Montana § 70-30-111 Facts Necessary To Be Found Before Condemnation

Montana Statutes

§ 70-30-111 — Facts Necessary To Be Found Before Condemnation

Montana § 70-30-111

Title 70PROPERTY

Ch. 30EMINENT DOMAIN

Part 1General and Substantive Provisions

This text of Montana § 70-30-111 (Facts Necessary To Be Found Before Condemnation) 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. § 70-30-111 (2026).

Text

70-30-111 . Facts necessary to be found before condemnation.

(1)Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings:

(a)the use to which the property is to be applied is a public use pursuant to 70-30-102 ;

(b)the taking is necessary to the public use;

(c)if already being used for a public use, that the public use for which the property is proposed to be used is a more necessary public use;

(d)an effort to obtain the property interest sought to be taken was made by submission of a final written offer prior to initiating condemnation proceedings and the final written offer was rejected.

(2)Subsection (1)(d) does not prohibit the condemnor from making further offers in an

Free access — add to your briefcase to read the full text and ask questions with AI

70-30-111 . Facts necessary to be found before condemnation. (1) Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings:
(a) the use to which the property is to be applied is a public use pursuant to 70-30-102 ;
(b) the taking is necessary to the public use;
(c) if already being used for a public use, that the public use for which the property is proposed to be used is a more necessary public use;
(d) an effort to obtain the property interest sought to be taken was made by submission of a final written offer prior to initiating condemnation proceedings and the final written offer was rejected.
(2) Subsection (1)(d) does not prohibit the condemnor from making further offers in an effort to obtain the property interest sought to be taken, but offers made after the final written offer is submitted pursuant to subsection (1)(d) may not be used to determine whether the condemnee prevails pursuant to 70-30-305 . The condemnor shall disclose to a property owner that further offers made in accordance with this subsection (2) are not considered the final written offer.

Legislative History

En. Sec. 583, p. 191, L. 1877; re-en. Sec. 583, 1st Div. Rev. Stat. 1879; re-en. Sec. 601, 1st Div. Comp. Stat. 1887; amd. Sec. 2214, C. Civ. Proc. 1895; re-en. Sec. 7334, Rev. C. 1907; re-en. Sec. 9937, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1241; re-en. Sec. 9937, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-9905(part); amd. Sec. 2, Ch. 622, L. 1983; amd. Sec. 61, Ch. 125, L. 2001; amd. Sec. 3, Ch. 512, L. 2007; amd. Sec. 2, Ch. 371, L. 2013.