1. MCA Contents
  2. TITLE 70
  3. CHAPTER 30
  4. Part 3
  5. 70-30-309 Final order of condemnation -- contents -- vesting upon filing

Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 30. EMINENT DOMAIN

Part 3. Hearing, Judgment, and Subsequent Proceedings

Final Order Of Condemnation -- Contents -- Vesting Upon Filing

70-30-309. Final order of condemnation -- contents -- vesting upon filing. (1) When payments have been made and the bond, if appropriate, has been given as required by 70-30-307 and 70-30-308, the court shall make a final order of condemnation. The order must describe the property condemned, the purposes of the condemnation, and any appropriate payment for damages to the property actually taken as well as to any remaining parcel of property that may be adversely affected by the taking.

(2) A copy of the order must be filed in the office of the county clerk and recorder, and upon filing, the property described in the order vests in the condemnor for the purposes specified in the order.

History: En. Sec. 595, p. 195, L. 1877; re-en. Sec. 595, 1st Div. Rev. Stat. 1879; re-en. Sec. 613, 1st Div. Comp. Stat. 1887; re-en. Sec. 2228, C. Civ. Proc. 1895; re-en. Sec. 7348, Rev. C. 1907; re-en. Sec. 9951, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1253; re-en. Sec. 9951, R.C.M. 1935; R.C.M. 1947, 93-9919; amd. Sec. 9, Ch. 622, L. 1983; amd. Sec. 4, Ch. 20, L. 2001; amd. Sec. 74, Ch. 125, L. 2001.