reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 3. Sale and Disposition of Proceeds › 70-29-326. Tenant for life or years -- compensation upon sale

70-29-326. Tenant for life or years -- compensation upon sale.
(1) The person entitled to a tenancy for life or years or who has a right or inchoate right of dower and whose estate has been sold is entitled to receive a sum that may be considered a reasonable satisfaction for the estate and that the person entitled may consent to accept instead of the right by an instrument in writing filed with the clerk of the court. Upon the filing of the consent, the clerk shall enter the consent in the minutes of the court.
(2) If the consent is not given, filed, and entered, as provided in subsection (1), at or before a judgment of sale is rendered, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of the estate and shall order the sum to be paid to the party or deposited in court for the party, as the case may require.
(3) If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner as if they were known and had appeared.
History: (1)En. Sec. 518, p. 145, Bannack Stat.; re-en. Sec. 290, p. 194, L. 1867; re-en. Sec. 339, p. 101, Cod. Stat. 1871; re-en. Sec. 390, p. 146, L. 1877; re-en. Sec. 390, 1st Div. Rev. Stat. 1879; re-en. Sec. 403, 1st Div. Comp. Stat. 1887; re-en. Sec. 1373, C. Civ. Proc. 1895; re-en. Sec. 6916, Rev. C. 1907; re-en. Sec. 9549, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 778; re-en. Sec. 9549, R.C.M. 1935; Sec. 93-6334, R.C.M. 1947; (2)En. Sec. 519, p. 145, Bannack Stat.; re-en. Sec. 291, p. 195, L. 1867; re-en. Sec. 340, p. 102, Cod. Stat. 1871; re-en. Sec. 391, p. 146, L. 1877; re-en. Sec. 391, 1st Div. Rev. Stat. 1879; re-en. Sec. 404, 1st Div. Comp. Stat. 1887; re-en. Sec. 1374, C. Civ. Proc. 1895; re-en. Sec. 6917, Rev. C. 1907; re-en. Sec. 9550, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 779; re-en. Sec. 9550, R.C.M. 1935; Sec. 93-6335, R.C.M. 1947; (3)En. Sec. 520, p. 146, Bannack Stat.; re-en. Sec. 292, p. 195, L. 1867; re-en. Sec. 341, p. 102, Cod. Stat. 1871; re-en. Sec. 392, p. 147, L. 1877; re-en. Sec. 392, 1st Div. Rev. Stat. 1879; re-en. Sec. 405, 1st Div. Comp. Stat. 1887; re-en. Sec. 1375, C. Civ. Proc. 1895; re-en. Sec. 6918, Rev. C. 1907; re-en. Sec. 9551, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 780; re-en. Sec. 9551, R.C.M. 1935; Sec. 93-6336, R.C.M. 1947; R.C.M. 1947, 93-6334, 93-6335, 93-6336; amd. Sec. 2228, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 3. Sale and Disposition of Proceeds › 70-29-327. Minor's share of proceeds -- payment to guardian

70-29-327. Minor's share of proceeds -- payment to guardian.
When the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to the minor's general guardian or the special guardian appointed for the minor in the action upon giving the security required by law or directed by order of the court.
History: En. Sec. 533, p. 148, Bannack Stat.; re-en. Sec. 305, p. 196, L. 1867; re-en. Sec. 354, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1388, C. Civ. Proc. 1895; re-en. Sec. 6931, Rev. C. 1907; re-en. Sec. 9564, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 793; re-en. Sec. 9564, R.C.M. 1935; R.C.M. 1947, 93-6349; amd. Sec. 10, Ch. 2, L. 1983; amd. Sec. 2229, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 3. Sale and Disposition of Proceeds › 70-29-328. Incompetent's share of proceeds -- payment to guardian

70-29-328. Incompetent's share of proceeds -- payment to guardian.
The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.
History: En. Sec. 534, p. 148, Bannack Stat.; re-en. Sec. 306, p. 196, L. 1867; re-en. Sec. 355, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1389, C. Civ. Proc. 1895; re-en. Sec. 6932, Rev. C. 1907; re-en. Sec. 9565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 794; re-en. Sec. 9565, R.C.M. 1935; R.C.M. 1947, 93-6350; amd. Sec. 25, Ch. 115, L. 1979; amd. Sec. 38, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 3. Sale and Disposition of Proceeds › 70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested

70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested.
Where there are proceeds of a sale belonging to an unknown owner or to a person without the state who has no legal representative within it, the same must be invested in bonds of this state or the United States for the benefit of the persons entitled thereto.
History: En. Sec. 528, p. 146, Bannack Stat.; re-en. Sec. 300, p. 195, L. 1867; re-en. Sec. 349, p. 103, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1383, C. Civ. Proc. 1895; re-en. Sec. 6926, Rev. C. 1907; re-en. Sec. 9559, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 788; re-en. Sec. 9559, R.C.M. 1935; R.C.M. 1947, 93-6344.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 3. Sale and Disposition of Proceeds › 70-29-330. Duty of clerk as to security and investments

70-29-330. Duty of clerk as to security and investments.
The clerk of court in whose name a security is taken or by whom an investment is made and the clerk's successors in office:
(1) must receive the interest and principal as it becomes due and shall apply and invest the interest and principal as the court may direct;
(2) shall deposit with the county treasurer all securities taken; and
(3) shall keep an account of investments and money received and the disposition of the investments and money in a book provided and kept for that purpose in the clerk's office that is free for inspection by all persons.
History: En. Sec. 531, p. 147, Bannack Stat.; re-en. Sec. 303, p. 196, L. 1867; re-en. Sec. 352, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1386, C. Civ. Proc. 1895; re-en. Sec. 6929, Rev. C. 1907; re-en. Sec. 9562, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 791; re-en. Sec. 9562, R.C.M. 1935; R.C.M. 1947, 93-6347; amd. Sec. 2230, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-401. Short title

70-29-401. Short title.
This part may be cited as the "Uniform Partition of Heirs Property Act".
History: En. Sec. 1, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-402. Definitions

70-29-402. Definitions.
As used in this part, the following definitions apply:
(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4) "Determination of value" means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants.
(5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a) there is no agreement in a record binding all the cotenants that governs the partition of the property;
(b) one or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) any of the following applies:
(i) 20% or more of the interests are held by cotenants who are relatives;
(ii) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) 20% or more of the cotenants are relatives.
(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414.
(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
History: En. Sec. 2, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-403. Applicability -- relation to other laws

70-29-403. Applicability -- relation to other laws.
(1) This part applies to partition actions filed on or after October 1, 2013.
(2) In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.
(3) This part supplements Title 70, chapter 29, parts 1 through 3, and, if an action is governed by this part, replaces provisions of Title 70, chapter 29, parts 1 through 3, that are inconsistent with this part.
History: En. Sec. 3, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-404. Service -- notice by posting

70-29-404. Service -- notice by posting.
(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.
(2) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
History: En. Sec. 4, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-405. Referees

70-29-405. Referees.
If the court appoints referees pursuant to 70-29-202, each referee, in addition to the requirements and disqualifications applicable to referees in Title 70, chapter 29, part 2, must be disinterested and impartial and not a party to or a participant in the action.
History: En. Sec. 5, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-410. Determination of value

70-29-410. Determination of value.
(1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).
(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(5) If an appraisal is conducted pursuant to subsection (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address stating:
(a) the appraised fair market value of the property;
(b) that the appraisal is available at the clerk's office; and
(c) that a party may file with the court an objection to the appraisal, not later than 30 days after the notice is sent, stating the grounds for the objection.
(6) If an appraisal is filed with the court pursuant to subsection (4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (5), whether or not an objection to the appraisal is filed under subsection (5)(c). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(7) After a hearing under subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
History: En. Sec. 6, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-412. Partition alternatives

70-29-412. Partition alternatives.
(1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in 70-29-413, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
(2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to 70-29-414 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to 70-29-411, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property must remain undivided.
History: En. Sec. 8, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-413. Partition in kind -- considerations

70-29-413. Partition in kind -- considerations
. (1) In determining under 70-29-412(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:
(a) whether the heirs property practicably can be divided among the cotenants;
(b) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(c) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(d) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(g) any other relevant factor.
(2) The court may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.
History: En. Sec. 9, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-414. Open market sale -- sealed bids -- auction

70-29-414. Open market sale -- sealed bids -- auction
. (1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) the broker shall comply with the reporting requirements in 70-29-415; and
(b) the sale may be completed in accordance with state law other than this part.
(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(a) approve the highest outstanding offer, if any;
(b) redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) order that the property be sold by sealed bids or at an auction.
(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under 70-29-301.
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
History: En. Sec. 10, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-415. Report of open-market sale

70-29-415. Report of open-market sale.
(1) Unless required to do so within a shorter time by any other law of this state, a broker appointed under 70-29-412(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under 70-29-410 or 70-29-414.
(2) The report required by subsection (1) must contain the following information:
(a) a description of the property to be sold to each buyer;
(b) the name of each buyer;
(c) the proposed purchase price;
(d) the terms and conditions of the proposed sale, including the terms of any owner financing;
(e) the amounts to be paid to lienholders;
(f) a statement of contractual or other arrangements or conditions of the broker's commission; and
(g) other material facts relevant to the sale.
History: En. Sec. 11, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-419. Uniformity of application and construction

70-29-419. Uniformity of application and construction
. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 12, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 29. Partition of Real Property › Part 4. Uniform Partition of Heirs Property Act › 70-29-420. Relation to Electronic Signatures in Global and National Commerce Act

70-29-420. Relation to Electronic Signatures in Global and National Commerce Act
. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History: En. Sec. 13, Ch. 263, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-101. Eminent domain defined

70-30-101. Eminent domain defined.
Eminent domain is the right of the state to take private property for public use. This right may be exercised in the manner provided in this chapter.
History: En. Sec. 579, p. 189, L. 1877; re-en. Sec. 579, 1st Div. Rev. Stat. 1879; re-en. Sec. 597, 1st Div. Comp. Stat. 1887; amd. Sec. 2210, C. Civ. Proc. 1895; re-en. Sec. 7330, Rev. C. 1907; re-en. Sec. 9933, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1237; re-en. Sec. 9933, R.C.M. 1935; R.C.M. 1947, 93-9901.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-103. What property may be taken

70-30-103. What property may be taken.
(1) The property that may be taken under this chapter includes:
(a) all real property belonging to any person;
(b) land that belongs to this state or to any county, city, or town and that is not appropriated to some public use;
(c) property appropriated to a public use, but the property may not be taken unless for a more necessary public use than that to which it has already been appropriated;
(d) franchises for roads, bridges, and ferries and all other franchises; but the franchises may not be taken unless for free highways, free bridges, railroads, or another more necessary public use; or
(e) a right-of-way for any public use mentioned in 70-30-102 and any structures and improvements on the right-of-way. The land held and used in connection with the right-of-way must be subject to being connected with, crossed, or intersected by any other right-of-way improvements or structures on the right-of-way. The improvements or structures must also be subject to a limited use in common with the owner of the improvements or structures when necessary. However, the uses, crossings, intersections, and connections must be made in the manner that is most compatible with the greatest public benefit and least private injury.
(2) All classes of private property not enumerated may be taken for public use when the taking is authorized by law.
History: En. Sec. 582, p. 190, L. 1877; re-en. Sec. 582, 1st Div. Rev. Stat. 1879; re-en. Sec. 600, 1st Div. Comp. Stat. 1887; amd. Sec. 2213, C. Civ. Proc. 1895; re-en. Sec. 7333, Rev. C. 1907; re-en. Sec. 9936, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1240; re-en. Sec. 9936, R.C.M. 1935; R.C.M. 1947, 93-9904; amd. Sec. 53, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-104. What estates and rights in land may be taken

70-30-104. What estates and rights in land may be taken.
(1) The following is a classification of the estates and rights in land subject to taking for public use:
(a) subject to subsection (2), estates or rights that are necessary, up to and including a fee simple interest, when taken for:
(i) public buildings or grounds;
(ii) permanent buildings;
(iii) an outlet for a flow or a place for the deposit of debris or tailings of a mine;
(iv) the mining and extracting of ores, metals, or minerals when the ores, metals, or minerals are owned by the condemnor but are located beneath or upon the surface of property for which the title to the surface vests in others; or
(v) the underground storage of natural gas by a natural gas public utility as defined in 82-10-301. When the taking is for the underground storage of natural gas, all of the right, title, interest, and estate in the real property and in the subsand stratum, formation, or reservoir taken must be determinable and for all purposes terminates upon abandonment or upon cessation for the period of 1 year of the use for which the property was taken. Upon the abandonment or cessation, the ownership of the residue of natural gas remaining in the reservoir vests in the current owners of the surface property over the reservoir space.
(b) the estate or rights in the surface property that are necessary for a reservoir or dam and for the permanent flooding that results from the reservoir or dam, up to the edge of the maximum pool of the reservoir;
(c) an easement, leasehold, or other interest, for as long as the interest is necessary for the purpose described in the complaint, or fee simple interest when taken for any other use;
(d) the right of entry upon and occupation of land and the right to take from the land any earth, gravel, stones, trees, and timber that may be necessary for some public use.
(2) Subject to 60-4-102, an easement is presumed to be sufficient for a project for a public use unless the parties agree that a greater interest should be taken or the condemnor shows by a preponderance of the evidence that a greater interest is necessary.
History: En. Sec. 581, p. 190, L. 1877; re-en. Sec. 581, 1st Div. Rev. Stat. 1879; re-en. Sec. 599, 1st Div. Comp. Stat. 1887; re-en. Sec. 2212, C. Civ. Proc. 1895; re-en. Sec. 7332, Rev. C. 1907; re-en. Sec. 9935, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1239; re-en. Sec. 9935, R.C.M. 1935; amd. Sec. 1, Ch. 158, L. 1943; amd. Sec. 2, Ch. 245, L. 1953; amd. Sec. 7, Ch. 259, L. 1955; amd. Sec. 2, Ch. 216, L. 1961; R.C.M. 1947, 93-9903; amd. Sec. 1, Ch. 97, L. 1979; amd. Sec. 1, Ch. 622, L. 1983; amd. Sec. 2, Ch. 19, L. 2001; amd. Sec. 54, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-105. Taking of underground natural gas storage reservoir -- effect on owner's right to drill

70-30-105. (Temporary) Taking of underground natural gas storage reservoir -- effect on owner's right to drill.
(1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral rights in the land to drill or bore through the sand, stratum, or formation taken for use as an underground natural gas storage reservoir in order to explore for, produce, process, treat, or market any oil, gas, or other minerals that might be contained in the land above or below the sand, stratum, or formation taken.
(2) Any additional cost or expense required to be incurred in order to protect the underground natural gas storage reservoir against pollution and the escape of the gas from the reservoir by reason of boring or drilling through the sand, stratum, or formation used as an underground natural gas storage reservoir must be paid by the persons, firm, or corporation owning the underground natural gas storage reservoir at the time of the boring or drilling.
70-30-105. (Effective on occurrence of contingency) Taking of underground natural gas storage reservoir -- effect on owner's right to drill.
(1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral rights in the land to drill or bore through the sand, stratum, or formation taken for use as an underground natural gas storage reservoir in order to explore for, produce, process, treat, or market any oil, gas, or other minerals that might be contained in the land above or below the sand, stratum, or formation taken.
(2) Any additional cost or expense required to be incurred in order to protect the underground natural gas storage reservoir against pollution and the escape of the gas from the reservoir by reason of boring or drilling through the sand, stratum, or formation used as an underground natural gas storage reservoir must be paid by the persons, firm, or corporation owning the underground natural gas storage reservoir at the time of the boring or drilling.
(3) After the effective date of this section, if the sand, stratum, or formation is used as a geologic storage reservoir as defined in 82-11-101, it may not be taken for use as an underground natural gas storage reservoir.
History: En. Sec. 5, Ch. 245, L. 1953; R.C.M. 1947, 93-9903.1; amd. Sec. 55, Ch. 125, L. 2001; amd. Sec. 7, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-106. Eminent domain not to be used for coal mining in certain cases -- policy

70-30-106. Eminent domain not to be used for coal mining in certain cases -- policy.
(1) For the reasons contained in this section, the state's power of eminent domain may not be exercised to mine and extract coal owned by the condemnor located beneath the surface of property for which the title to the surface is vested in others.
(2) Because of the large reserves of and the renewed interest in coal in eastern Montana, coal development is potentially more destructive to land and watercourses and underground aquifers and potentially more extensive geographically than the foreseeable development of other ores, metals, or minerals and affects large areas of land and large numbers of people.
(3) In certain areas of Montana referred to in subsection (2), the title to the surface property is vested in an owner other than the mineral owner and the surface owner is putting that surface property to a productive use, and it is the public policy of the state to encourage and foster that productive use by the surface owner. To permit the mineral owner to condemn the surface owner's property is to deprive the surface owner of the right to use the property in the productive manner that the surface owner determines and is also contrary to public policy set forth in subsection (5).
(4) The magnitude of the potential coal development in eastern Montana will subject landowners to undue harassment by excessive use of eminent domain.
(5) It is the public policy of the state to encourage and foster diversity of land ownership, and the surface mining of coal and control of large areas of land by the surface coal mining industry would not promote public policy and further the public interest.
History: En. 93-9902.1 by Sec. 2, Ch. 311, L. 1973; R.C.M. 1947, 93-9902.1; amd. Sec. 56, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-107. Private roads

70-30-107. Private roads.
Private roads may be opened in the manner prescribed by this chapter, but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited.
History: En. Sec. 2232, C. Civ. Proc. 1895; re-en. Sec. 7352, Rev. C. 1907; re-en. Sec. 9955, R.C.M. 1921; re-en. Sec. 9955, R.C.M. 1935; R.C.M. 1947, 93-9923; amd. Sec. 57, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-108. No abrogation of provisions relating to city or county roads

70-30-108. No abrogation of provisions relating to city or county roads.
This chapter may not be construed to abrogate or repeal any statute providing for the taking of property in any county, city, or town for road or street purposes.
History: En. Sec. 2233, C. Civ. Proc. 1895; re-en. Sec. 7353, Rev. C. 1907; re-en. Sec. 9956, R.C.M. 1921; re-en. Sec. 9956, R.C.M. 1935; R.C.M. 1947, 93-9924; amd. Sec. 58, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-109. Temporary logging roads and banking grounds

70-30-109. Temporary logging roads and banking grounds.
(1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and the date from which the road must be opened or land must be used, and at the expiration of that period, the right to use the road or land ceases. The use of the road or land reverts to the party from whom the road or land was taken or to that party's legal successor in interest. However, land may not be taken for temporary logging roads or banking grounds for a period of time longer than 5 years. When taken for a period of time exceeding 1 year, the amount of damage for each year must be fixed separately, and the amount fixed for each particular year must be paid on or before January 1 of each year. If the amount fixed for any 1 year is not paid as specified in this subsection, then the use of the road or land reverts to the party from whom the road or land was taken or to that party's successor in interest.
(2) In any suit for the opening of any temporary logging road or for the use of any land for banking grounds, the court may not finally order the opening of the road or the right to use the land until the amount assessed as damages has been paid into court for the benefit of the party or parties owning or holding the road or land.
(3) In the event that any road or land taken or used as provided in this section is occupied by a lessee, the lessee must be made a party to the suit, and the final decree of the court must apportion the amount of compensation received between the lessee and the owner of the road or land. The decree is subject to the right of appeal by any party in interest.
History: En. Sec. 1, Ch. 89, L. 1907; re-en. Secs. 7354, 7355, Rev. C. 1907; re-en. Secs. 9957, 9958, R.C.M. 1921; re-en. Secs. 9957, 9958, R.C.M. 1935; R.C.M. 1947, 93-9925, 93-9926; amd. Sec. 59, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-110. Survey and location of property to be taken -- greatest public good -- least private injury

70-30-110. Survey and location of property to be taken -- greatest public good -- least private injury.
(1) In all cases in which land is required for public use, the state or its agents in charge of the public use may survey and locate the land to be used. The use must be located in the manner that will be most compatible with the greatest public good and the least private injury, and the location is subject to the provisions of 70-30-206. The state or its agents in charge of the public use may, after giving 30 days' written notice to the owners and persons in possession of the land, enter upon the land and make examination, surveys, and maps of the land. The entry does not constitute a cause of action in favor of the owners of the land except from injuries resulting from negligence or intentional acts. Upon written request of the state or its agents, the owner shall provide the names and addresses of all persons who are in possession of the owner's land within 14 days from receipt of the written notice. The state or its agents shall within 14 days from receipt of that information furnish written notice to the listed persons.
(2) Prior to or at the time of rejection of the final written offer as referred to in 70-30-111(1)(d), the condemnee may provide to the condemnor the condemnee's claim of appropriate measures that the condemnee considers necessary to minimize damages to the property directly affected by the project as well as to minimize damages incurred to the remaining parcel of property.
History: En. Sec. 584, p. 191, L. 1877; re-en. Sec. 584, 1st Div. Rev. Stat. 1879; re-en. Sec. 602, 1st Div. Comp. Stat. 1887; re-en. Sec. 2215, C. Civ. Proc. 1895; re-en. Sec. 7335, Rev. C. 1907; re-en. Sec. 9938, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1242; re-en. Sec. 9938, R.C.M. 1935; R.C.M. 1947, 93-9906; amd. Sec. 1, Ch. 666, L. 1985; amd. Sec. 1, Ch. 20, L. 2001; amd. Sec. 60, Ch. 125, L. 2001; amd. Sec. 1, Ch. 371, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-111. Facts necessary to be found before condemnation

70-30-111. Facts necessary to be found before condemnation.
(1) Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings:
(a) the use to which the property is to be applied is a public use pursuant to 70-30-102;
(b) the taking is necessary to the public use;
(c) if already being used for a public use, that the public use for which the property is proposed to be used is a more necessary public use;
(d) an effort to obtain the property interest sought to be taken was made by submission of a final written offer prior to initiating condemnation proceedings and the final written offer was rejected.
(2) Subsection (1)(d) does not prohibit the condemnor from making further offers in an effort to obtain the property interest sought to be taken, but offers made after the final written offer is submitted pursuant to subsection (1)(d) may not be used to determine whether the condemnee prevails pursuant to 70-30-305. The condemnor shall disclose to a property owner that further offers made in accordance with this subsection (2) are not considered the final written offer.
History: En. Sec. 583, p. 191, L. 1877; re-en. Sec. 583, 1st Div. Rev. Stat. 1879; re-en. Sec. 601, 1st Div. Comp. Stat. 1887; amd. Sec. 2214, C. Civ. Proc. 1895; re-en. Sec. 7334, Rev. C. 1907; re-en. Sec. 9937, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1241; re-en. Sec. 9937, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-9905(part); amd. Sec. 2, Ch. 622, L. 1983; amd. Sec. 61, Ch. 125, L. 2001; amd. Sec. 3, Ch. 512, L. 2007; amd. Sec. 2, Ch. 371, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 1. General and Substantive Provisions › 70-30-112. Eminent domain not to be used for certain recreational purposes

70-30-112. Eminent domain not to be used for certain recreational purposes.
The right of eminent domain may not be exercised for:
(1) trails, paths, or other ways for walking, hiking, bicycling, equestrian use, or other recreational uses whose primary purpose is a foot path, equestrian trail, bicycle path, or walkway; or
(2) a public park whose primary purpose is:
(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, or equestrian use.
History: En. Sec. 1, Ch. 238, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 2. Preliminary Procedure › 70-30-201. Applicable rules of practice

70-30-201. Applicable rules of practice.
Except as otherwise provided in this chapter, the provisions of Titles 25 and 26, including the Montana Rules of Civil Procedure and the Montana Rules of Evidence, are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter.
History: En. Sec. 2231, C. Civ. Proc. 1895; re-en. Sec. 7351, Rev. C. 1907; re-en. Sec. 9954, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1256; re-en. Sec. 9954, R.C.M. 1935; R.C.M. 1947, 93-9922; amd. Sec. 26, Ch. 115, L. 1979; amd. Sec. 3, Ch. 622, L. 1983.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 2. Preliminary Procedure › 70-30-202. Jurisdiction and venue -- complaint and summons required

70-30-202. Jurisdiction and venue -- complaint and summons required.
All proceedings under this chapter must be brought in the district court of the county in which the property or some part of the property is situated. A proceeding must be commenced by filing a complaint and issuing a summons. A summons served under this chapter must contain a notice to the condemnee to file and serve an answer. Within 6 months from the date that the summons is served, unless the court shortens or lengthens that time for good cause, the court, sitting without a jury, shall commence a trial on the issue of whether a preliminary condemnation order should be issued.
History: En. Sec. 585, p. 191, L. 1877; re-en. Sec. 585, 1st Div. Rev. Stat. 1879; re-en. Sec. 603, 1st Div. Comp. Stat. 1887; re-en. Sec. 2216, C. Civ. Proc. 1895; re-en. Sec. 7336, Rev. C. 1907; re-en. Sec. 9939, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1243; re-en. Sec. 9939, R.C.M. 1935; amd. Sec. 1, Ch. 22, L. 1937; R.C.M. 1947, 93-9907; amd. Sec. 4, Ch. 622, L. 1983; amd. Sec. 62, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 2. Preliminary Procedure › 70-30-204. Repealed

70-30-204. Repealed.
Sec. 12, Ch. 622, L. 1983.
History: En. Sec. 587, p. 192, L. 1877; re-en. Sec. 587, 1st Div. Rev. Stat. 1879; re-en. Sec. 605, 1st Div. Comp. Stat. 1887; amd. Sec. 2218, C. Civ. Proc. 1895; re-en. Sec. 7338, Rev. C. 1907; re-en. Sec. 9941, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1245; re-en. Sec. 9941, R.C.M. 1935; amd. Sec. 9, Ch. 259, L. 1955; amd. Sec. 1, Ch. 234, L. 1961; R.C.M. 1947, 93-9909.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 2. Preliminary Procedure › 70-30-205. Repealed

70-30-205. Repealed.
Sec. 12, Ch. 622, L. 1983.
History: En. Sec. 588, p. 192, L. 1877; re-en. Sec. 588, 1st Div. Rev. Stat. 1879; re-en. Sec. 606, 1st Div. Comp. Stat. 1887; amd. Sec. 2219, C. Civ. Proc. 1895; re-en. Sec. 7339, Rev. C. 1907; re-en. Sec. 9942, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1246; re-en. Sec. 9942, R.C.M. 1935; amd. Sec. 2, Ch. 234, L. 1961; R.C.M. 1947, 93-9910.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-302. Assessing compensation -- date and measure -- interest

70-30-302. Assessing compensation -- date and measure -- interest.
(1) For the purpose of assessing compensation, the right to compensation is considered to have accrued at the date of the service of the summons, and the property's current fair market value as of that date is the measure of compensation for all property to be actually taken and the basis of depreciation in the current fair market value of property not actually taken but injuriously affected. This subsection may not be construed to limit the amount of compensation payable by the department of transportation under the provisions of any legislation enacted pursuant to the federal Highway Beautification Act of 1965.
(2) If an order is made allowing the condemnor to take possession, as provided in 60-4-104(4) and (5) and 70-30-311, the full amount finally awarded must draw interest at the rate of 10% a year from the date of the service of the summons to the earlier of the following dates:
(a) the date on which the right to appeal to the Montana supreme court expires or, if an appeal is filed, the date of final decision by the supreme court; or
(b) the date on which the condemnee withdraws from the court the full amount finally awarded.
(3) If the condemnee withdraws from the court a fraction of the amount finally awarded, interest on that fraction ceases on the date it is withdrawn but interest on the remainder of the amount finally awarded continues to the earlier of the dates referred to in subsections (2)(a) and (2)(b) until the full amount is withdrawn from the court.
(4) None of the amount finally awarded draws interest after the date on which the right to appeal to the Montana supreme court expires.
(5) Improvements put upon the property subsequent to the date of the service of summons may not be included in the assessment of compensation or depreciation in current fair market value and may not be used as the basis of computing compensation or depreciation.
History: En. Sec. 591, p. 194, L. 1877; re-en. Sec. 591, 1st Div. Rev. Stat. 1879; re-en. Sec. 609, 1st Div. Comp. Stat. 1887; amd. Sec. 2222, C. Civ. Proc. 1895; re-en. Sec. 7342, Rev. C. 1907; re-en. Sec. 9945, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1249; re-en. Sec. 9945, R.C.M. 1935; amd. Sec. 1, Ch. 133, L. 1957; amd. Sec. 5, Ch. 234, L. 1961; amd. Sec. 1, Ch. 182, L. 1965; amd. Sec. 1, Ch. 187, L. 1967; amd. Sec. 12, Ch. 212, L. 1969; amd. Sec. 208, Ch. 316, L. 1974; amd. Sec. 1, Ch. 534, L. 1975; R.C.M. 1947, 93-9913; amd. Sec. 1, Ch. 257, L. 1981; amd. Sec. 2, Ch. 531, L. 1981; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 67, Ch. 125, L. 2001; amd. Sec. 2, Ch. 330, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree

70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree.
(1) The report of the condemnation commissioners must be made on forms that are provided for their use by the court. The report must be filed within 10 days after the completion of the hearing or within any additional time allowed by the judge upon a clear showing of necessity. The report must be filed with the clerk of court. The clerk shall notify the parties that the report has been filed. The notice, together with a copy of the report, must be served upon all the parties in the same manner as a summons.
(2) A concurrence of two commissioners is necessary to the making of a final report or award as to any parcel of property or interest in a parcel of property. If two of the commissioners are unable to agree as to the amount of any award, the commissioners shall report the fact to the judge or court within the time specified in subsection (1) and the court shall impanel and appoint new commissioners. The new commissioners shall proceed as provided in this part to determine any award upon which the previous commissioners failed to agree.
(3) The report of the commissioners must include a statement of the number of days or portions of days worked by the commissioners in performance of their duties.
History: En. Sec. 2223, C. Civ. Proc. 1895; re-en. Sec. 7343, Rev. C. 1907; re-en. Sec. 9946, R.C.M. 1921; re-en. Sec. 9946, R.C.M. 1935; amd. Sec. 6, Ch. 234, L. 1961; R.C.M. 1947, 93-9914; amd. Sec. 27, Ch. 115, L. 1979; amd. Sec. 68, Ch. 125, L. 2001.