Montana § 60-6-104 Unpermitted Encroachment -- Department Action

Montana Statutes

§ 60-6-104 — Unpermitted Encroachment -- Department Action

Montana § 60-6-104

Title 60HIGHWAYS AND TRANSPORTATION

Ch. 6HIGHWAY ENCROACHMENTS

Part 1Removal of Encroachments by State Authorities

This text of Montana § 60-6-104 (Unpermitted Encroachment -- Department Action) 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. § 60-6-104 (2026).

Text

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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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.