Montana Statutes
§ 60-6-104 — Unpermitted Encroachment -- Department Action
Montana·Title 60 HIGHWAYS AND TRANSPORTATION·Ch. 6 HIGHWAY ENCROACHMENTS·Part 1 Removal of Encroachments by State Authorities
60-6-104 . Unpermitted encroachment -- department action. Except as provided in 60-6-106 , if an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102 , the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department may remove it at the expense of the person who causes, owns, or controls it.
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Legislative History
En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(1); amd. Sec. 5, Ch. 303, L. 2019; amd. Sec. 4, Ch. 581, L. 2023.
Nearby Sections
10
§ 60-6-102
Notice Of Encroachment§ 60-6-105
Encroachment Affixed To The Land -- Time Limit For Removal -- Penalty -- Immediate Removal§ 60-6-201
Definitions§ 60-6-202
Overnight Camping And Storage Of Personal Property On State Highway Right-Of-Way Prohibited§ 60-6-203
Enforcement And Penalties§ 60-6-204
Rulemaking Authority