reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-804. Contents of safe deposit box or other safekeeping depository

70-9-804. Contents of safe deposit box or other safekeeping depository.
Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law are presumed abandoned if the property remains unclaimed by the owner for more than 5 years after expiration of the lease or rental period on the box or other depository.
History: En. Sec. 4, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-805. Rules for taking custody

70-9-805. Rules for taking custody.
Except as otherwise provided in this part or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:
(1) the last-known address of the apparent owner, as shown on the records of the holder, is in this state;
(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last-known address of the person entitled to the property is in this state;
(3) the records of the holder do not reflect the last-known address of the apparent owner and it is established that:
(a) the last-known address of the person entitled to the property is in this state; or
(b) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last-known address of the apparent owner or other person entitled to the property;
(4) the last-known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;
(5) the last-known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;
(6) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last-known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
(7) the property is a traveler's check or money order purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.
History: En. Sec. 5, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-806. Dormancy charge

70-9-806. Dormancy charge.
A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
History: En. Sec. 6, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-807. Burden of proof as to property evidenced by record of check or draft

70-9-807. Burden of proof as to property evidenced by record of check or draft.
A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder that is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.
History: En. Sec. 7, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-809. Payment or delivery of abandoned property

70-9-809. Payment or delivery of abandoned property.
(1) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by 70-9-808, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; however, if the property is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until 60 days after filing the report required by 70-9-808.
(2) If the property reported to the administrator is a security or security entitlement under Title 30, chapter 8, the administrator is an appropriate person to make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with Title 30, chapter 8.
(3) If the property reported to the administrator is a virtual currency, the holder shall liquidate the virtual currency within 30 days of filing the report and remit the proceeds in United States currency to the administrator. The holder may not sell a virtual currency for less than the price prevailing on an established virtual currency exchange at the time of the sale. The holder may sell a virtual currency not listed on an established virtual currency exchange by any commercially reasonable method. Prior to selling a virtual currency, the holder shall send written notice to the apparent owner not less than 60 days before the sale that the virtual currency will be liquidated.
(4) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with 70-9-811.
History: En. Sec. 9, Ch. 124, L. 1997; amd. Sec. 4, Ch. 588, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-810. Notice and publication of lists of abandoned property

70-9-810. Notice and publication of lists of abandoned property.
(1) The administrator shall publish every 3 months in at least one newspaper of general circulation in each county in this state in which a newspaper is published an advertisement of property held by the administrator that:
(a) directs the public to the administrator's unclaimed property website provided in subsection (2);
(b) includes a telephone number and electronic mail address to contact the administrator to inquire about or claim property; and
(c) includes a statement that a person may access the internet by a computer to search for unclaimed property and a computer may be available as a service to the public at a local public library.
(2) The administrator shall maintain an unclaimed property website that can be accessed and is easily searchable by the public. The website must contain:
(a) the name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;
(b) the last-known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder;
(c) a statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and
(d) a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.
History: En. Sec. 10, Ch. 124, L. 1997; amd. Sec. 5, Ch. 588, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-812. Public sale of abandoned property

70-9-812. Public sale of abandoned property.
(1) Except as otherwise provided in this section, the administrator, within 3 years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state, which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, on the unclaimed property website maintained by the administrator.
(2) Securities listed on an established stock exchange must be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any reasonable method selected by the administrator. If securities are sold by the administrator before the expiration of 3 years after their delivery to the administrator, a person making a claim under this part before the end of the 3-year period is entitled to the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever is greater, plus dividends, interest, and other increments up to the time the claim is made, less any deduction for expenses of sale. A person making a claim under this part after the expiration of the 3-year period is entitled to receive the securities delivered to the administrator by the holder, if they still remain in the custody of the administrator, or the net proceeds received from sale and is not entitled to receive any appreciation in the value of the property occurring after delivery to the administrator except in a case of intentional misconduct or malfeasance by the administrator.
(3) A purchaser of property at a sale conducted by the administrator pursuant to this part takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
History: En. Sec. 12, Ch. 124, L. 1997; amd. Sec. 6, Ch. 588, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-813. Deposit of funds

70-9-813. Deposit of funds.
(1) Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this part, including the proceeds from the sale of abandoned property under 70-9-812. The administrator shall retain in a separate trust fund at least $100,000 from which the administrator shall pay claims allowed. The administrator shall record the name and last-known address of each person appearing from the holders' reports to be entitled to the property and the name and last-known address of each insured person or annuitant and beneficiary and, with respect to each policy or annuity listed in the report of an insurance company, its number, the name of the company, and the amount due.
(2) Before making a deposit to the credit of the general fund, the administrator may deduct:
(a) expenses of sale of abandoned property;
(b) costs of mailing and publication in connection with abandoned property;
(c) reasonable service charges; and
(d) expenses incurred in examining records of holders of property and in collecting the property from those holders.
History: En. Sec. 13, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-814. Claim of another state to recover property

70-9-814. Claim of another state to recover property.
(1) After property has been paid or delivered to the administrator under this part, another state may recover the property if:
(a) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last-known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;
(b) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted, the property has escheated or become subject to a claim of abandonment by that state;
(c) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last-known location of the owner within the borders of another state, and under the laws of that state, the property has escheated or become subject to a claim of abandonment by that state;
(d) the property was subjected to custody by this state under 70-9-805(6), and under the laws of the state of domicile of the holder, the property has escheated or become subject to a claim of abandonment by that state; or
(e) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under 70-9-805(7), and under the laws of the other state, the property has escheated or become subject to a claim of abandonment by that state.
(2) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within 90 days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (1).
(3) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
History: En. Sec. 14, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-815. Filing claim with administrator -- handling of claims by administrator

70-9-815. Filing claim with administrator -- handling of claims by administrator.
(1) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
(2) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under 70-9-816.
(3) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under 70-9-812.
(4) A holder that pays the owner for property that has been delivered to the state and that, if claimed from the administrator by the owner, would be subject to an increment under 70-9-812 may recover from the administrator the amount of the increment.
History: En. Sec. 15, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-816. Action to establish claim

70-9-816. Action to establish claim.
A person aggrieved by a decision of the administrator or whose claim has not been acted upon within 90 days after its filing may maintain an original action to establish the claim in the district court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney fees.
History: En. Sec. 16, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-817. Election to take payment or delivery

70-9-817. Election to take payment or delivery.
(1) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale.
(2) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property that is delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this part.
History: En. Sec. 17, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability

70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability.
If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section except for intentional misconduct or malfeasance.
History: En. Sec. 18, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-819. Periods of limitation

70-9-819. Periods of limitation.
(1) The expiration, before or after July 1, 1997, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.
(2) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
History: En. Sec. 19, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-821. Retention of records

70-9-821. Retention of records.
(1) Except as otherwise provided in subsection (2), a holder required to file a report under 70-9-808 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report unless a shorter period is provided by rule of the administrator.
(2) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for 3 years after the holder files the report.
History: En. Sec. 21, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-822. Enforcement

70-9-822. Enforcement.
The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney fees to the prevailing party.
History: En. Sec. 22, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states

70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states.
(1) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in 70-9-820. The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.
(2) The administrator may join with another state to seek enforcement of this part against any person that is or may be holding property reportable under this part.
(3) At the request of another state, the attorney general of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state if the other state has agreed to pay expenses incurred by the attorney general in maintaining the action.
(4) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the attorney general of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney fees may be paid from money received under this part. The administrator may agree to pay expenses and attorney fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this part.
History: En. Sec. 23, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-824. Interest and penalties

70-9-824. Interest and penalties.
(1) A holder that fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of 12% on the property or value of the property from the date the property should have been reported, paid, or delivered.
(2) Except as otherwise provided in subsection (3), a holder that fails to report, pay, or deliver property within the time prescribed by this part, or fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $100 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $2,500.
(3) A holder that willfully fails to report, pay, or deliver property within the time prescribed by this part, or willfully fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.
(4) A holder that makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (1), a civil penalty of $1,000 for each day from the date a report under this part was due, up to a maximum of $25,000, plus 25% of the value of any property that should have been but was not reported.
(5) The administrator for good cause may waive, in whole or in part, interest under subsection (1) and penalties under subsections (2) and (3) and shall waive penalties if the holder acted in good faith and without negligence.
History: En. Sec. 24, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-825. Agreement to locate property

70-9-825. Agreement to locate property.
(1) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim.
(2) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.
(3) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
(4) An agreement covered by this section that provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney fees to an owner who prevails in the action.
(5) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation.
History: En. Sec. 25, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-826. Foreign transactions

70-9-826. Foreign transactions.
This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction.
History: En. Sec. 26, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-827. Transitional provisions

70-9-827. Transitional provisions.
(1) An initial report filed under this part for property that was not required to be reported before July 1, 1997, but that is subject to this part must include all items of property that would have been presumed abandoned during the 10-year period next preceding July 1, 1997, as if this part had been in effect during that period.
(2) This part does not relieve a holder of a duty that arose before July 1, 2023, to report, pay, or deliver property. Except as otherwise provided in 70-9-819(2), a holder that did not comply with the law in effect before July 1, 2023, is subject to the applicable provisions for enforcement and penalties that then existed, which are continued in effect for the purpose of this section.
History: En. Sec. 27, Ch. 124, L. 1997; amd. Sec. 8, Ch. 588, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-828. Rules

70-9-828. Rules.
The administrator may adopt, pursuant to Title 2, chapter 4, rules necessary to carry out this part.
History: En. Sec. 28, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-829. Uniformity of application and construction

70-9-829. Uniformity of application and construction.
This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
History: En. Sec. 29, Ch. 124, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 9. Disposition of Unclaimed Property › Part 8. Uniform Unclaimed Property Act › 70-9-830. When security presumed abandoned

70-9-830. When security presumed abandoned.
(1) A security is presumed abandoned 3 years after:
(a) except as provided in subsection (1)(b), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or
(b) if the second communication is sent later than 30 days after the date the first communication is returned to the holder undelivered by the United States postal service, the date the first communication was returned to the holder undelivered by the United States postal service.
(2) If the holder does not send communications to the apparent owner of a security by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic mail communication not later than 2 years after the apparent owner's last indication of interest in the security. However, the holder shall promptly attempt to contact the apparent owner by first-class United States mail if:
(a) the holder does not have the information needed to send the apparent owner an electronic mail communication or the holder believes that the apparent owner's electronic mail address in the holder's records is invalid;
(b) the holder receives notification that the electronic mail communication was not received; or
(c) the apparent owner does not respond to the electronic mail communication within 30 days after the communication was sent.
(3) If first-class United States mail sent under subsection (2) is returned to the holder undelivered by the United States postal service, the security is presumed abandoned 3 years after the date the mail is returned.
History: En. Sec. 9, Ch. 588, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 1. Real Property Defined Fixtures and Appurtenances › 70-15-101. Real property defined

70-15-101. Real property defined.
Real or immovable property consists of:
(1) land;
(2) that which is affixed to land;
(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.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 1. Real Property Defined Fixtures and Appurtenances › 70-15-102. Land defined

70-15-102. Land defined.
Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.
History: En. Sec. 1075, Civ. C. 1895; re-en. Sec. 4426, Rev. C. 1907; re-en. Sec. 6668, R.C.M. 1921; Cal. Civ. C. Sec. 659; Field Civ. C. Sec. 164; re-en. Sec. 6668, R.C.M. 1935; R.C.M. 1947, 67-208.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 1. Real Property Defined Fixtures and Appurtenances › 70-15-103. Fixture defined

70-15-103. Fixture defined.
A thing is deemed to be affixed to land when it is:
(1) attached to it by roots, as in the case of trees, vines, or shrubs;
(2) imbedded in it, as in the case of walls;
(3) permanently resting upon it, as in the case of buildings; or
(4) permanently attached to what is thus permanent as by means of cement, plaster, nails, bolts, or screws.
History: En. Sec. 1076, Civ. C. 1895; re-en. Sec. 4427, Rev. C. 1907; re-en. Sec. 6669, R.C.M. 1921; Cal. Civ. C. Sec. 660; Field Civ. C. Sec. 165; re-en. Sec. 6669, R.C.M. 1935; R.C.M. 1947, 67-209.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 1. Real Property Defined Fixtures and Appurtenances › 70-15-104. Fixtures attached to mines

70-15-104. Fixtures attached to mines.
Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine are to be deemed affixed to the mine.
History: En. Sec. 1077, Civ. C. 1895; re-en. Sec. 4428, Rev. C. 1907; re-en. Sec. 6670, R.C.M. 1921; Cal. Civ. C. Sec. 661; re-en. Sec. 6670, R.C.M. 1935; R.C.M. 1947, 67-210.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 1. Real Property Defined Fixtures and Appurtenances › 70-15-105. Incident or appurtenance defined

70-15-105. Incident or appurtenance defined.
A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse or of a passage for light, air, or heat from or across the land of another.
History: En. Sec. 1078, Civ. C. 1895; re-en. Sec. 4429, Rev. C. 1907; re-en. Sec. 6671, R.C.M. 1921; Cal. Civ. C. Sec. 662; Field Civ. C. Sec. 166; re-en. Sec. 6671, R.C.M. 1935; R.C.M. 1947, 67-211.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-201. Application of classifications

70-15-201. Application of classifications.
The names and classification of interests in real property have only such application to interests in personal property as is in this code expressly provided.
History: En. Sec. 1123, Civ. C. 1895; re-en. Sec. 4456, Rev. C. 1907; re-en. Sec. 6698, R.C.M. 1921; Cal. Civ. C. Sec. 702; Field Civ. C. Sec. 194; re-en. Sec. 6698, R.C.M. 1935; R.C.M. 1947, 67-328.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-202. Enumeration of estates

70-15-202. Enumeration of estates.
Estates in real property, in respect to the duration of their enjoyment, are either:
(1) estates of inheritance or perpetual estates;
(2) estates for life;
(3) estates for years;
(4) estates from year to year, quarter to quarter, month to month, week to week, day to day, and for other indefinite and unascertained durations of enjoyment whatsoever, except estates or tenancies at will; or
(5) estates at will.
History: En. Sec. 1210, Civ. C. 1895; re-en. Sec. 4481, Rev. C. 1907; re-en. Sec. 6723, R.C.M. 1921; Cal. Civ. C. Sec. 761; Field Civ. C. Sec. 218; amd. Sec. 1, Ch. 48, L. 1931; re-en. Sec. 6723, R.C.M. 1935; R.C.M. 1947, 67-502.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-203. Fee simple

70-15-203. Fee simple.
Every estate of inheritance is a fee, and such estate, when not defeasible or conditional, is a fee simple or an absolute fee.
History: En. Sec. 1211, Civ. C. 1895; re-en. Sec. 4482, Rev. C. 1907; re-en. Sec. 6724, R.C.M. 1921; Cal. Civ. C. Sec. 762; Based on Field Civ. Sec. 219; re-en. Sec. 6724, R.C.M. 1935; R.C.M. 1947, 67-503.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-204. Estates tail abolished -- considered fee simple

70-15-204. Estates tail abolished -- considered fee simple.
Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple and, if no valid remainder is limited thereon, is a fee simple absolute.
History: En. Sec. 1212, Civ. C. 1895; re-en. Sec. 4483, Rev. C. 1907; re-en. Sec. 6725, R.C.M. 1921; Cal. Civ. C. Sec. 763; Based on Field Civ. C. Sec. 220; re-en. Sec. 6725, R.C.M. 1935; R.C.M. 1947, 67-504.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-205. Remainder limited upon fee tail valid -- vesting

70-15-205. Remainder limited upon fee tail valid -- vesting.
When a remainder in fee is limited upon any estate that would by the common law be adjudged a fee tail, the remainder is valid as a contingent limitation upon a fee and vests in possession on the death of the first taker without issue living at the time of the first taker's death.
History: En. Sec. 1213, Civ. C. 1895; re-en. Sec. 4484, Rev. C. 1907; re-en. Sec. 6726, R.C.M. 1921; Cal. Civ. C. Sec. 764; Based on Field Civ. C. Sec. 221; re-en. Sec. 6726, R.C.M. 1935; R.C.M. 1947, 67-505; amd. Sec. 2112, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-206. Freehold estates -- chattels real -- chattel interests

70-15-206. Freehold estates -- chattels real -- chattel interests.
Estates of inheritance and for life are called estates of freehold; estates for years and estates embraced by the provisions of 70-15-202(4) are chattels real; and estates at will are chattel interests but are not liable as such to sale on execution.
History: En. Sec. 1214, Civ. C. 1895; re-en. Sec. 4485, Rev. C. 1907; re-en. Sec. 6727, R.C.M. 1921; Cal. Civ. C. Sec. 765; Field Civ. C. Sec. 222; amd. Sec. 1, Ch. 49, L. 1931; re-en. Sec. 6727, R.C.M. 1935; R.C.M. 1947, 67-506.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-207. Estate for life of third person -- freehold

70-15-207. Estate for life of third person -- freehold.
An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
History: En. Sec. 1215, Civ. C. 1895; re-en. Sec. 4486, Rev. C. 1907; re-en. Sec. 6728, R.C.M. 1921; Cal. Civ. C. Sec. 766; re-en. Sec. 6728, R.C.M. 1935; R.C.M. 1947, 67-507.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-208. Term of years -- suspension of absolute ownership

70-15-208. Term of years -- suspension of absolute ownership.
The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.
History: En. Sec. 1219, Civ. C. 1895; re-en. Sec. 4490, Rev. C. 1907; re-en. Sec. 6732, R.C.M. 1921; Cal. Civ. C. Sec. 770; re-en. Sec. 6732, R.C.M. 1935; R.C.M. 1947, 67-511.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-209. Future estate -- right of possession at future day

70-15-209. Future estate -- right of possession at future day.
A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate or on the termination by lapse of time or otherwise of a precedent estate created at the same time.
History: En. Sec. 1216, Civ. C. 1895; re-en. Sec. 4487, Rev. C. 1907; re-en. Sec. 6729, R.C.M. 1921; Cal. Civ. C. Sec. 767; Field Civ. C. Sec. 224; re-en. Sec. 6729, R.C.M. 1935; R.C.M. 1947, 67-508.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-210. Reversion

70-15-210. Reversion.
A reversion is the residue of an estate left by operation of law in the grantor or the grantor's successors or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised.
History: En. Sec. 1217, Civ. C. 1895; re-en. Sec. 4488, Rev. C. 1907; re-en. Sec. 6730, R.C.M. 1921; Cal. Civ. C. Sec. 768; Field Civ. C. Sec. 225; re-en. Sec. 6730, R.C.M. 1935; R.C.M. 1947, 67-509; amd. Sec. 2113, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-211. Remainder

70-15-211. Remainder.
When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder and may be created and transferred by that name.
History: En. Sec. 1218, Civ. C. 1895; re-en. Sec. 4489, Rev. C. 1907; re-en. Sec. 6731, R.C.M. 1921; Cal. Civ. C. Sec. 769; Field Civ. C. Sec. 226; re-en. Sec. 6731, R.C.M. 1935; R.C.M. 1947, 67-510.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-212. Future and contingent estates -- how created

70-15-212. Future and contingent estates -- how created.
Subject to the rules of parts 1, 3, and 4 of chapter 1, parts 1 and 2 of this chapter, and part 1 of chapter 17:
(1) a freehold estate, as well as a chattel real, may be created to commence at a future day;
(2) an estate for life may be created in a term of years and a remainder limited thereon;
(3) a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and
(4) a fee may be limited on a fee upon a contingency which, if it should occur, must happen within the period prescribed in this code.
History: En. Sec. 1222, Civ. C. 1895; re-en. Sec. 4493, Rev. C. 1907; re-en. Sec. 6735, R.C.M. 1921; Cal. Civ. C. Sec. 773; Field Civ. C. Sec. 230; re-en. Sec. 6735, R.C.M. 1935; R.C.M. 1947, 67-514.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-213. Remainder upon a contingency

70-15-213. Remainder upon a contingency.
A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate, and every such remainder is to be deemed a conditional limitation.
History: En. Sec. 1227, Civ. C. 1895; re-en. Sec. 4498, Rev. C. 1907; re-en. Sec. 6740, R.C.M. 1921; Cal. Civ. C. Sec. 778; Field Civ. C. Sec. 236; re-en. Sec. 6740, R.C.M. 1935; R.C.M. 1947, 67-519.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-214. Remainder not upon a contingency -- when to take effect

70-15-214. Remainder not upon a contingency -- when to take effect.
When a remainder of an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker or the expiration by lapse of time of such term of years.
History: En. Sec. 1229, Civ. C. 1895; re-en. Sec. 4500, Rev. C. 1907; re-en. Sec. 6742, R.C.M. 1921; Cal. Civ. C. Sec. 780; Field Civ. C. Sec. 238; re-en. Sec. 6742, R.C.M. 1935; R.C.M. 1947, 67-521.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-215. Remainder to heirs of tenant for life -- effect of

70-15-215. Remainder to heirs of tenant for life -- effect of.
When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same property is given, the persons who on the termination of the life estate are the successors or heirs of the body of the owner for life are entitled to take by virtue of the remainder so limited to them and not as mere successors of the owner for life.
History: En. Sec. 1228, Civ. C. 1895; re-en. Sec. 4499, Rev. C. 1907; re-en. Sec. 6741, R.C.M. 1921; Cal. Civ. C. Sec. 779; Field Civ. C. Sec. 237; re-en. Sec. 6741, R.C.M. 1935; R.C.M. 1947, 67-520.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 2. Classification of Interests in Real Property › 70-15-216. When vesting of future estate not prevented by power of appointment

70-15-216. When vesting of future estate not prevented by power of appointment.
A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
History: En. Sec. 1230, Civ. C. 1895; re-en. Sec. 4501, Rev. C. 1907; re-en. Sec. 6743, R.C.M. 1921; Cal. Civ. C. Sec. 781; Field Civ. C. Sec. 239; re-en. Sec. 6743, R.C.M. 1935; R.C.M. 1947, 67-522.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 3. Powers › 70-15-301. Power defined

70-15-301. Power defined.
A "power", as the term is used in this part, is an authority to do some act in relation to real property or to the creation or revocation of an estate in or a charge on the real property that the owner granting or reserving the power might personally perform for any purpose.
History: En. Sec. 1330, Civ. C. 1895; re-en. Sec. 4551, Rev. C. 1907; re-en. Sec. 6798, R.C.M. 1921; Field Civ. C. Sec. 302; re-en. Sec. 6798, R.C.M. 1935; R.C.M. 1947, 67-901; amd. Sec. 2114, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 3. Powers › 70-15-302. Who may not execute power

70-15-302. Who may not execute power.
A power cannot be executed by any person not capable of disposing of real property.
History: En. Sec. 1331, Civ. C. 1895; re-en. Sec. 4552, Rev. C. 1907; re-en. Sec. 6799, R.C.M. 1921; Field Civ. C. Sec. 319; re-en. Sec. 6799, R.C.M. 1935; R.C.M. 1947, 67-902.