Montana Statutes
§ 60-4-217 — Criteria For Right-Of-Way Abandonment
Montana·Title 60 HIGHWAYS AND TRANSPORTATION·Ch. 4 ACQUISITION AND DISPOSITION OF PROPERTY·Part 2 Disposition of Property
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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Legislative History
En. Sec. 5, Ch. 226, L. 2005; amd. Sec. 22, Ch. 17, L. 2025.
Nearby Sections
15
§ 60-4-101
Rights Acquired By Public In Highway§ 60-4-103
Purposes For Which Property Acquired§ 60-4-106
Power To Acquire For Future§ 60-4-107
Road-Building Materials§ 60-4-202
Sale Of Interest In Real Property§ 60-4-203
Conduct Of Sale§ 60-4-204
Repealed