Montana § 60-6-105 Encroachment Affixed To The Land -- Time Limit For Removal -- Penalty -- Immediate Removal

Montana Statutes

§ 60-6-105 — Encroachment Affixed To The Land -- Time Limit For Removal -- Penalty -- Immediate Removal

Montana § 60-6-105

Title 60HIGHWAYS AND TRANSPORTATION

Ch. 6HIGHWAY ENCROACHMENTS

Part 1Removal of Encroachments by State Authorities

This text of Montana § 60-6-105 (Encroachment Affixed To The Land -- Time Limit For Removal -- Penalty -- Immediate Removal) 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. § 60-6-105 (2026).

Text

60-6-105 . Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal.

(1)If an unpermitted encroachment affixed to the land is not removed by the person who erected or maintains the encroachment within 5 days after receiving notice as provided for in 60-6-102 , the department may begin action under 60-6-104 to remove it 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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60-6-105 . Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal. (1) If an unpermitted encroachment affixed to the land is not removed by the person who erected or maintains the encroachment within 5 days after receiving notice as provided for in 60-6-102 , the department may begin action under 60-6-104 to remove it 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 .