Montana Statutes
§ 60-6-105 — Encroachment Affixed To The Land -- Time Limit For Removal -- Penalty -- Immediate Removal
Montana·Title 60 HIGHWAYS AND TRANSPORTATION·Ch. 6 HIGHWAY ENCROACHMENTS·Part 1 Removal of Encroachments by State Authorities
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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Legislative History
En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(2); amd. Sec. 6, Ch. 303, L. 2019.
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