HOUSE BILL NO. 421
INTRODUCED BY J. SHOCKLEY
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT PROPERTY ACQUIRED BY CONDEMNATION MAY NOT BE USED BY THE CONDEMNOR FOR ANY PURPOSE THAT IS NOT SPECIFIED IN THE CONDEMNATION ORDER; STATING THAT AN EVOLVED TECHNOLOGY IS NOT CONSIDERED A NEW OR DIFFERENT USE; AMENDING SECTION 70-30-309, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-30-309, MCA, is amended to read:
"70-30-309. Final order of condemnation -- contents -- limitation on use -- vesting upon filing. (1) When
payments have been made and the bond, if appropriate, has been given, if the plaintiff elects to give one, as required by
70-30-307 and 70-30-308, the court must shall make a final order of condemnation,. which The order must describe the
property condemned and the purposes of such the condemnation. Unless the condemned property IS TAKEN IN FEE
SIMPLE TITLE OR is subject to 70-30-111(3) or [section 2], the property condemned may not be used BY THE
CONDEMNOR for any purpose that is not specified in the condemnation order.
(2) A copy of the order must be filed in the office of the county clerk and recorder, and thereupon upon filing, the
property described therein shall vest in the order vests in the plaintiff condemnor for the purposes therein specified in the
order."
NEW SECTION. Section 2. Evolved technology. The law recognizes that technology evolves over time. Therefore, within the meaning of this chapter, a use that has evolved from an older technology and that accomplishes the same or a similar purpose as the original technology is not considered a new or different use.
NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 70, chapter 30, part 1, and the provisions of Title 70, chapter 30, part 1, apply to [section 2].
NEW SECTION. Section 4. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 5. Applicability. [This act] applies to condemnation orders issued after [the effective date of this act].
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Latest Version of HB 421 (HB0421.02)
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