1. MCA Contents
  2. TITLE 70
  3. CHAPTER 19
  4. Part 3
  5. 70-19-302 Statute of limitations for state actions concerning real property

Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 19. REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 3. Provisions and Limitations Relating to the State of Montana

Statute Of Limitations For State Actions Concerning Real Property

70-19-302. Statute of limitations for state actions concerning real property. The state will not sue any person for or in respect to any real property or the issues or profits thereof by reason of the right or title of the state to the same unless:

(1) such right or title shall have accrued within 10 years before any action or other proceeding for the same is commenced; or

(2) the state or those from whom it claims shall have received the rents and profits of such real property or of some part thereof within the space of 10 years.

History: En. Sec. 480, C. Civ. Proc. 1895; re-en. Sec. 6429, Rev. C. 1907; re-en. Sec. 9012, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 315; re-en. Sec. 9012, R.C.M. 1935; R.C.M. 1947, 93-2501.