1. MCA Contents
  2. TITLE 7
  3. CHAPTER 14
  4. Part 21
  5. 7-14-2107 Acquisition of right-of-way

Montana Code Annotated 2023

TITLE 7. LOCAL GOVERNMENT

CHAPTER 14. TRANSPORTATION

Part 21. General Provisions Related to County Roads

Acquisition Of Right-Of-Way

7-14-2107. Acquisition of right-of-way. (1) A board of county commissioners shall contract, agree for, purchase, or otherwise lawfully acquire right-of-way for county roads over private property. It may institute proceedings under Title 70, chapter 30, and pay for the right-of-way from the county road fund.

(2) A board shall acquire rights-of-way for county roads and discontinue or abandon them only on proper petition pursuant to Title 7, chapter 14, part 26.

(3) By taking or accepting interests in real property for county roads, the public acquires only the right-of-way and the incidents necessary to enjoying and maintaining it.

History: (1)En. Sec. 5-102, Ch. 197, L. 1965; Sec. 32-2802, R.C.M. 1947; (2), (3)En. Sec. 8-201, Ch. 197, L. 1965; Sec. 32-4001, R.C.M. 1947; R.C.M. 1947, 32-2802(part), 32-4001; amd. Sec. 3, Ch. 341, L. 2023.