reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-304. Appeal to district court from assessment of condemnation commissioners

70-30-304. Appeal to district court from assessment of condemnation commissioners.
(1) Any party may appeal from any assessment made by the condemnation commissioners in the court in which the report of the commissioners is filed. The appeal must be taken within 30 days after the service upon the parties of the notice of the filing of the award. The appealing party shall serve notice of the appeal upon the opposing party or the opposing party's attorney and shall file the notice of appeal in the district court in which the action is pending. The appeal must be tried upon the same notice and in the same manner as other civil actions. Unless a jury is waived by the consent of all parties to the appeal, the appeal must be tried by a jury. The amount to which the condemnee may be entitled, by reason of the taking of the condemnee's property, must be reassessed as prescribed in this part for the assessment of that amount by the commissioners.
(2) Upon any verdict or assessment by the commissioners becoming final, judgment must be entered declaring that upon payment of the amount of the verdict or assessment, together with the interests and costs allowed by law, if any, the condemnor has the right to construct and maintain the public use project and to take the property described in the verdict or assessment for the use and purposes for which the property has been taken. The rights granted in the verdict or assessment remain in the condemnor and the condemnor's heirs, successors, or assigns forever.
(3) If the party appealing from the award of the commissioners does not succeed in changing to the appellant's advantage the amount finally awarded in the proceeding, the appellant may not recover the costs of the appeal, but all the costs of the appellee in the appeal must be taxed against and recovered from the appellant. However, upon the trial of the appeal, the appellant may contest the right of any party to any of the property mentioned and set forth or involved in the appeal that was located after the preliminary survey of any highway or railroad, seeking to condemn a right-of-way pursuant to the provisions of this chapter if the condemnation proceedings are begun within 1 year after the preliminary survey.
History: En. Sec. 608, p. 220, L. 1887; re-en. Sec. 2224, C. Civ. Proc. 1895; re-en. Sec. 7344, Rev. C. 1907; re-en. Sec. 9947, R.C.M. 1921; amd. Sec. 1, Ch. 145, L. 1927; re-en. Sec. 9947, R.C.M. 1935; amd. Sec. 7, Ch. 234, L. 1961; R.C.M. 1947, 93-9915; amd. Sec. 69, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation

70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation.
(1) The condemnor shall, within 30 days after an appeal is perfected from the condemnation commissioner's award or report or not more than 60 days after the waiver of appointment of commissioners, submit to the condemnee a written final offer of judgment for the property sought to be taken, together with the accrued necessary expenses of the condemnee. If at any time prior to 10 days before trial the condemnee serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service of the acceptance, and judgment must be entered. An offer not accepted is considered withdrawn and evidence of the offer is not admissible at the trial except in a proceeding to determine costs. The fact that an offer is made but not accepted does not preclude a subsequent offer.
(2) In the event of litigation and when the condemnee prevails either by the court not allowing condemnation or by the condemnee receiving an award in excess of the final written offer of the condemnor that was rejected pursuant to the facts necessary in 70-30-111(1)(d), the court shall award necessary expenses of litigation to the condemnee.
History: En. 93-9921.1 by Sec. 1, Ch. 453, L. 1973; R.C.M. 1947, 93-9921.1; amd. Sec. 2, Ch. 8, L. 1979; amd. Sec. 70, Ch. 125, L. 2001; amd. Sec. 5, Ch. 371, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-306. Necessary expenses of litigation defined

70-30-306. Necessary expenses of litigation defined.
(1) Necessary expenses of litigation as authorized by 70-30-305 mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs.
(2) Reasonable and necessary attorney fees are the customary hourly rates for an attorney's services in the county in which the trial is held. Reasonable and necessary attorney fees must be computed on an hourly basis and may not be computed on the basis of any contingent fee contract.
(3) Reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that expertise in the county in which the trial is held.
History: En. 93-9921.2 by Sec. 1, Ch. 48, L. 1977; R.C.M. 1947, 93-9921.2; amd. Sec. 71, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-307. When payment of compensation to be made -- deposit of bond

70-30-307. When payment of compensation to be made -- deposit of bond.
In a proceeding for condemnation for a railroad, the condemnor shall within 30 days after final judgment pay the sum of money assessed but may at the time of or before the payment elect to build any required fences and cattle guards. A condemnor who elects to build the required fences and cattle guards shall execute to the condemnee a bond with sureties to be approved by the court, in double the assessed cost of the fences and cattle guards, conditioned upon building the fences and cattle guards within 8 months from the time the railroad is built on the land taken. If the bond is given, the condemnor is not required to pay the cost of the fences and cattle guards. In an action on the bond, the condemnee may recover reasonable attorney fees.
History: En. Sec. 593, p. 194, L. 1877; re-en. Sec. 593, 1st Div. Rev. Stat. 1879; re-en. Sec. 611, 1st Div. Comp. Stat. 1887; amd. Sec. 2226, C. Civ. Proc. 1895; re-en. Sec. 7346, Rev. C. 1907; re-en. Sec. 9949, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1251; re-en. Sec. 9949, R.C.M. 1935; R.C.M. 1947, 93-9917; amd. Sec. 72, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-308. How payment made -- execution or annulment for nonpayment

70-30-308. How payment made -- execution or annulment for nonpayment.
(1) Payment may be made to the condemnee, or the money may be deposited in court for the condemnee and be distributed pursuant to the assessment or judgment. However, at the option of the condemnee, payments may be made:
(a) on an annual basis, using the installment contract method; or
(b) if other land is reasonably available and the condemnor consents, by means of a land exchange between the condemnee and condemnor if the land to be provided by the condemnor in the exchange is of equal or more value than the land being condemned.
(2) If the money is not paid or deposited, the condemnee may have execution as in civil cases, and if the money cannot be executed upon, the court, upon a showing to that effect, shall set aside and annul the entire proceedings and restore possession of the property to the condemnee if possession has been taken by the condemnor.
History: En. Sec. 594, p. 194, L. 1877; re-en. Sec. 594, 1st Div. Rev. Stat. 1879; re-en. Sec. 612, 1st Div. Comp. Stat. 1887; re-en. Sec. 2227, C. Civ. Proc. 1895; re-en. Sec. 7347, Rev. C. 1907; re-en. Sec. 9950, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1252; re-en. Sec. 9950, R.C.M. 1935; R.C.M. 1947, 93-9918; amd. Sec. 3, Ch. 531, L. 1981; amd. Sec. 8, Ch. 622, L. 1983; amd. Sec. 73, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-309. Final order of condemnation -- contents -- vesting upon filing

70-30-309. Final order of condemnation -- contents -- vesting upon filing.
(1) When payments have been made and the bond, if appropriate, has been given as required by 70-30-307 and 70-30-308, the court shall make a final order of condemnation. The order must describe the property condemned, the purposes of the condemnation, and any appropriate payment for damages to the property actually taken as well as to any remaining parcel of property that may be adversely affected by the taking.
(2) A copy of the order must be filed in the office of the county clerk and recorder, and upon filing, the property described in the order vests in the condemnor for the purposes specified in the order.
History: En. Sec. 595, p. 195, L. 1877; re-en. Sec. 595, 1st Div. Rev. Stat. 1879; re-en. Sec. 613, 1st Div. Comp. Stat. 1887; re-en. Sec. 2228, C. Civ. Proc. 1895; re-en. Sec. 7348, Rev. C. 1907; re-en. Sec. 9951, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1253; re-en. Sec. 9951, R.C.M. 1935; R.C.M. 1947, 93-9919; amd. Sec. 9, Ch. 622, L. 1983; amd. Sec. 4, Ch. 20, L. 2001; amd. Sec. 74, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-310. New proceedings to cure defective title

70-30-310. New proceedings to cure defective title.
If the title to property attempted to be acquired is found to be defective from any cause, the condemnor may again institute proceedings to acquire the property, as prescribed in this chapter.
History: En. Sec. 592, p. 194, L. 1877; re-en. Sec. 592, 1st Div. Rev. Stat. 1879; re-en. Sec. 610, 1st Div. Comp. Stat. 1887; re-en. Sec. 2225, C. Civ. Proc. 1895; re-en. Sec. 7345, Rev. C. 1907; re-en. Sec. 9948, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1250; re-en. Sec. 9948, R.C.M. 1935; R.C.M. 1947, 93-9916; amd. Sec. 75, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-312. Appeal to supreme court

70-30-312. Appeal to supreme court.
(1) Any party interested in the proceedings can appeal to the supreme court from any finding or judgment made or rendered under this chapter, as in other cases.
(2) An appeal does not stay any further proceedings under this chapter, except that the district court on motion or ex parte may grant a stay for a period of time and under conditions that the court considers proper.
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. 77, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-313. Current fair market value

70-30-313. Current fair market value.
Current fair market value is the price that would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors:
(1) the highest and best reasonably available use and its value for such use, provided current use may not be presumed to be the highest and best use;
(2) the machinery, equipment, and fixtures forming part of the real estate taken; and
(3) any other relevant factors as to which evidence is offered.
History: En. Sec. 4, Ch. 531, L. 1981; amd. Sec. 11, Ch. 622, L. 1983.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-314. Weed control responsibility

70-30-314. Weed control responsibility.
The condemnor, upon taking possession of the land, is responsible for the control and destruction of noxious weeds on the land until natural grasses have taken over the property and noxious weeds have ceased to exist.
History: En. Sec. 5, Ch. 531, L. 1981; amd. Sec. 78, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-315. Proration of taxes

70-30-315. Proration of taxes.
The condemnor must be assessed the condemnor's pro rata share of taxes for the land being taken as of the date of possession or summons, whichever occurs first. The condemnor must be assessed for all taxes accruing after the date of possession or summons, whichever occurs first.
History: En. Sec. 6, Ch. 531, L. 1981; amd. Sec. 79, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-321. Sale of property acquired for public use when use abandoned -- procedure

70-30-321. Sale of property acquired for public use when use abandoned -- procedure.
(1) Except as provided in subsection (3), whenever a person who has acquired a real property interest for a public use, whether by right of eminent domain or otherwise, abandons the public use and places the property interest for sale, the seller may sell the interest to the highest bidder at public auction.
(2) If the seller decides to sell an interest in real property as set forth in subsection (1), the seller shall publish notice of the public sale in a newspaper published in the county in which the real property is located once a week for 4 successive weeks. The sale must be held in the county where the real property is located. The notice of sale must contain the information required by 77-2-322.
(3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
History: En. Sec. 1, Ch. 440, L. 1981; amd. Sec. 1, Ch. 689, L. 1983; amd. Sec. 80, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-322. Option of original owner or successor in interest to purchase at sale price

70-30-322. Option of original owner or successor in interest to purchase at sale price.
(1) Except as provided in subsection (3), the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner's successor in interest, if there is a successor in interest, must be notified by the seller by certified mail and has a 30-day option from the date of a sale provided for in 70-30-321 to purchase the interest by offering an amount of money equal to the highest bid received for the interest at the sale.
(2) If bids are not received by the seller and the optionholder indicates in writing to the seller that the optionholder wishes to exercise the option, the seller must have the real property interest appraised and shall sell the interest at that price to the optionholder.
(3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
History: En. Sec. 2, Ch. 440, L. 1981; amd. Sec. 2, Ch. 689, L. 1983; amd. Sec. 4, Ch. 666, L. 1985; amd. Sec. 81, Ch. 125, L. 2001; amd. Sec. 4, Ch. 512, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 30. Eminent Domain › Part 3. Hearing, Judgment, and Subsequent Proceedings › 70-30-323. Liability limitation -- several liability -- defense costs

70-30-323. Liability limitation -- several liability -- defense costs.
(1) Subject to subsection (2), a condemnee or a condemnee's successor in interest is not liable for damages that result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest unless the negligence or intentional conduct of the condemnee or the condemnee's successor in interest is a cause of the damages.
(2) A condemnee or a condemnee's successor in interest who is liable for damages under subsection (1) is severally liable only and is responsible only for the percentage of negligence attributable to the condemnee or the condemnee's successor in interest.
(3) If a condemnee or a condemnee's successor in interest is joined in an action for damages that are alleged to result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest, the project owner or operator is liable for the costs and attorney fees incurred by the condemnee or the condemnee's successor in interest unless the condemnee or the condemnee's successor in interest is found liable for damages under subsections (1) and (2).
History: En. Sec. 1, Ch. 113, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-101. Purpose

70-31-101. Purpose.
It is the purpose of this chapter to:
(1) provide for uniform and equitable treatment of persons displaced from their homes, businesses, or farms as a result of federally assisted programs;
(2) establish uniform and equitable land acquisition policies for federally assisted programs; and
(3) comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
History: En. Sec. 1, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9927; amd. Sec. 1, Ch. 374, L. 1989.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-103. Application to all federally assisted programs

70-31-103. Application to all federally assisted programs.
This chapter shall apply to all acquisitions of real property by an agency for a program or project for which federal financial assistance is available to pay all or any part of the cost.
History: En. Sec. 18, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9944.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-104. New rights and powers not created

70-31-104. New rights and powers not created.
(1) This chapter may not be construed as creating, in any condemnation proceedings brought under the power of eminent domain as provided in Title 70, chapter 30, any element of value or damage that is not in existence immediately prior to July 1, 1971.
(2) This chapter may not be construed as, directly or indirectly, granting any new or additional power of eminent domain.
History: En. Sec. 17, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9943(2), (3); amd. Sec. 83, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-105. Duplication of eminent domain payments not intended

70-31-105. Duplication of eminent domain payments not intended.
A payment or assistance provided for in this chapter may not be required to be made by an agency if the displaced person receives a payment required under Title 60, chapter 4, or Title 70, chapter 30, that is determined by the agency to have substantially the same purpose and effect as a payment under this chapter.
History: En. Sec. 16, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9942; amd. Sec. 84, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-106. Payments not income under tax laws or other assistance laws

70-31-106. Payments not income under tax laws or other assistance laws.
No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility of any person for assistance under any state law or for the purposes of determining income under state tax laws.
History: En. Sec. 9, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9935.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 1. General Provisions › 70-31-111. Rulemaking authority

70-31-111. Rulemaking authority.
An agency, as defined in 2-3-102, is authorized to adopt necessary rules to implement this chapter.
History: En. Sec. 4, Ch. 374, L. 1989.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-201. Repealed

70-31-201. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 3, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9929.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-202. Repealed

70-31-202. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 4, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9930.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-203. Repealed

70-31-203. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 5, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9931.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-204. Repealed

70-31-204. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 6, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9932.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-205. Repealed

70-31-205. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Secs. 7, 17, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9933, 93-9943(1).
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-206. Repealed

70-31-206. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 8, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9934.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 2. Relocation Payments, Assistance, and Advisory Services (Repealed) › 70-31-207. Repealed

70-31-207. Repealed.
Sec. 6, Ch. 374, L. 1989.
History: En. Sec. 10, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9936.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 3. Rights and Duties Relating to Condemnation › 70-31-302. Reimbursement of closing costs and taxes incurred by owner

70-31-302. Reimbursement of closing costs and taxes incurred by owner.
An agency acquiring real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner to the extent the acquiring agency considers fair and reasonable for:
(1) expenses the owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the acquiring agency;
(2) penalty costs for prepayment for any preexisting recorded mortgage or deed of trust entered into in good faith encumbering the real property; and
(3) the pro rata portion of real property taxes paid that are allocable to a period subsequent to the date of vesting title in the acquiring agency or the effective date of possession of the real property by the acquiring agency, whichever is earlier.
History: En. Sec. 12, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9938; amd. Sec. 2231, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 3. Rights and Duties Relating to Condemnation › 70-31-303. Inverse condemnation -- reimbursement of expenses of proceeding

70-31-303. Inverse condemnation -- reimbursement of expenses of proceeding.
When an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of the owner's property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any proceeding shall determine and award or allow to the plaintiff as a part of the judgment or settlement a sum that will, in the opinion of the court or the attorney, reimburse the plaintiff for the plaintiff's reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.
History: En. Sec. 14, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9940; amd. Sec. 2232, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 3. Rights and Duties Relating to Condemnation › 70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned

70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned.
When a condemnation proceeding is instituted by an agency to acquire real property for a program or project for which federal financial assistance is available and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in the real property must be paid a sum that will, in the opinion of the court, reimburse the owner for the owner's reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of the sum must be paid by the agency that sought to condemn the property.
History: En. Sec. 13, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9939; amd. Sec. 2233, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 3. Rights and Duties Relating to Condemnation › 70-31-305. Acquisition of buildings and improvements affected

70-31-305. Acquisition of buildings and improvements affected.
(1) When any interest in real property is acquired for a program or project for which federal assistance will be available to pay all or any part of the cost of the program or project, the acquiring agency shall acquire an equal interest in all buildings, structures, or other improvements that are located upon the real property acquired and that are required to be removed from the real property or that the acquiring agency determines will be adversely affected by the use to which the real property will be put.
(2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (1), the building, structure, or other improvement is considered to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of the tenant's term. The fair market value that the building, structure, or improvement contributes to the fair market value of the real property to be acquired or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, must be paid to the tenant.
(3) Payment for buildings, structures, or improvements as set forth in subsection (2) may not result in duplication of any payments otherwise authorized by state law. A payment may not be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all of the tenant's right, title, and interest in and to the improvements. Subsection (2) or this subsection may not be construed to deprive the tenant of any rights to reject payment and to obtain payment for the property interests in accordance with other laws of the state.
History: En. Sec. 15, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9941; amd. Sec. 2234, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 31. Relocation Assistance Fair Treatment of Condemnees › Part 3. Rights and Duties Relating to Condemnation › 70-31-311. Relocation payments and assistance

70-31-311. Relocation payments and assistance.
For any project that results in the displacement of a person from the person's home, business, or farm and for which federal financial assistance may be available to pay all or any part of the cost of displacement, an entity of the state or any public or private entity that has the authority to acquire property by eminent domain under Title 60, chapter 4, or Title 70, chapter 30, is authorized to provide relocation assistance and to make relocation payments to the full extent permitted by the federal relocation assistance law, 42 U.S.C. 4601, et seq., as amended. The entity is authorized to do what may be necessary or required to obtain for property owners the full benefit of federal relocation assistance, including the adoption of methods of administration that may be required by federal law or rules to carry out the operation of relocation assistance.
History: En. Sec. 3, Ch. 374, L. 1989; amd. Sec. 86, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-101. Of what homestead consists

70-32-101. Of what homestead consists.
The homestead consists of the dwelling house or mobile home, and all appurtenances, in which the claimant resides and the land, if any, on which the same is situated, selected as provided in this chapter.
History: En. Sec. 1670, Civ. C. 1895; re-en. Sec. 4694, Rev. C. 1907; re-en. Sec. 6945, R.C.M. 1921; Cal. Civ. C. Sec. 1237; re-en. Sec. 6945, R.C.M. 1935; R.C.M. 1947, 33-101; amd. Sec. 1, Ch. 370, L. 1981.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-102. Repealed

70-32-102. Repealed.
Sec. 9, Ch. 370, L. 1981.
History: En. Sec. 1694, Civ. C. 1895; re-en. Sec. 4718, Rev. C. 1907; re-en. Sec. 6969, R.C.M. 1921; Cal. Civ. C. Sec. 1261; amd. Sec. 1, Ch. 86, L. 1925; re-en. Sec. 6969, R.C.M. 1935; amd. Sec. 3, Ch. 1, L. 1975; R.C.M. 1947, 33-125.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-103. From whose property homestead may be selected -- revocable trust disregarded

70-32-103. From whose property homestead may be selected -- revocable trust disregarded.
(1) If the claimant is married, the homestead may be selected from the property of either spouse. When the claimant is not married, the homestead may be selected from any of the claimant's property.
(2) A homestead may be selected from property contributed by the settlor to a revocable trust when the property would otherwise qualify under this chapter if it were not for the transfer of property to the revocable trust. For the purpose of this chapter, the claimant is the husband, wife, or unmarried person that is the settlor of the revocable trust. All provisions of this chapter apply to the settlor claimant in the same manner as an individual claimant, regardless of trust status.
(3) For the purposes of this section, "revocable" and "settlor" have the same meaning as provided in 72-38-103.
History: En. Sec. 1671, Civ. C. 1895; re-en. Sec. 4695, Rev. C. 1907; re-en. Sec. 6946, R.C.M. 1921; Cal. Civ. C. Sec. 1238; re-en. Sec. 6946, R.C.M. 1935; amd. Sec. 1, Ch. 1, L. 1975; R.C.M. 1947, 33-102; amd. Sec. 2, Ch. 370, L. 1981; amd. Sec. 2235, Ch. 56, L. 2009; amd. Sec. 1, Ch. 33, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-104. Limitation on value

70-32-104. Limitation on value.
(1) A homestead may not exceed the value provided in subsection (3). In a proceeding instituted to determine the value of the homestead, the assessed value of the land with included appurtenances, if any, and of the dwelling house as it appears on the last-completed assessment roll preceding the institution of the proceeding is prima facie evidence of the value of the property claimed as a homestead.
(2) If a claimant who is an owner of an undivided interest in real property claims a homestead exemption, the claimant is limited to an exemption amount proportional to the claimant's undivided interest.
(3) (a) The department of revenue shall adopt administrative rules setting the homestead value limit.
(b) In 2021, the homestead value limit is $350,000.
(c) The homestead value limit must increase by 4% every calendar year after 2021.
History: En. Sec. 1693, Civ. C. 1895; re-en. Sec. 4717, Rev. C. 1907; re-en. Sec. 6968, R.C.M. 1921; Cal. Civ. C. Sec. 1260; amd. Sec. 1, Ch. 126, L. 1931; re-en. Sec. 6968, R.C.M. 1935; amd. Sec. 1, Ch. 166, L. 1937; amd. Sec. 1, Ch. 50, L. 1941; amd. Sec. 1, Ch. 266, L. 1965; amd. Sec. 1, Ch. 300, L. 1973; R.C.M. 1947, 33-124; amd. Sec. 3, Ch. 370, L. 1981; amd. Sec. 8, Ch. 302, L. 1987; amd. Sec. 1, Ch. 30, L. 1997; amd. Sec. 1, Ch. 451, L. 2001; amd. Sec. 1, Ch. 99, L. 2007; amd. Sec. 1, Ch. 442, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-105. Mode of selection -- declaration required

70-32-105. Mode of selection -- declaration required.
The person selecting a homestead must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead and file the same for record.
History: En. Sec. 1700, Civ. C. 1895; re-en. Sec. 4719, Rev. C. 1907; re-en. Sec. 6970, R.C.M. 1921; Cal. Civ. C. Sec. 1262; re-en. Sec. 6970, R.C.M. 1935; amd. Sec. 4, Ch. 1, L. 1975; R.C.M. 1947, 33-126; amd. Sec. 4, Ch. 370, L. 1981.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-106. Contents of declaration

70-32-106. Contents of declaration.
Subject to 70-32-216, the declaration of homestead must contain a statement that the person making it is residing on the premises and claims them as a homestead and a description of the premises.
History: En. Sec. 1701, Civ. C. 1895; re-en. Sec. 4720, Rev. C. 1907; re-en. Sec. 6971, R.C.M. 1921; Cal. Civ. C. Sec. 1263; re-en. Sec. 6971, R.C.M. 1935; amd. Sec. 5, Ch. 1, L. 1975; R.C.M. 1947, 33-127; amd. Sec. 5, Ch. 370, L. 1981; amd. Sec. 95, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 1. Establishment of the Homestead › 70-32-107. Declaration to be recorded

70-32-107. Declaration to be recorded.
The declaration must be recorded in the office of the county clerk of the county in which the land is situated.
History: En. Sec. 1702, Civ. C. 1895; re-en. Sec. 4721, Rev. C. 1907; re-en. Sec. 6972, R.C.M. 1921; Cal. Civ. C. Sec. 1264; re-en. Sec. 6972, R.C.M. 1935; R.C.M. 1947, 33-128.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-201. Homestead exempt from execution generally

70-32-201. Homestead exempt from execution generally.
The homestead is exempt from execution or forced sale, except as in this chapter provided.
History: En. Sec. 1673, Civ. C. 1895; re-en. Sec. 4697, Rev. C. 1907; re-en. Sec. 6948, R.C.M. 1921; Cal. Civ. C. Sec. 1240; re-en. Sec. 6948, R.C.M. 1935; R.C.M. 1947, 33-104.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-202. Execution allowed under certain judgments

70-32-202. Execution allowed under certain judgments.
The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1) on debts secured by construction or vendors' liens upon the premises;
(2) on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unmarried claimant; or
(3) on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record.
History: En. Sec. 1674, Civ. C. 1895; re-en. Sec. 4698, Rev. C. 1907; re-en. Sec. 6949, R.C.M. 1921; Cal. Civ. C. Sec. 1241; re-en. Sec. 6949, R.C.M. 1935; R.C.M. 1947, 33-105(part); amd. Sec. 6, Ch. 370, L. 1981.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-203. Execution under judgments not enumerated -- application required

70-32-203. Execution under judgments not enumerated -- application required.
When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in 70-32-202 is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated or a judge thereof for the appointment of persons to appraise the value thereof.
History: En. Sec. 1678, Civ. C. 1895; re-en. Sec. 4702, Rev. C. 1907; re-en. Sec. 6953, R.C.M. 1921; Cal. Civ. C. Sec. 1245; re-en. Sec. 6953, R.C.M. 1935; R.C.M. 1947, 33-109.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-204. Application for appraisal -- contents -- filing

70-32-204. Application for appraisal -- contents -- filing.
(1) The application must be made upon a verified petition showing:
(a) the fact that an execution has been levied upon the homestead;
(b) the name of the claimant;
(c) that the value of the homestead exceeds the amount of the homestead exemption.
(2) The petition must be filed with the clerk of the district court.
History: En. Secs. 1679, 1680, Civ. C. 1895; re-en. Secs. 4703, 4704, Rev. C. 1907; re-en. Secs. 6954, 6955, R.C.M. 1921; Cal. Civ. C. Secs. 1246, 1247; re-en. Secs. 6954, 6955, R.C.M. 1935; R.C.M. 1947, 33-110, 33-111.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-205. Service of petition -- notice of hearing

70-32-205. Service of petition -- notice of hearing.
A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least 2 days before the hearing.
History: En. Sec. 1681, Civ. C. 1895; re-en. Sec. 4705, Rev. C. 1907; re-en. Sec. 6956, R.C.M. 1921; Cal. Civ. C. Sec. 1248; re-en. Sec. 6956, R.C.M. 1935; R.C.M. 1947, 33-112.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-206. Appointment of appraisers -- oath

70-32-206. Appointment of appraisers -- oath.
(1) At the hearing the judge may, upon proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint three disinterested residents and freeholders of the county to appraise the value of the homestead.
(2) The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.
History: En. Secs. 1682, 1683, Civ. C. 1895; re-en. Secs. 4706, 4707, Rev. C. 1907; re-en. Secs. 6957, 6958, R.C.M. 1921; Cal. Civ. C. Secs. 1249, 1250; re-en. Secs. 6957, 6958, R.C.M. 1935; R.C.M. 1947, 33-113, 33-114.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-207. Duty of appraisers

70-32-207. Duty of appraisers.
They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.
History: En. Sec. 1684, Civ. C. 1895; re-en. Sec. 4708, Rev. C. 1907; re-en. Sec. 6959, R.C.M. 1921; Cal. Civ. C. Sec. 1251; re-en. Sec. 6959, R.C.M. 1935; R.C.M. 1947, 33-115.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-208. Report of appraisers -- contents

70-32-208. Report of appraisers -- contents.
Within 15 days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.
History: En. Sec. 1685, Civ. C. 1895; re-en. Sec. 4709, Rev. C. 1907; re-en. Sec. 6960, R.C.M. 1921; Cal. Civ. C. Sec. 1252; re-en. Sec. 6960, R.C.M. 1935; R.C.M. 1947, 33-116.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-209. Order dividing land -- execution against remainder over exemption

70-32-209. Order dividing land -- execution against remainder over exemption.
If from the report it appears to the judge that the land claimed can be divided without material injury, the judge shall by an order direct the appraisers to set off to the claimant as much of the land, including the residence, that will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.
History: En. Sec. 1686, Civ. C. 1895; re-en. Sec. 4710, Rev. C. 1907; re-en. Sec. 6961, R.C.M. 1921; Cal. Civ. C. Sec. 1253; re-en. Sec. 6961, R.C.M. 1935; R.C.M. 1947, 33-117; amd. Sec. 2236, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-210. Sale when land cannot be divided

70-32-210. Sale when land cannot be divided.
If from the report it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption and that it cannot be divided, the judge shall make an order directing its sale under execution.
History: En. Sec. 1687, Civ. C. 1895; re-en. Sec. 4711, Rev. C. 1907; re-en. Sec. 6962, R.C.M. 1921; Cal. Civ. C. Sec. 1254; re-en. Sec. 6962, R.C.M. 1935; R.C.M. 1947, 33-118; amd. Sec. 2237, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-211. Amount of bid

70-32-211. Amount of bid.
At such sale no bid must be received unless it exceeds the amount of the homestead exemption.
History: En. Sec. 1688, Civ. C. 1895; re-en. Sec. 4712, Rev. C. 1907; re-en. Sec. 6963, R.C.M. 1921; Cal. Civ. C. Sec. 1255; re-en. Sec. 6963, R.C.M. 1935; R.C.M. 1947, 33-119.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-212. Application of proceeds of sale

70-32-212. Application of proceeds of sale.
If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant and the balance applied to the satisfaction of the execution.
History: En. Sec. 1689, Civ. C. 1895; re-en. Sec. 4713, Rev. C. 1907; re-en. Sec. 6964, R.C.M. 1921; Cal. Civ. C. Sec. 1256; re-en. Sec. 6964, R.C.M. 1935; R.C.M. 1947, 33-120.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-213. Sale proceeds equal to exemption protected

70-32-213. Sale proceeds equal to exemption protected.
The money paid to the claimant is entitled, for the period of 18 months thereafter, to the same protection against legal process and the voluntary disposition of either spouse which the law gives to the homestead.
History: En. Sec. 1690, Civ. C. 1895; re-en. Sec. 4714, Rev. C. 1907; re-en. Sec. 6965, R.C.M. 1921; Cal. Civ. C. Sec. 1257; re-en. Sec. 6965, R.C.M. 1935; amd. Sec. 2, Ch. 1, L. 1975; R.C.M. 1947, 33-121; amd. Sec. 9, Ch. 302, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-214. Compensation of appraisers

70-32-214. Compensation of appraisers.
The court must fix a reasonable amount as compensation for the appraisers.
History: En. Sec. 1691, Civ. C. 1895; re-en. Sec. 4715, Rev. C. 1907; re-en. Sec. 6966, R.C.M. 1921; Cal. Civ. C. Sec. 1258; re-en. Sec. 6966, R.C.M. 1935; R.C.M. 1947, 33-122; amd. Sec. 10, Ch. 302, L. 1987.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-215. Costs

70-32-215. Costs.
The execution creditor must pay the costs of these proceedings in the first instance, but in the cases provided for in 70-32-209 and 70-32-210, the amount so paid must be added as costs on execution and collected accordingly.
History: En. Sec. 1692, Civ. C. 1895; re-en. Sec. 4716, Rev. C. 1907; re-en. Sec. 6967, R.C.M. 1921; Cal. Civ. C. Sec. 1259; re-en. Sec. 6967, R.C.M. 1935; R.C.M. 1947, 33-123.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-216. Tracing homestead proceeds

70-32-216. Tracing homestead proceeds.
(1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the property, the owner is entitled for 18 months to exemption of the proceeds that are traceable.
(2) Proceeds are traceable under this section by application of the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor.
History: En. Sec. 6, Ch. 302, L. 1987; amd. Sec. 87, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 2. Homestead Exemption -- Execution › 70-32-221. Repealed

70-32-221. Repealed.
Sec. 5, Ch. 30, L. 2001.
History: En. Sec. 1, Ch. 590, L. 1987; amd. Sec. 2, Ch. 294, L. 1991.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 3. Conveyance, Encumbrance, and Abandonment of Homestead › 70-32-301. How conveyed or encumbered -- instrument

70-32-301. How conveyed or encumbered -- instrument.
The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife.
History: En. Sec. 1675, Civ. C. 1895; re-en. Sec. 4699, Rev. C. 1907; re-en. Sec. 6950, R.C.M. 1921; Cal. Civ. C. Sec. 1242; re-en. Sec. 6950, R.C.M. 1935; R.C.M. 1947, 33-106.
2023 Montana Code Annotated › Title 70. Property › Chapter 32. Homesteads › Part 3. Conveyance, Encumbrance, and Abandonment of Homestead › 70-32-302. How abandoned -- declaration

70-32-302. How abandoned -- declaration.
A homestead can be abandoned only by a declaration of abandonment or a grant thereof executed and acknowledged by:
(1) the husband and wife if the claimant is married;
(2) the claimant if unmarried.
History: En. Sec. 1676, Civ. C. 1895; re-en. Sec. 4700, Rev. C. 1907; re-en. Sec. 6951, R.C.M. 1921; Cal. Civ. C. Sec. 1243; re-en. Sec. 6951, R.C.M. 1935; R.C.M. 1947, 33-107.