2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 2. Preliminary Procedure › 70-30-207. Appointment of condemnation commissioners -- affidavit -- compensation

70-30-207. Appointment of condemnation commissioners -- affidavit -- compensation.
(1) Within 30 days of entry of a preliminary condemnation order, the condemnee shall file a statement of the condemnee's claim of just compensation. If within 20 days of service of the condemnee's claim the condemnor fails to accept the claim, the court shall appoint condemnation commissioners. The commission hearing may be waived by written consent of both parties, in which case the proceeding must be conducted in the district court as if the case had been appealed from an award by the commissioners.
(2) The court shall appoint three qualified, disinterested condemnation commissioners, unless appointment has been waived. One of the commissioners must be nominated by the condemnor. One of the commissioners must be nominated by the condemnee. The third commissioner is the presiding officer and must be nominated by the two commissioners previously nominated. However, if the two commissioners fail to make the choice at the time of their appointment, then the nomination must be made by the presiding judge.
(3) Each commissioner:
(a) must have sufficient knowledge of the English language;
(b) must be a resident of a county within the judicial district in which the action is pending;
(c) may not be related within the sixth degree of consanguinity to any party; and
(d) may not stand in the relation of guardian and ward, master and servant, debtor and creditor, principal and agent, or partner or surety to any party.
(4) At the time of the meeting and nominations, there must be filed with the court by each nominating party or judge an affidavit of the person nominated stating substantially the following:
(a) that the person has not formed an unqualified opinion or belief as to the compensation to be awarded in the proceeding or as to the fairness or unfairness of the condemnor's offer for the lands and improvements of the condemnee;
(b) that the person has no enmity against or bias in favor of any party and has not discussed, communicated, overheard, or read any discussion or communication from any party relating to values of the lands in question or the compensation offered, demanded, or to be awarded;
(c) that if selected as a condemnation commissioner, the person is willing to serve and will try the issues of compensation and render a decision according to the evidence and in compliance with the instructions of the court; and
(d) that the person will not discuss the case with anyone except the other commissioners until a decision has been filed with the court.
(5) The court shall specify the compensation of the condemnation commissioners, which may not exceed $250 for each hearing day, including expenses. The condemnor shall pay the compensation of the commissioners.
History: En. Sec. 608, 1st Div. Comp. Stat. 1887; amd. Sec. 1, p. 269, L. 1891; amd. Sec. 2221, C. Civ. Proc. 1895; re-en. Sec. 7341, Rev. C. 1907; re-en. Sec. 9944, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1248; re-en. Sec. 9944, R.C.M. 1935; amd. Sec. 4, Ch. 234, L. 1961; amd. Sec. 19, Ch. 423, L. 1971; R.C.M. 1947, 93-9912(part); amd. Sec. 1, Ch. 8, L. 1979; amd. Sec. 1, Ch. 122, L. 1983; amd. Sec. 7, Ch. 622, L. 1983; amd. Sec. 3, Ch. 666, L. 1985; amd. Sec. 65, Ch. 125, L. 2001.