Montana § 70-29-207 Allotment Of Shares Of Land -- Improvements

Montana Statutes

§ 70-29-207 — Allotment Of Shares Of Land -- Improvements

Montana § 70-29-207

Title 70PROPERTY

Ch. 29PARTITION OF REAL PROPERTY

Part 2Trial and Judgment

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Bluebook

Mont. Code Ann. § 70-29-207 (2026).

Text

70-29-207 . Allotment of shares of land -- improvements. In all cases the court shall direct the referees, in making partition of land, to allot the share of each of the parties owning an interest in the whole or in any part of the premises sought to be partitioned and to locate the share of each cotenant so as to embrace as far as practicable the improvements made by such cotenant upon the property, and the value of the improvements made by the tenants in common must be excluded from the valuation in making allotments, and the land must be valued without regard to such improvements, in case the same can be done without material injury to the rights and interests of the other tenants in common owning such land.

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70-29-207 . Allotment of shares of land -- improvements. In all cases the court shall direct the referees, in making partition of land, to allot the share of each of the parties owning an interest in the whole or in any part of the premises sought to be partitioned and to locate the share of each cotenant so as to embrace as far as practicable the improvements made by such cotenant upon the property, and the value of the improvements made by the tenants in common must be excluded from the valuation in making allotments, and the land must be valued without regard to such improvements, in case the same can be done without material injury to the rights and interests of the other tenants in common owning such land.

Legislative History

En. Sec. 1359, C. Civ. Proc. 1895; re-en. Sec. 6902, Rev. C. 1907; re-en. Sec. 9535, R.C.M. 1921; re-en. Sec. 9535, R.C.M. 1935; R.C.M. 1947, 93-6320(part).