Montana Statutes
§ 82-2-205 — Court Order And Appointment Of Commissioners
Montana·Title 82 MINERALS, OIL, AND GAS·Ch. 2 MINING GENERALLY·Part 2 Rights-of-Way and Eminent Domain
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.
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Legislative 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.
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