Montana § 60-4-217 Criteria For Right-Of-Way Abandonment

Montana Statutes

§ 60-4-217 — Criteria For Right-Of-Way Abandonment

Montana § 60-4-217

Title 60HIGHWAYS AND TRANSPORTATION

Ch. 4ACQUISITION AND DISPOSITION OF PROPERTY

Part 2Disposition of Property

This text of Montana § 60-4-217 (Criteria For Right-Of-Way Abandonment) 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. § 60-4-217 (2026).

Text

60-4-217 . Criteria for right-of-way abandonment.

(1)Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that:

(a)the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;

(b)a remainder exists to provide reasonable access; and

(c)at least one of the following applies:

(i)the disposal qualifies as an exception to 23 CFR 710.403(d);

(ii)reimbursement of federal funds is not required; or

(iii)the commission agrees to any required reimbursement of federal funds.

(2)An owner of contiguous property who does not object to the proposed receipt of title to the abandon

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60-4-217 . Criteria for right-of-way abandonment. (1) Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that:
(a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;
(b) a remainder exists to provide reasonable access; and
(c) at least one of the following applies:
(i) the disposal qualifies as an exception to 23 CFR 710.403(d);
(ii) reimbursement of federal funds is not required; or
(iii) the commission agrees to any required reimbursement of federal funds.
(2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.