. Sec. 1104, Civ. C. 1895; re-en. Sec. 4437, Rev. C. 1907; re-en. Sec. 6679, R.C.M. 1921; Cal. Civ. C. Sec. 682; Field Civ. C. Sec. 175; re-en. Sec. 6679, R.C.M. 1935; R.C.M. 1947, 67-307.