Montana § 2-9-103 Actions Under Invalid Law Or Rule -- Same As If Valid -- When

Montana Statutes

§ 2-9-103 — Actions Under Invalid Law Or Rule -- Same As If Valid -- When

Montana § 2-9-103

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 9LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 1Liability Exposure

This text of Montana § 2-9-103 (Actions Under Invalid Law Or Rule -- Same As If Valid -- When) 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. § 2-9-103 (2026).

Text

2-9-103 . Actions under invalid law or rule -- same as if valid -- when.

(1)If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which the individuals or governmental entity would not have been liable if the law had been valid.

(2)If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ord

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2-9-103 . Actions under invalid law or rule -- same as if valid -- when. (1) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which the individuals or governmental entity would not have been liable if the law had been valid.
(2) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ordinance and that rule or ordinance is subsequently declared invalid, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which liability would not attach if the rule or ordinance had been valid.