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

Montana Statutes

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

Montana § 76-5-109

Title 76LAND RESOURCES AND USE

Ch. 5FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 1General Provisions

This text of Montana § 76-5-109 (Other Legal Remedies Preserved -- Immunity) 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. § 76-5-109 (2026).

Text

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.

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

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.

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.