Montana § 35-20-104 Effect Of Filing -- Powers Of Association -- Eminent Domain

Montana Statutes

§ 35-20-104 — Effect Of Filing -- Powers Of Association -- Eminent Domain

Montana § 35-20-104

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 20CEMETERY ASSOCIATIONS

Part 1Formation

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Bluebook

Mont. Code Ann. § 35-20-104 (2026).

Text

35-20-104 . Effect of filing -- powers of association -- eminent domain. When a certificate of incorporation is acknowledged, recorded, and filed as provided in 35-20-103 , the association is considered legally incorporated and has the general powers and privileges of corporations with the right to sue and be sued and to continue perpetually. The association may also take private property for public use for a cemetery or place of burial of the dead. The power of eminent domain must be exercised under the provisions of Title 70, chapter 30.

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35-20-104 . Effect of filing -- powers of association -- eminent domain. When a certificate of incorporation is acknowledged, recorded, and filed as provided in 35-20-103 , the association is considered legally incorporated and has the general powers and privileges of corporations with the right to sue and be sued and to continue perpetually. The association may also take private property for public use for a cemetery or place of burial of the dead. The power of eminent domain must be exercised under the provisions of Title 70, chapter 30.

Legislative History

En. Sec. 4, Ch. 18, L. 1905; re-en. Sec. 4240, Rev. C. 1907; amd. Sec. 1, Ch. 99, L. 1911; re-en. Sec. 6472, R.C.M. 1921; re-en. Sec. 6472, R.C.M. 1935; R.C.M. 1947, 9-104; amd. Sec. 32, Ch. 125, L. 2001.