Montana § 60-6-103 Encroachment Not Permanently Affixed -- Time Limit For Removal -- Penalty

Montana Statutes

§ 60-6-103 — Encroachment Not Permanently Affixed -- Time Limit For Removal -- Penalty

Montana § 60-6-103

Title 60HIGHWAYS AND TRANSPORTATION

Ch. 6HIGHWAY ENCROACHMENTS

Part 1Removal of Encroachments by State Authorities

This text of Montana § 60-6-103 (Encroachment Not Permanently Affixed -- Time Limit For Removal -- Penalty) 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. § 60-6-103 (2026).

Text

60-6-103 . Encroachment not permanently affixed -- time limit for removal -- penalty.

(1)Except as provided in 60-6-106 , if an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102 , the department may begin action under 60-6-104 for its removal at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.

(2)If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102 .

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60-6-103 . Encroachment not permanently affixed -- time limit for removal -- penalty. (1) Except as provided in 60-6-106 , if an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102 , the department may begin action under 60-6-104 for its removal at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.
(2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102 .