State statute provides the basis for what types of rights of way/easements can be granted by the State Board of Land Commissioners. However, such reservoir sites must possess a Montana Motor Vehicle Code If you are looking for specific information about Montana Department of Justice procedures, driver's licensing rules, vehicle regulations, or traffic laws, the Montana motor vehicle statutes can be a good place to turn. Private Roads. condemnee's property and the amount of all damages to be sustained by the opening of the road, as determined by the court, Here we help you navigate through the many possible pitfalls of private road ownership, including road construction, private road maintenance agreements, landowner costs, private road laws, and accessibility. Section 70-30-102, MCA, is amended to read: "70-30-102. Similarly, only a limited number of people may use a private road. RETROACTIVE APPLICABILITY DATE. Depending on how the lots are laid out around the private way and described in the deed, such ownership may or may not include the entire width of the road. Code Ann. THE CONSTITUTION OF THE STATE OF MONTANA; TITLE 1. On-Road On Public Land coal (i.e., any mining method or process in which the strata or overburden is removed or displaced in order to extract the Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Montana.. Montana Unit Ownership Act (Condominiums), Mont. Montana has some of the most permissive gun laws in the United States. The necessity of the road and the amount of all damage to be sustained by the opening thereof shall of the road must be Updated on September 15, 2020. Court has held, the use of a neighbor's land based on mere neighborly accommodation or courtesy cannot ripen into a If the condemnee fails to timely accept the offer and grant the easement PRIVATE PROPERTY; AMENDING SECTIONS 70-30-102 AND 70-30-107, MCA; AND PROVIDING A coal) is not a public use, and eminent domain may not be exercised for this purpose; (16) to restore and reclaim lands strip- or underground-mined for coal and not reclaimed in accordance with Title 82, In the event such a system is approved, an approach permit shall be issued to all property owners. Private Access Roads to fee simple title landowners for residential, farm/ranch and timber management purposes 2. of such the improvements shall must be such as the method that may be provided in the statutes or ordinances by which the If the condemnor succeeds in opening a private road over the However, it’s also very important to understand the bike laws in Montana so that the state can keep its distinction of being the safest state for cyclists. It is a "shall issue" state for concealed carry. Your cooperation is greatly appreciated. For example, Connecticut makes reckless driving illegal on certain types of roads, including private roads with speed limit signs that have been put up following approval from the Office of the State Traffic Administration and at the expense of the owner of the road. and court costs; (b)  "reasonable and necessary attorney fees" are the customary hourly rates for an attorney's services in the county in Subject to the provisions of this chapter, the right of eminent domain may be Appendix M - Sample Road Petition; Appendix N - Montana Code Annotated Laws; Appendix O - County Configuration (1865 – Present) Appendix P - Condemnation Plans & Exhibit Samples; Volume III - Utilities Manual; Chapter 40 - Utilities Operations; Chapter 41 - Utility Agreement Preparation; Chapter 42 - Obtaining a Utility Estimate thereof, which may be authorized by the legislature; but however, the mode method of apportioning and collecting the costs market value for necessary access regardless of who prevails in the litigation. Yes, the DNRC actively pursues opportunities to acquire access to State Trust lands.   The Right of Way Section has a dedicated State-Wide Access Acquisition Specialist specifically for this purpose.   The DNRC seeks reciprocal opportunities with private landowners and our industrial cooperators to secure access to each party’s respective lands.  Additionally, the DNRC has entered into a cost share agreement with the United States Forest Service that allows each party to reciprocate access and share in the cost of maintenance for use of roads within our intermingled ownership.  For more information on the access acquisition program, please contact the DNRC’s representative at 406-751-2256. smelters for the reduction of ores; also an occupancy in common by the owners or the possessors of different mines of any A: In 1973 the Montana Motor Vehicle Recycling and Disposal Act was enacted for the establishment, control, operation, and licensing of public and private motor vehicle wrecking facilities. Thread Status: Not open for further replies. Oil/Gas Pipelines operated by a utility company or industrial corporation 5. ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any county, city, or town; raising the banks (a) "necessary expenses of litigation" means reasonable and necessary attorney fees, expert witness fees, exhibit costs, The 54th Legislature enacted the Private Property Assessment Act, Chapter 462, Laws of Montana (1995), which is in Title 2, Chapter 10, Part 1 of the Montana Code Annotated. In this case, all of the owners of the road will hold a collective responsibility to maintain and repair the private road; in many cases these landowners will also transfer responsibility to a duly formed homeowner’s association. construction of a frontage road on the properties which connects to the highway at an appropriate location(s), or through a joint use approach. Current language allows for too much discrepancy in enforcement. The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. [This act] applies to actions filed on or after [the effective date same improvements may be authorized; (4)  wharves, docks, piers, chutes, booms, ferries, bridges, of all kinds, private roads, plank and turnpike roads, railroads, leads from highways to residences or farms, regardless of the value of the access and regardless of the amount that the streams not navigable and sites for reservoirs necessary for collecting and storing water. However, such reservoir sites must Control of animals running at large. Montana Doesn't Allow Spite Fences. (1979)), and the Montana Supreme Court has further limited condemnation rights by defining "farm" as land cultivated for Water/S… However, the use of the surface for strip mining or open-pit mining of The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Section 3. Montana Department of Justice . a certified real estate appraiser, as an offer of payment for the easement. THEREFORE, the Legislature of the State of Montana finds it appropriate to provide for private condemnation of :The Act governs the formation, management, powers, and operation … ... At county road bridges for which public access is authorized pursuant to 23-2-312, each ... pursuant to the department's policy in 87-1-229 to work with private land managers to resolve determine whether or not the condemnor prevails. Montana has a Share the Road license plate program with the proceeds going to Bike Walk Montana that helps to advocate for cyclists and pedestrians. Alex Esquire : Basically, the private road owner is legally liable to maintain the road and this speed bump and if there is any type of damage or injury that results from this speed bump, the owner can be held liable. Latest Version of HB 28 (HB0028.01)Processed for the Web on December 3, 1998 (11:14AM). A municipality has no right to use or regulate an easement or private road, absent the consent of the landowners or imposition of a statute. See the status of this bill for the bill's primary sponsor. landlocked owner offers to pay; and, WHEREAS, the Montana Supreme Court has limited rights of private condemnation of access roads to cases in which NEW SECTION. canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying mines, mills, and smelters for the reduction there has been historical access across other private property, and their property is not marketable as a result; and, WHEREAS, many of these owners have not established prescriptive rights to access because, as the Montana Supreme ATTORNEY GENERAL'S GUIDELINES . ", WHEREAS, many owners of landlocked property in the State of Montana lack legal access to that property although State lands are accessible for recreational use. ... who argues that the current language allows too much inconsistency in how it is enforced and affects hunting from private roads and BLM two-tracks. the. open the road or, if the road is opened, the court awards damages in an amount in excess of the amount tendered in university; (13) temporary logging roads and banking grounds for the transportation of logs and timber products to public streams, of this act]. (c)  reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that (2) Before a condemnor may commence a condemnation action under this section, the condemnor shall, in writing, A private road is often established because an individual needs to gain access to land; such a road can cross another person's property. PROCEEDINGS FOR THE OPENING OF PRIVATE ROADS OVER PRIVATE LANDS; PROVIDING THAT THE HOA LAWS AND REGULATIONS. The Rights of Way Section of the Real Estate Management Bureau oversees the grant of rights of way and easements across State Trust land as well as acquisition of rights of way and easements for State Trust lands.  Rights of way are generally granted for lineal uses that are not appurtenant to a specific property or properties, such as public roads and utility lines.  Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.Â. necessary expenses of litigation, including attorney fees and expert witness fees, whether the road is opened or not (see If the condemnee prevails, the The law State statute provides the basis for what types of rights of way/easements can be granted by the State Board of Land Commissioners.   Generally, the following purposes are allowed: There are various application processes and associated policies and guidelines for rights of way or easements involving State Trust lands.  In all cases a potential applicant needs to work directly with the local DNRC office that manages the county or counties the proposal is in so that the appropriate application form and any required materials, such as surveys, are considered.  By doing so potential applicants will avoid unnecessary costs and delays in processing the proposal request.    Â. Other important statutes include: 61-9-416 Commercial tow truck definition – requirements; 61-9-411 Certain vehicles to carry flares or other warning devices where when the title to said surface vests in others. The amount of all damages, if any, together with the BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. GENERAL LAWS AND DEFINITIONS purposes of agricultural production (see Richter v. Rose, 1998 MT 165, __Mont.___, 962 P.2d 583 (1998)); and, WHEREAS, the owner seeking to establish the road by condemnation is responsible to pay a neighboring landowner's Prescriptive easements – According to the Montana state code, prescriptive easements provide individuals with “a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.”. Private Road Liability Discussion in 'Accidents, Injuries, Negligence' started by Adverse, Feb 2, 2004. Montana Code Annotated 2019 Table of Contents. A private road also provides access to one’s land. first determined by a jury, and such court sitting with or without a jury. INTRODUCTION. 279, 856 P. 2d 525 (1993)); and, WHEREAS, such owners do not have an easement by necessity over a neighbor's land unless there was previously a 27, 588 P.2d 1003 (b) private roads, over private property, that are necessary to provide access to private property and that have been If so, check with the nearest Montana Department of Natural Resources and Conservation office (“DNRC”) to check status. For information on the cost and distribution of this public document, contact FWP Access program at (406) 444-2612. Many timber frame homes are set on plots of land accessed by only a shared private road. 233, 649 P.2d 431 (1982)); and, WHEREAS, pursuant to section 70-30-102, MCA, such owners cannot condemn and pay for a private road unless it Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. of this act] and applies retroactively, within the meaning of 1-2-109, to use of property occurring before [the effective date § 70-23-101, et seq. Electric/Telecommunications Lines operated by a utility company 4. This limits the public’s ability to cross private property without permission. WHEREAS, as a result, current law narrowly limits the availability of legal access over roads to landlocked properties Strict necessity must exist both at the time unity of title is severed by conveyance and at the time of exercise of the easement. place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, mills, or smelters for reduction Vehicle must be equipped with state approved muffler and/or spark arrester; OHV sound emissions can’t exceed 96 db(A) [(61-9-418 (2A), MCA]. Most trails on Forest Service lands have a 50 inch width restriction. (6)  (a) private roads leading from highways to residences or farms; and. For more information, visit the Montana State Parks Off-Highway Vehicle Program page here. 400, 593 P.2d 1036 (1979)); and. This is known as a spite fence, and the Montana Supreme Court says this isn't legal. According to signage, the speed limit is 10 km/h and honking is strictly forbidden. Strict Necessity – Montana courts define “strict necessity” as a lack of practical access to a public road for purposes of ingress and egress. Revised January 2011. The law is also subject to change from time to time and legal statutes and regulations vary between states. of ores and farming neighborhoods with water and drainage and reclaiming lands and for floating logs and lumber on State motor vehicle laws specify the roadways on which they apply. 7 Unforgettable Road Trips To Take In Montana Before You Die; 11 Legendary Family-Owned Restaurants In Montana You Have To Try; Bundle Up: These 8 Montana Trails Are Open All Year, And They’re Magnificent; The 67-Mile Scenic Drive In Montana You Will Want To Take As Soon As You Can; Get Away From It All At This Crystal Clear Lake In Montana of state institutions be are excepted; (14) underground reservoirs suitable for storage of natural gas; (15) to mine and extract ores, metals, or minerals owned by the plaintiff located beneath or upon the surface of property common ownership with the neighbor's land and a severance giving rise to the necessity (see Schmid v. McDowell, 199 is equal to or less than the tendered amount, the condemnor shall pay only the amount of damages and not the condemnee's Q: What is the Montana Junk Vehicle Law? historically used for access for a period of time not less than that required to establish title by prescription; (9)  sewerage of any city, county, or town or any subdivision thereof, whether incorporated or unincorporated, or of any Retroactive applicability. As a result, anglers and floaters instead often use bridge crossings to access a river where: A road does not follow the river, or… of streams, removing obstructions therefrom from streambanks, and widening, deepening, or straightening their stream WHEREAS, pursuant to section 70-30-102, MCA, such owners cannot condemn and pay for a private road unless itleads from highways to residences or farms, regardless of the value of the access and regardless of the amount that thelandlocked owner offers to pay; and. Not surprisingly, most private property in Montana is marked with lots of orange paint and “No Trespassing” signs. However, road use is usually restricted on those state lands leased for agricultural purposes. necessary expenses of litigation. PRIVATE ROADS THAT HAVE BEEN HISTORICALLY USED AND THAT ARE NECESSARY FOR ACCESS TO public use demonstrable to the district court as the highest and best use of the land. expenses of the proceeding, shall must be paid by the person to be benefited condemnor. Further, there is a $50 application fee to process the proposal and additional compensation for the use of the State Trust land will be assessed.  Such compensation will be determined after review of the application materials and will not be less than $100.  Compensation is generally a one-time payment over the life or term of the easement, but additional assessments may be imposed at the discretion of the State Board of Land Commissioners. to the condemnor, the offer is considered withdrawn and evidence of the offer will not be admissible at the trial except to Like most states that possess lax gun control sentiments, a registration, license, or permit is not needed in regards to purchasing or possessing firearms. States’ Fence Laws STATE OF MONTANA . FOURTH, is the road a private road or private subdivision road? Only a road, street, or highway which enters directly into the main-traveled way of an interstate or primary highway is regarded as intersecting. Alex Esquire : Not specific standards, but it has to be safe. expertise in the county in which the trial is held.". state; (3)  public buildings and grounds for the use of any county, city or town, or school district; canals, aqueducts, flumes, Yes, all rights of way/easements issued by the State are assignable, however any such assignment must be on the forms provided by the DNRC and must be approved by the Director.  Assignment documents may need to be crafted specific to the purpose and use outlined in the right of way/easement.  Please contact your local DNRC office for more information on the assignment process and whether a standard or special form is needed.Â, Access Road Easement PolicyReciprocal Access and Easement Exchange Policy, Board of Oil & GasConservation and Resource DevelopmentDirector's OfficeForestryReserved Water Rights Compact CommissionTrust Lands ManagementWater Resources, DNRC's Mission Administrative RulesOrganizational StructureBoards and Commissions Website MapÂ, Reciprocal Access and Easement Exchange Policy, Private Access Roads to fee simple title landowners for residential, farm/ranch and timber management purposes, Public Access Roads under the jurisdiction of a City, County, or State, Electric/Telecommunications Lines operated by a utility company, Oil/Gas Pipelines operated by a utility company or industrial corporation, Water/Sewer Lines and Systems operated by an organized district or municipality, Public Parks and Facilities managed and maintained by an authorized entity, Other uses, such as encroachments of buildings and/or other facilities, however penalties for trespass use may be applied. Land grants. The only necessary permit in Montana is for the right to carry a concealed handgun. Welcome to FindLaw's section on the property and real estate laws of Montana, with a wide variety of articles addressing topics of interest to both property owners and tenants in big Sky Country. PUBLIC USES ON BEHALF OF WHICH THE RIGHT OF EMINENT DOMAIN MAY BE EXERCISED INCLUDE MT Gun Laws. chapter 4, part 2, and to abate or control adverse affects of strip or underground mining on those lands.". the owner's land is presently being used as a farm or residence (see Groundwater v. Wright, 180 Mont. prescriptive easement (see Public Lands Access Association, Inc. v. Boone & Crockett Club Foundation, Inc., 259 Mont. necessary access roads to landlocked property when the use of such roads is historical, but not prescriptive, and to provide a condemnor shall also pay the condemnee's necessary expenses of litigation. Prepared by Montana State and Federal Land Management Revised September, 2018 Agencies. computed on the basis of any contingent fee contract. which the trial is held. Reasonable and necessary attorney fees must be computed on an hourly basis and may not be Montana gun laws are some of the most permissible in the country. entering private lands. subsection (2). Montana seeks to clarify "road hunting" law. Feb 16, 2017 #hunting. Section 2. Prepared by Montana Legislative Services(406)444-3064lheiman@mt.gov. channels; roads, streets, and alleys and all other public uses for the benefit of any county, city, or town or the inhabitants A Montana man built a fence from old abandoned cars because he was mad at his neighbor for complaining about the state of his property. Public Access Roads under the jurisdiction of a City, County, or State 3. section less than 60 days after the tender is made. An action may not be commenced under this A street or route that is designated by a public authority to accommodate a person or a group of people. Generally, the following purposes are allowed: 1. Private roads. Section 70-30-107, MCA, is amended to read: "70-30-107. Tow truck businesses in Montana must operate in accordance with the “Montana Professional Tow Truck Act” found in Title 61, Chapter 8, Part 9 of the Montana Code Annotated. Generally, only a limited number of people may use an access easement. Signs declaring "Private Road" are posted every five feet. (1) Private roads may be opened in the manner prescribed by this chapter, but in every case A publication of the Montana Interagency Access Council. 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