reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 6. Critical Infrastructure Facility -- Trespass › 82-1-604. Exempt activities

82-1-604. Exempt activities.
Nothing in 82-1-601 through 82-1-604 may be construed to limit legally permissible activity under 29 U.S.C. 151 through 169, as those sections existed on December 23, 2020.
History: En. Sec. 4, Ch. 522, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-101. Manner of locating claim

82-2-101. Manner of locating claim.
A person who discovers upon the public domain of the United States, within the state of Montana, a vein, lode, or ledge of rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits or a placer deposit of gold or other deposit of minerals having a commercial value that is subject to entry and patent under the mining laws of the United States may, if qualified by the laws of the United States, locate a mining claim upon the vein, lode, ledge, or deposit in the following manner:
(1) The person shall post conspicuously at the point of discovery a written or printed notice of location containing the name of the claim, the name of the locator or locators, if there is more than one, the date of the location, which must be the date of posting the notice, and the approximate dimensions of the area of the claim intended to be appropriated.
(2) Within 30 days after posting the notice of location, the person shall distinctly mark the location on the ground so that its boundaries can be readily traced. It is prima facie evidence that the location is properly marked if the boundaries are defined by a monument at each corner or angle of the claim, consisting of any one of the following kinds:
(a) a tree at least 8 inches in diameter and blazed on four sides;
(b) a post at least 4 inches square by 4 feet 6 inches in length, set 1 foot in the ground, unless solid rock should occur at a less depth, in which case the post should be set upon the rock and surrounded in all cases by a mound of earth or stone at least 4 feet in diameter by 2 feet in height. A squared stump of the requisite size, surrounded by a mound, must be considered the equivalent of a post and mound.
(c) a stone at least 6 inches square by 18 inches in length, set two-thirds of its length in the ground, with a mound of earth or stone alongside at least 4 feet in diameter by 2 feet in height; or
(d) a boulder at least 3 feet above the natural surface of the ground on the upper side. When other monuments or monuments of lesser dimensions than those described in subsections (2)(a) through (2)(c) are used, it is a question for the jury or for the court where the action is tried without a jury as to whether the location has been marked upon the ground so that its boundaries can be readily traced. Whatever monument is used, it must be marked with the name of the claim and the designation of the corner, either by number or cardinal point.
(3) Within 60 days after posting notice, the locator shall comply with the United States mining laws.
History: En. Sec. 3610, Pol. C. 1895; en. Sec. 1, Ch. 16, L. 1907; Sec. 2283, Rev. C. 1907; re-en. Sec. 7365, R.C.M. 1921; Cal. Civ. C. Sec. 1426; re-en. Sec. 7365, R.C.M. 1935; amd. Sec. 1, Ch. 4, Ex. L. 1971; R.C.M. 1947, 50-701; amd. Sec. 2715, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-102. Record of certificate of location

82-2-102. Record of certificate of location.
(1) Within 60 days after posting the notice of location, the locator shall record the location in the office of the county clerk of the county in which the mining claim is situated. The record must consist of a certificate of location for each claim containing:
(a) the name of the lode or claim and whether located as a lode or placer claim;
(b) the name of the locator or locators, if there is more than one, together with the post-office address of the locator or locators;
(c) the date of location and the description of the claim, with reference to some natural object or permanent monument, that will identify the claim and the section, township, and range in which the claim is situated by projected survey lines if located in unsurveyed country; and
(d) the directions and distances from the discovery point that describe the claim.
(2) The certificate of location must be verified before an officer authorized to administer oaths by the locator or one of the locators, if there is more than one, or by an authorized agent. In the case of a corporation, the verification may be made by an officer of the corporation or by an authorized agent. When the verification is made by an agent, the fact of the agency must be stated in the affidavit. A verified certificate of location or a certified copy of the certificate is prima facie evidence of all facts properly recited in the certificate. Failure of the locator or locators to record a certificate of location as required in this section creates a prima facie presumption of intent to abandon. However, recordation after the 60-day period but before the ground is located by another renews the location and saves the rights of the original locator. Nothing contained in 82-2-112 affects the prima facie presumption created by this section.
History: En. Sec. 3612, Pol. C. 1895; amd. Sec. 2, p. 141, L. 1901; amd. Sec. 2, Ch. 16, L. 1907; Sec. 2284, Rev. C. 1907; re-en. Sec. 7366, R.C.M. 1921; re-en. Sec. 7366, R.C.M. 1935; amd. Sec. 2, Ch. 4, Ex. L. 1971; amd. Sec. 1, Ch. 428, L. 1973; R.C.M. 1947, 50-702; amd. Sec. 1, Ch. 137, L. 1991; amd. Sec. 2716, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-104. Millsites

82-2-104. Millsites.
Millsite claims may be located and recorded in the same manner as other claims, except that no discovery or discovery work is required. Where a millsite claim is appurtenant to a mining claim, the certificate of location of such millsite claim shall describe, by appropriate reference, the mining claim to which it is appurtenant.
History: En. Sec. 3, Ch. 16, L. 1907; Sec. 2285, Rev. C. 1907; re-en. Sec. 7369, R.C.M. 1921; re-en. Sec. 7369, R.C.M. 1935; R.C.M. 1947, 50-705.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-105. Relocation of abandoned claim

82-2-105. Relocation of abandoned claim.
The relocator of an abandoned or forfeited mining claim may adopt as the relocator's discovery any shaft or other working existing upon the claim at the date of the relocation in which the vein, lode, or deposit is disclosed, but in that shaft or other working, the relocator shall perform the same discovery work that is required in the case of an original location.
History: En. Sec. 4, Ch. 16, L. 1907; Sec. 2286, Rev. C. 1907; re-en. Sec. 7370, R.C.M. 1921; re-en. Sec. 7370, R.C.M. 1935; R.C.M. 1947, 50-706; amd. Sec. 2718, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-106. Rights of relocator

82-2-106. Rights of relocator.
The rights of a relocator of any relocated abandoned or forfeited mining claim date from the posting of the relocator's notice of location on the claim, and while the relocator is performing the acts required by law to perfect the location, the relocator's rights may not be affected by any reentry or resumption of work by the former locator or claimant.
History: En. Sec. 5, Ch. 16, L. 1907; Sec. 2287, Rev. C. 1907; re-en. Sec. 7371, R.C.M. 1921; re-en. Sec. 7371, R.C.M. 1935; R.C.M. 1947, 50-707; amd. Sec. 2719, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-107. Amended location

82-2-107. Amended location.
A locator or claimant may at any time amend the location and make any change in the boundaries that does not involve a change in the point of discovery as shown by the discovery shaft by marking the location as amended upon the ground and filing an amended certificate of location conforming to the requirements of an original certificate of location. A defect in a recorded certificate of location may be cured by filing an amended certificate.
History: En. Sec. 6, Ch. 16, L. 1907; Sec. 2288, Rev. C. 1907; re-en. Sec. 7372, R.C.M. 1921; re-en. Sec. 7372, R.C.M. 1935; R.C.M. 1947, 50-708; amd. Sec. 2720, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-108. Relocation by owner

82-2-108. Relocation by owner.
A locator or claimant may at any time relocate the locator's or claimant's own claim for any purpose, except to avoid the performance of annual labor on the claim, and, by the relocation, may change the boundaries of the claim, the point of discovery, or both. However, the relocation must comply in all respects with the requirements of this part as to an original location.
History: En. Sec. 7, Ch. 16, L. 1907; Sec. 2289, Rev. C. 1907; re-en. Sec. 7373, R.C.M. 1921; re-en. Sec. 7373, R.C.M. 1935; R.C.M. 1947, 50-709; amd. Sec. 2721, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-109. Amendment or relocation not waiver of acquired rights

82-2-109. Amendment or relocation not waiver of acquired rights.
When a locator or claimant amends or relocates the locator's or claimant's own claim, the amendment or relocation may not be construed as a waiver of any right or title acquired by the locator or claimant by virtue of the previous location or record of that location, except as to portions of the previous location that may be omitted from the boundaries of the claim as amended or relocated. As to the portion of ground included both in the original location and the location as amended or relocated, the locator or claimant may rely either upon the original location or the location as amended or relocated or upon both. However, this section may not be construed as permitting the locator or claimant to hold a tract that does not include a valid discovery.
History: En. Sec. 8, Ch. 16, L. 1907; Sec. 2290, Rev. C. 1907; re-en. Sec. 7374, R.C.M. 1921; re-en. Sec. 7374, R.C.M. 1935; R.C.M. 1947, 50-710; amd. Sec. 2722, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-110. Rights of third persons not affected

82-2-110. Rights of third persons not affected.
No amendment or relocation of a mining claim by the locator or claimant thereof shall interfere with any third person's right existing at the time of such amendment or relocation.
History: En. Sec. 9, Ch. 16, L. 1907; Sec. 2291, Rev. C. 1907; re-en. Sec. 7375, R.C.M. 1921; re-en. Sec. 7375, R.C.M. 1935; R.C.M. 1947, 50-711.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-111. Validating locations already made

82-2-111. Validating locations already made.
All mining locations made and recorded under the laws of this state heretofore in force that in any respect have failed to conform to the requirements of such laws shall, nevertheless, in the absence of the rights of third persons accruing prior to the passage of this part, be valid if the making and recording of such locations conform to the requirements of this part.
History: En. Sec. 10, Ch. 16, L. 1907; Sec. 2292, Rev. C. 1907; re-en. Sec. 7376, R.C.M. 1921; re-en. Sec. 7376, R.C.M. 1935; R.C.M. 1947, 50-712.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-112. Defective locations good against persons with notice

82-2-112. Defective locations good against persons with notice.
The period of time prescribed by this part for the performance of any act may not be considered mandatory if the act is performed before the rights of third persons have intervened, and a defect in the posted notice or recorded certificate may not be considered material except as against one who has located the same ground or some portion of the same ground in good faith and without notice. Notice to an agent who makes a location on behalf of another must be considered notice to the agent's principal, and notice to one of several coclaimants must be considered notice to all.
History: En. Sec. 11, Ch. 16, L. 1907; Sec. 2293, Rev. C. 1907; re-en. Sec. 7377, R.C.M. 1921; re-en. Sec. 7377, R.C.M. 1935; R.C.M. 1947, 50-713; amd. Sec. 2723, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-113. Effect of patent

82-2-113. Effect of patent.
The issuance of a United States patent for a mining claim is considered conclusive evidence that the requirements of the laws of this state relative to the location and record of such mining claim have been duly complied with. However, if questions of priority are involved, the date of the location shall be an issuable fact when it is claimed to have been prior to the date of the record of the location.
History: En. Sec. 12, Ch. 16, L. 1907; Sec. 2294, Rev. C. 1907; re-en. Sec. 7378, R.C.M. 1921; re-en. Sec. 7378, R.C.M. 1935; amd. Sec. 10, Ch. 39, L. 1977; R.C.M. 1947, 50-714.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-114. Amended locations

82-2-114. Amended locations.
If, at any time, the locator of a mining claim or the locator's successors or assigns determine that the original declaratory statement was defective or erroneous, determine that the requirements of law were not complied with, or want to change the boundaries or take in any part of an overlapping claim that has been abandoned or if the original declaratory statement was filed prior to the passage of this law and the locator or the locator's successor's or assigns want the benefit of this part, the locator or the successors or assigns may file an additional or amended declaratory statement subject to the provisions of this part. However, the relocation or filing of the amended or additional declaratory statement may not interfere with the existing rights of others at the time of the relocation or filing of the amended or additional declaratory statement, and the relocation or amended or additional declaratory statement or other record may not preclude the claimant or claimants from proving any title that the claimant may have held under the previous location and notice.
History: En. Sec. 1, p. 56, L. 1901; re-en. Sec. 2295, Rev. C. 1907; re-en. Sec. 7379, R.C.M. 1921; Cal. Civ. C. Sec. 1426h; re-en. Sec. 7379, R.C.M. 1935; R.C.M. 1947, 50-715; amd. Sec. 2724, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 1. Location and Record of Claims › 82-2-115. Filing of false mining claims

82-2-115. Filing of false mining claims.
A person who offers a location certificate for a placer mining claim or lode claim or affidavit of assessment work to be filed in an office of a county clerk of this state on the person's own behalf or for any other person or a person who procures others to do so, knowing that the claim, certificate, or affidavit was not preceded by a proper location of the claim physically upon the ground by the establishment of a proper notice of claim and the designation of the surface boundaries of the claim by substantial posts or monuments as required by the laws of the state, shall be punished by imprisonment in the state prison for not more than 5 years, by a fine of not more than $5,000, or by both.
History: En. Sec. 1, Ch. 135, L. 1973; R.C.M. 1947, 50-702.1; amd. Sec. 2725, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-201. Right-of-way of owners of mines

82-2-201. Right-of-way of owners of mines.
The owner of a mining claim held under the laws of the United States by patent or otherwise or under the local laws and customs of the state has a right-of-way over and across the land or mining claim of another, patented or otherwise, as prescribed in this part.
History: En. Sec. 1, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 886, 5th Div. Rev. Stat. 1879; re-en. Sec. 1495, Comp. Stat. 1887; amd. and re-en. Sec. 3630, Pol. C. 1895; re-en. Sec. 2297, Rev. C. 1907; re-en. Sec. 7382, R.C.M. 1921; re-en. Sec. 7382, R.C.M. 1935; R.C.M. 1947, 50-801.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-202. Road or ditch right-of-way

82-2-202. Road or ditch right-of-way.
Whenever a mine or mining claim is so situated that it cannot be conveniently worked without a road thereto or a ditch to convey water thereto or a ditch or a cut to convey the water therefrom or without a flume to carry water and tailings therefrom or without a shaft or tunnel thereto, which road, ditch, cut, flume, or tunnel must necessarily pass over, under, through, or across any lands or mining claims owned or occupied by another, such owner is entitled to a right-of-way for said road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the lands or mining claims belonging to another, upon compliance with the provisions of this part.
History: En. Sec. 2, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 887, 5th Div. Rev. Stat. 1879; re-en. Sec. 1496, Comp. Stat. 1887; amd. and re-en. Sec. 3631, Pol. C. 1895; re-en. Sec. 2298, Rev. C. 1907; re-en. Sec. 7383, R.C.M. 1921; re-en. Sec. 7383, R.C.M. 1935; R.C.M. 1947, 50-802.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-203. Proceedings to obtain right-of-way

82-2-203. Proceedings to obtain right-of-way.
Whenever the owner desires to work a mine or mining claim and it is necessary that the owner have a right-of-way for any of the purposes mentioned in 82-2-201 and 82-2-202 in order to work the mine or mining claim successfully and conveniently and if the right-of-way has not been acquired by agreement between the owner of the mining claim and the owner of the land or claims over, under, across, and upon which the mining claim owner seeks to establish the right-of-way, it is lawful for the mining claim owner to present to the judge of the district court a complaint asking that the right-of-way be granted. The complaint must be verified and contain a particular description of the character and extent of the right sought, a description of the mine or mining claim of the owner, and the mining claim or claims and the land to be affected by the right-of-way, with the names of the occupants or owners of the affected land, and may also set forth any tender or offer.
History: En. Sec. 3, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 888, 5th Div. Rev. Stat. 1879; re-en. Sec. 1497, Comp. Stat. 1887; amd. and re-en. Sec. 3632, Pol. C. 1895; re-en. Sec. 2299, Rev. C. 1907; re-en. Sec. 7384, R.C.M. 1921; re-en. Sec. 7384, R.C.M. 1935; R.C.M. 1947, 50-803; amd. Sec. 2726, Ch. 56, L. 2009; amd. Sec. 38, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-204. Proceedings before the court

82-2-204. Proceedings before the court.
Upon the receipt of the complaint and filing thereof with the clerk of the court, the judge must direct a summons to issue to the defendants named in the complaint requiring them to appear before the judge on a day therein named, which must be not less than 10 days from the service thereof, and show cause why such right-of-way should not be allowed. The summons may be served on each of the parties in the manner prescribed by law for serving summons in other actions.
History: En. Sec. 4, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 889, 5th Div. Rev. Stat. 1879; re-en. Sec. 1498, Comp. Stat. 1887; amd. and re-en. Sec. 3633, Pol. C. 1895; re-en. Sec. 2300, Rev. C. 1907; re-en. Sec. 7385, R.C.M. 1921; re-en. Sec. 7385, R.C.M. 1935; R.C.M. 1947, 50-804.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-205. Court order and appointment of commissioners

82-2-205. Court order and appointment of commissioners.
Upon the return of the summons or upon any day to which the hearing is adjourned, the defendants may answer, issue must be joined, and the judge shall hear the allegations and proofs of the respective parties. If, upon the hearing, the judge is satisfied that the claims of the plaintiff may be worked conveniently only by means of the privilege asked for, the judge shall make an order adjudging and awarding to the plaintiff the right-of-way and shall appoint three commissioners who are disinterested persons and residents of the county to assess the damages to the lands or claims affected by the order.
History: En. Sec. 5, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 890, 5th Div. Rev. Stat. 1879; re-en. Sec. 1499, Comp. Stat. 1887; amd. and re-en. Sec. 3634, Pol. C. 1895; re-en. Sec. 2301, Rev. C. 1907; re-en. Sec. 7386, R.C.M. 1921; re-en. Sec. 7386, R.C.M. 1935; amd. Sec. 11, Ch. 39, L. 1977; R.C.M. 1947, 50-805; amd. Sec. 2727, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-206. Commissioners to assess damages

82-2-206. Commissioners to assess damages.
The commissioners must be sworn to faithfully and impartially discharge their duties and must without delay examine the property, lands, and claims and assess the damages resulting from such right-of-way and report the amount to the judge, and if such right-of-way affects the property of more than one person, such report must contain an assessment of damages to each person.
History: En. Sec. 6, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 891, 5th Div. Rev. Stat. 1879; re-en. Sec. 1500, Comp. Stat. 1887; amd. and re-en. Sec. 3635, Pol. C. 1895; re-en. Sec. 2302, Rev. C. 1907; re-en. Sec. 7387, R.C.M. 1921; re-en. Sec. 7387, R.C.M. 1935; R.C.M. 1947, 50-806.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-207. Power to set aside commissioners' report

82-2-207. Power to set aside commissioners' report.
For good cause shown, the judge may set aside the report of the commissioners and appoint three other commissioners.
History: En. Sec. 7, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 892, 5th Div. Rev. Stat. 1879; re-en. Sec. 1501, Comp. Stat. 1887; amd. and re-en. Sec. 3636, Pol. C. 1895; re-en. Sec. 2303, Rev. C. 1907; re-en. Sec. 7388, R.C.M. 1921; re-en. Sec. 7388, R.C.M. 1935; R.C.M. 1947, 50-807.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-208. Right-of-way to commence upon payment of assessed damages

82-2-208. Right-of-way to commence upon payment of assessed damages.
Upon the payment of the sum assessed as damages and all costs to the persons to whom it is awarded or the payment of the same to the clerk for the use of such person, plaintiff is entitled to the right-of-way and may immediately proceed to occupy the same and to erect thereon such works and structures and make therein such excavations as may be necessary to the use and enjoyment of the right-of-way so awarded.
History: En. Sec. 8, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 893, 5th Div. Rev. Stat. 1879; re-en. Sec. 1502, Comp. Stat. 1887; amd. and re-en. Sec. 3637, Pol. C. 1895; re-en. Sec. 2304, Rev. C. 1907; re-en. Sec. 7389, R.C.M. 1921; re-en. Sec. 7389, R.C.M. 1935; R.C.M. 1947, 50-808.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-209. Appeal from assessment of damages

82-2-209. Appeal from assessment of damages.
An appeal from the assessment of damages made by the commissioners may be taken to the district court by any party interested at any time within 10 days after the filing of the report of the commissioners. A written notice of appeal must be filed with the clerk and served upon the opposite party.
History: En. Sec. 9, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 894, 5th Div. Rev. Stat. 1879; re-en. Sec. 1503, Comp. Stat. 1887; amd. and re-en. Sec. 3638, Pol. C. 1895; re-en. Sec. 2305, Rev. C. 1907; re-en. Sec. 7390, R.C.M. 1921; re-en. Sec. 7390, R.C.M. 1935; R.C.M. 1947, 50-809.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-210. Trial on appeal and costs

82-2-210. Trial on appeal and costs.
On appeal, the question of the amount of damages may be tried by the court or jury as in other cases. If the appellant recovers damages exceeding the amount awarded by the commissioners, the opposite party must pay the costs of appeal, otherwise the appellant.
History: En. Sec. 10, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 895, 5th Div. Rev. Stat. 1879; re-en. Sec. 1504, Comp. Stat. 1887; amd. and re-en. Sec. 3639, Pol. C. 1895; re-en. Sec. 2306, Rev. C. 1907; re-en. Sec. 7391, R.C.M. 1921; re-en. Sec. 7391, R.C.M. 1935; R.C.M. 1947, 50-810.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-211. Payment of costs

82-2-211. Payment of costs.
All costs and expenses of the proceedings under the provisions of this part, except as provided in 82-2-210, must be paid by the plaintiff or party making the application. The judge may, if the right-of-way asked for is denied, allow the opposite party a reasonable counsel fee.
History: En. Sec. 3640, Pol. C. 1895; re-en. Sec. 2307, Rev. C. 1907; re-en. Sec. 7392, R.C.M. 1921; re-en. Sec. 7392, R.C.M. 1935; R.C.M. 1947, 50-811.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-212. Appeal to supreme court

82-2-212. Appeal to supreme court.
An appeal to the supreme court may be taken by either party as in other cases.
History: En. Sec. 3641, Pol. C. 1895; re-en. Sec. 2308, Rev. C. 1907; re-en. Sec. 7393, R.C.M. 1921; re-en. Sec. 7393, R.C.M. 1935; R.C.M. 1947, 50-812.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-221. Eminent domain for open-pit mining -- purchase of property required

82-2-221. Eminent domain for open-pit mining -- purchase of property required.
(1) (a) Subject to subsection (1)(b), when the right of eminent domain is exercised pursuant to Title 70, chapter 30, to acquire estates and rights in land for the purpose of open-pit mining of the ores, metals, or minerals owned by the condemnor, the decree must be granted on the condition that the condemnor protects the public in the immediate area by agreeing to purchase all property within 300 yards of the surface tract condemned, including vacant lots.
(b) In order to fall within the protection provided by subsection (1)(a), the owner of land within 300 yards of the surface tract condemned shall serve upon the condemnor and file with the court a written offer stating the amount asked for the property within 30 days from the entry of the court order appointing commissioners in the eminent domain proceeding.
(2) If the condemnor and an owner are unable to agree upon the compensation to be paid for the property, the court, upon petition of either party, may proceed to determine the compensation to be paid for property in the manner prescribed in Title 70, chapters 30 and 31, for ascertaining the value of property taken through the exercise of the right of eminent domain.
History: En. Sec. 1, Ch. 240, L. 1961; amd. Sec. 1, Ch. 304, L. 1973; R.C.M. 1947, 50-813; amd. Sec. 97, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-222. Construction of alternate facilities

82-2-222. Construction of alternate facilities.
If a mineral owner seeks to condemn streets, roads, alleys, or highways pursuant to Title 70, chapter 30, for the purposes stated in 82-2-221, there must also be attached to the complaint for condemnation a plat or plats showing the alternate facilities to be proposed and paid for by the condemnor. The court, in its final order of condemnation, may order the condemnor to construct reasonable and adequate alternate facilities that it considers appropriate under the circumstances.
History: En. Sec. 2, Ch. 240, L. 1961; R.C.M. 1947, 50-814; amd. Sec. 98, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-223. Compensation for property

82-2-223. Compensation for property.
(1) The measure of compensation for the property located within 300 yards of the surfaced tract condemned shall be the fair market value or the value of similar property in a similar area not affected by open-pit mining operations, whichever the owner of the surface property shall elect to receive.
(2) The measure of compensation for a building owned by the city, county, or state shall be the value of the cost of replacing the building in a similar area not affected by open-pit mining operations.
History: En. Sec. 3, Ch. 240, L. 1961; amd. Sec. 2, Ch. 304, L. 1973; R.C.M. 1947, 50-815.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 2. Rights-of-Way and Eminent Domain › 82-2-224. Notice of condemnation -- filing of plat

82-2-224. Notice of condemnation -- filing of plat.
Any party seeking to condemn property for open-pit mining purposes pursuant to Title 70, chapter 30, shall serve written notice on all owners and purchasers under contracts for deed of property within 300 yards of the surface tract sought to be condemned or shall file a plat showing the boundaries of the property sought to be condemned in the office of the county clerk and recorder. The filing of the plat constitutes notice to the owner or owners not personally served with written notice.
History: En. Sec. 4, Ch. 240, L. 1961; amd. Sec. 3, Ch. 304, L. 1973; R.C.M. 1947, 50-816; amd. Sec. 24, Ch. 526, L. 1983; amd. Sec. 99, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-301. Short title

82-2-301. Short title.
This part may be referred to as "The Landowner Notification Act".
History: En. Sec. 1, Ch. 335, L. 1971; R.C.M. 1947, 50-1301.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-302. Ascertaining ownership of land

82-2-302. Ascertaining ownership of land.
All prospectors for minerals, miners, or other persons contemplating surface disturbance by mechanical equipment other than hand tools on lands within the state of Montana are required to ascertain the ownership and possessory right of any land before performing any such operations causing surface disturbance such as road or trail building or any other work disturbing the surface on such land.
History: En. Sec. 2, Ch. 335, L. 1971; R.C.M. 1947, 50-1302.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-303. Written notice and approval required before commencement of operations

82-2-303. Written notice and approval required before commencement of operations.
(1) The land or surface of land not owned in fee by such person may not be disturbed in any manner until the owner or manager of the surface of said land and the owner of a possessory right to said land are given notice in writing, accompanied by a map showing the specific locations involved, of such person's intent or desire to enter upon such land, which will sufficiently disclose the plan of work and operations, including contemplated measures for the protection and restoration of the land and waters, to enable the owner or manager of the land and any person holding a possessory right to such land to evaluate the extent of disturbance contemplated and the effectiveness and sufficiency of the protection and restoration measures planned.
(2) Before commencement of any work or operations on any such lands, such person must first obtain from the surface owner of private land specific written approval of the proposed work or operations.
(3) In the case of city, county, state, or federally owned lands, such person must first obtain the authorization or permit, if any, required by the applicable law and the regulations of the governmental agency or board charged by law with the administration or management of the surface of such land.
History: En. Sec. 3, Ch. 335, L. 1971; R.C.M. 1947, 50-1303.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-304. Exemption -- discovery pits on federal lands

82-2-304. Exemption -- discovery pits on federal lands.
Discovery pits which may be required to locate a mining claim on federal lands open to mineral entry, when excavated entirely by hand methods with hand tools, are exempt from the operation of this part.
History: En. Sec. 4, Ch. 335, L. 1971; R.C.M. 1947, 50-1304.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-305. Exemption -- operations pursuant to prospecting permits or other agreements

82-2-305. Exemption -- operations pursuant to prospecting permits or other agreements.
The provisions of this part shall not apply where operations upon land are performed in accordance with the terms of a prospecting permit or a lease covering any mineral interest in said land or other valid agreements authorizing such operations which are in full force and effect.
History: En. Sec. 5, Ch. 335, L. 1971; amd. Sec. 1, Ch. 194, L. 1973; R.C.M. 1947, 50-1305.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 3. Landowner Notification of Surface Operations › 82-2-306. Violation -- immunity of landowner

82-2-306. Violation -- immunity of landowner.
Any work done in violation of this part is punishable as a misdemeanor, and each day of violation shall constitute a separate offense. The owner or lessor shall not be liable for injury to any person on either owned or leased land.
History: En. Sec. 6, Ch. 335, L. 1971; R.C.M. 1947, 50-1306.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-401. Sampling rooms required

82-2-401. Sampling rooms required.
A person, association, or corporation engaged in the business of buying or sampling or smelting for hire ores of gold, silver, copper, lead, zinc, iron, or other valuable metal shall maintain a sampling room or house to which the ore shippers or their agents or representatives must have access at all times during the sampling of ores or while the sampling is being carried on and in which must be maintained samples of all ores that the person, association, or corporation may buy or smelt.
History: En. Sec. 1, Ch. 54, L. 1909; re-en. Sec. 3436, R.C.M. 1921; re-en. Sec. 3436, R.C.M. 1935; R.C.M. 1947, 50-201; amd. Sec. 2728, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-402. Samples of 50 pounds per ton to be retained until settlement

82-2-402. Samples of 50 pounds per ton to be retained until settlement.
A person, association, or corporation that buys ore upon an agreement to pay for it in an amount dependent upon the metallic contents or that smelts any ore shall retain from the pulp or crushed ore, as the ore is sampled, a quantity of not less than 50 pounds out of each ton of ore. The quantity must be selected regularly and at equal intervals from any lot of ore bought or to be smelted, and the person, association, or corporation shall keep this quantity separate from any other ore or pulp for a period of 30 days or until full settlement is made and accepted by the shipper. Until full settlement is made and accepted, the ore shipper or the shipper's agents or representatives may take any part from the quantity retained for the purpose of sampling or assaying that part. However, the value of any part taken by the owner or shipper may be deducted from the total value of the ore delivered by the owner or shipper.
History: En. Sec. 2, Ch. 54, L. 1909; re-en. Sec. 3437, R.C.M. 1921; re-en. Sec. 3437, R.C.M. 1935; amd. Sec. 1, Ch. 39, L. 1977; R.C.M. 1947, 50-202; amd. Sec. 2729, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-403. Penalty for commingling foreign substances with ore

82-2-403. Penalty for commingling foreign substances with ore.
Any person or persons, corporation, association, or partnership which shall, with intent to defraud, in any manner whatever, introduce any foreign substance into any ore or commingle any foreign substance with any ore intended for sale in any smelter or which any person, association, or corporation shall have undertaken for hire to smelt or into any sample retained for tests or assays, as provided in 82-2-402, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 or more than $1,000 or by imprisonment in the county jail for a period of not less than 60 days or more than 12 months or by both such fine and imprisonment.
History: En. Sec. 3, Ch. 54, L. 1909; amd. Sec. 1, Ch. 44, L. 1921; re-en. Sec. 3438, R.C.M. 1921; re-en. Sec. 3438, R.C.M. 1935; R.C.M. 1947, 50-203.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-404. Umpire assayers -- appointment, qualifications, and duties

82-2-404. Umpire assayers -- appointment, qualifications, and duties.
A person, association, or corporation engaged in the sampling of ores with intent to purchase or smelt them, whether for themselves or as the agent or agents for other purchasers, shall choose an assayer who has operated an assay office or chemical laboratory for at least 1 year. The person, association, or corporation shall submit to the selected assayer all samples of ore over which there is a dispute as to metallic contents or value between the buyer or sampler and the seller of the ore. The chosen assayer shall be known as the umpire for the person, association, or corporation.
History: En. Sec. 1, Ch. 115, L. 1909; re-en. Sec. 3439, R.C.M. 1921; re-en. Sec. 3439, R.C.M. 1935; amd. Sec. 2, Ch. 39, L. 1977; R.C.M. 1947, 50-204; amd. Sec. 1, Ch. 27, L. 1979.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-405. Notice of selection

82-2-405. Notice of selection.
Upon the selection of the umpire, who must be actively engaged in the assaying business in this state, the person, association, or corporation selecting the umpire shall, within 10 days after the selection is made, post a notice of the selection in a conspicuous place within and outside the room or house where the sampling of ore is carried on by the person, association, or corporation.
History: En. Sec. 2, Ch. 115, L. 1909; re-en. Sec. 3440, R.C.M. 1921; re-en. Sec. 3440, R.C.M. 1935; amd. Sec. 3, Ch. 39, L. 1977; R.C.M. 1947, 50-205; amd. Sec. 2730, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-406. Violation -- penalty

82-2-406. Violation -- penalty.
Every person, association, or corporation engaged in the sampling of ores belonging to others which fails to comply with the provisions of 82-2-404 or 82-2-405 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or less than $500.
History: En. Sec. 3, Ch. 115, L. 1909; re-en. Sec. 3441, R.C.M. 1921; re-en. Sec. 3441, R.C.M. 1935; R.C.M. 1947, 50-206.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-421. Time for payment for ores

82-2-421. Time for payment for ores.
(1) A person, association, company, or corporation engaged within this state in purchasing ore, minerals, or metals from or in smelting, milling, or otherwise reducing or preparing the same for market for any other person or persons, association, company, or corporation shall, within 20 days after any ore, minerals, or metals have arrived at the person's or entity's smelter, mill, reduction works, yards, or other place for receiving ore, minerals, or metals, make full settlement with and payment of the amount due to the consignor or consignors unless restrained or prevented from making the settlement and payment by an order, writ, or process of a court of competent jurisdiction.
(2) The provisions of this section are not applicable to any ore, minerals, or metals received pursuant to an existing written contract at the time of shipment between the consignor or consignors and the person, association, company, or corporation receiving the same when the time for settlement and payment is provided for in the contract.
History: En. Sec. 1, Ch. 37, L. 1911; re-en. Sec. 3442, R.C.M. 1921; re-en. Sec. 3442, R.C.M. 1935; amd. Sec. 1, Ch. 5, L. 1953; R.C.M. 1947, 50-301(part); amd. Sec. 2731, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-422. Violation -- penalty

82-2-422. Violation -- penalty.
Any person, association, company, or corporation violating any of the provisions of 82-2-421 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or less than $500.
History: En. Sec. 2, Ch. 37, L. 1911; re-en. Sec. 3443, R.C.M. 1921; re-en. Sec. 3443, R.C.M. 1935; R.C.M. 1947, 50-302.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-423. Statement by purchasers of ore from leased mines

82-2-423. Statement by purchasers of ore from leased mines.
A person or corporation buying or treating ores from leased mines or mining claims shall furnish the lessor and the lessee of the mines or mining claims a true and correct copy of the statement of returns of ores from the sale or shipment. The statement shall show both the gross and net proceeds derived from the sale or shipment of ores. Upon shipment of the ores from leased premises, either for sale or treatment, the shipper shall furnish to any sampling works or smelter buying or treating them the names and post-office addresses of the lessor and the lessee interested in that shipment of ores, and within 7 days after receipt of the statement from the sampling works or smelter, the shipper shall make settlement with the lessor and the lessee for the shipment or sale of ores, based upon the statement received by the parties from the sampling works or smelter.
History: En. Sec. 1, Ch. 79, L. 1921; re-en. Sec. 3444, R.C.M. 1921; re-en. Sec. 3444, R.C.M. 1935; amd. Sec. 4, Ch. 39, L. 1977; R.C.M. 1947, 50-303.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-424. Copy of statement to lessee

82-2-424. Copy of statement to lessee.
Sampling works and smelters within this state shall mail a duplicate copy of any statement showing the gross and net proceeds of all ores bought from or treated for lessors of mines to the lessee of the mine or mining claim from which the ores were extracted at the same time the statement is furnished to the lessor of the mine or mining claim or shipper of the ore.
History: En. 3444.1, R.C.M. 1935 by Sec. 1, Ch. 17, L. 1937; amd. Sec. 5, Ch. 39, L. 1977; R.C.M. 1947, 50-304.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-425. Shipper -- penalty for violation

82-2-425. Shipper -- penalty for violation.
A person or corporation who, as the shipper, violates 82-2-423, as amended, is liable to the lessor and the lessee for 10% of the net returns from the shipment or sale of ores referred to in that section, in addition to the value of the interest of the lessor and the lessee in the shipment. This amount may be recovered in an action in any court of competent jurisdiction.
History: En. Sec. 2, Ch. 79, L. 1921; re-en. Sec. 3445, R.C.M. 1921; re-en. Sec. 3445, R.C.M. 1935; amd. Sec. 6, Ch. 39, L. 1977; R.C.M. 1947, 50-305.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 4. Assaying of Ore and Payment for Consignments › 82-2-426. Smelters -- penalty for violation

82-2-426. Smelters -- penalty for violation.
Any person or corporation operating any sampling works or smelter within this state who shall violate any of the provisions of 82-2-423 and 82-2-424 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50 or more than $100.
History: En. Sec. 3, Ch. 79, L. 1921; re-en. Sec. 3446, R.C.M. 1921; re-en. Sec. 3446, R.C.M. 1935; amd. Sec. 2, Ch. 17, L. 1937; R.C.M. 1947, 50-306.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 7. Sand and Gravel Deposit Program › 82-2-701. Sand and gravel deposit program -- investigation -- purpose -- prioritization

82-2-701. Sand and gravel deposit program -- investigation -- purpose -- prioritization.
(1) The Montana bureau of mines and geology shall establish a sand and gravel deposit program for the purpose of investigating sand and gravel deposits in areas of the state where conflicts between development and sand and gravel operations are high.
(2) In prioritizing areas for investigation, the bureau of mines and geology shall consider the largest counties, according to the most recent census data, and counties with the most opencut mining permits and subdivision applications, according to the department of environmental quality.
(3) The bureau of mines and geology may start an investigation when it has sufficient funds to conduct an investigation.
(4) Within 1 year of starting an investigation, the bureau of mines and geology shall present the results of the investigation in the form of maps and text and in accordance with 5-11-210 to:
(a) the counties included in the investigation;
(b) the local government interim committee; and
(c) the environmental quality council.
History: En. Sec. 1, Ch. 276, L. 2009; amd. Sec. 112, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 2. Mining Generally › Part 7. Sand and Gravel Deposit Program › 82-2-702. Authority to accept gifts, grants, and reimbursements

82-2-702. Authority to accept gifts, grants, and reimbursements.
The Montana bureau of mines and geology may accept gifts, grants, and reimbursements to be used for the purposes of 82-2-701.
History: En. Sec. 2, Ch. 276, L. 2009.