Montana § 76-5-109 Other Legal Remedies Preserved -- Immunity

Montana Statutes

§ 76-5-109 — Other Legal Remedies Preserved -- Immunity

Montana·Title 76 LAND RESOURCES AND USE·Ch. 5 FLOOD PLAIN AND FLOODWAY MANAGEMENT·Part 1 General Provisions

76-5-109 . Other legal remedies preserved -- immunity.

(1)The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.

(2)When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.

(3)The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.

(4)An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.

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76-5-109 . Other legal remedies preserved -- immunity. (1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.
(2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.
(3) The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.
(4) An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.

Montana § 76-5-109 (Other Legal Remedies Preserved -- Immunity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(1), (2), (4)En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; Sec. 89-3514, R.C.M. 1947; (3)En. Sec. 15, Ch. 393, L. 1971; amd. Sec. 205, Ch. 253, L. 1974; Sec. 89-3515, R.C.M. 1947; R.C.M. 1947, 89-3514(part), 89-3515; amd. Sec. 244, Ch. 418, L. 1995.