Montana Statutes
§ 82-2-202 — Road Or Ditch Right-Of-Way
Montana·Title 82 MINERALS, OIL, AND GAS·Ch. 2 MINING GENERALLY·Part 2 Rights-of-Way and Eminent Domain
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.
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Legislative 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.
Nearby Sections
15
§ 82-2-101
Manner Of Locating Claim§ 82-2-102
Record Of Certificate Of Location§ 82-2-103
Affidavit Of Performance Of Annual Work§ 82-2-104
Millsites§ 82-2-105
Relocation Of Abandoned Claim§ 82-2-106
Rights Of Relocator§ 82-2-107
Amended Location§ 82-2-108
Relocation By Owner§ 82-2-110
Rights Of Third Persons Not Affected§ 82-2-111
Validating Locations Already Made§ 82-2-113
Effect Of Patent§ 82-2-114
Amended Locations§ 82-2-115
Filing Of False Mining Claims