Montana § 75-11-519 Liability -- Defense And Exclusions

Montana Statutes

§ 75-11-519 — Liability -- Defense And Exclusions

Montana § 75-11-519

Title 75ENVIRONMENTAL PROTECTION

Ch. 11UNDERGROUND STORAGE TANKS

Part 5Montana Underground Storage Tank Act

This text of Montana § 75-11-519 (Liability -- Defense And Exclusions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 75-11-519 (2026).

Text

75-11-519 . Liability -- defense and exclusions.

(1)A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:

(a)the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;

(b)the person has not caused or contributed to the violation; and

(c)the person is making an effort to abate the violation.

(2)For the purposes of this part, "gove

Free access — add to your briefcase to read the full text and ask questions with AI

75-11-519 . Liability -- defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:
(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;
(b) the person has not caused or contributed to the violation; and
(c) the person is making an effort to abate the violation.
(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.