2001 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 93

INTRODUCED BY K. GILLAN, B. MCCARTHY, B. TASH, C. YOUNKIN, J. TESTER, M. LINDEEN,

P. CLARK

Montana State Seal

AN ACT ALLOWING THE CONDEMNEE AND CONDEMNOR IN A CONDEMNATION ACTION THE OPPORTUNITY TO PROVIDE A STATEMENT OF APPROPRIATE DAMAGE REDUCTION MEASURES; REQUIRING THAT THE CONDEMNATION COMMISSIONERS DETERMINE THE APPROPRIATE PAYMENT FOR DAMAGES AFTER EXAMINING THE PROPERTY; ALLOWING FOR THE INCLUSION OF APPROPRIATE PAYMENT FOR DAMAGES IN THE FINAL CONDEMNATION ORDER; AND AMENDING SECTIONS 70-30-110, 70-30-203, 70-30-301, AND 70-30-309, MCA.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 70-30-110, MCA, is amended to read:

     "70-30-110.  Survey and location of property to be taken -- greatest public good -- least private injury. (1) In all cases where in which land is required for public use, the state or its agents in charge of such the public use may survey and locate the same, land to be used. but it The use must be located in the manner which that will be most compatible with the greatest public good and the least private injury, and the location is subject to the provisions of 70-30-206. The state or its agents in charge of such the public use may, after giving 30 days' written notice to the owners and persons in possession of the land, enter upon the land and make examination, surveys, and maps thereof, of the land. and such The entry shall does not constitute no a cause of action in favor of the owners of the land except from injuries resulting from negligence, wantonness, or malice intentional acts. Upon written request of the state or its agents, the owner shall provide the names and addresses of all persons who are in possession of his the owner's land within 14 days from receipt of the written notice. The state or its agents shall within 14 days from receipt of such that information furnish written notice to such the listed persons.

     (2) Prior to or at the time of rejection of the final written offer as referred to in 70-30-111(4), the condemnee may provide to the condemnor the condemnee's claim of appropriate measures that the condemnee considers necessary to minimize damages to the property directly affected by the project as well as to minimize damages incurred to the remaining parcel of property."



     Section 2.  Section 70-30-203, MCA, is amended to read:

     "70-30-203.  Contents of complaint. (1) The complaint for condemnation must allege contain:

     (1)(a)  the name of the corporation, association, commission, or person in charge of the public use for which the property is sought to be taken, who must be styled is the plaintiff;

     (2)(b)  the names of all owners, purchasers under contracts for deed, mortgagees, and lienholders of record and any other claimants of the property of record of the property sought to be taken, if known, or a statement that they are unknown, who must be styled are the defendants;

     (3)(c)  a statement of the right of the plaintiff to take the property for public use;

     (4)(d)  statements of each of the facts necessary to be found in 70-30-111;

     (e)  a description of each interest in real property sought to be taken, a statement of whether the property sought to be taken includes the whole or only a part of the entire parcel or tract, and a statement that the interest sought is the minimum necessary interest. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.

     (f) a statement of the condemnor's claim of appropriate payment for damages to the property proposed to be taken as well as to any remaining parcel of property.

     (5)(2)  if If a right-of-way is sought, in addition to the items listed in subsection (1), the complaint must show the location, general route, and termini and must be accompanied with a map thereof of the route, so far as the same route is involved in the action or proceeding;.

     (6)  a description of each interest in real property sought to be taken and whether the same includes the whole or only a part of the entire parcel or tract and a statement that the interest sought is the minimum necessary interest. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.

     (7)(3) (a) if If a sand, stratum, or formation suitable for use as an underground natural gas storage reservoir is sought to be appropriated taken, in addition to the items listed in subsection (1), the complaint must include a description thereof of the reservoir and of the land in which it the reservoir is alleged to be contained and a description of all other property and rights sought to be appropriated taken for use in connection with the appropriation of the right to store natural gas in and withdraw natural gas from such the reservoir.

     (b) In addition, the complaint shall must state facts showing that:

     (i) the underground reservoir is one subject to appropriation being taken by the plaintiff;

     (ii) also stating that the underground storage of natural gas in the land sought to be appropriated taken is in the public interest;

     (iii) that the underground reservoir is suitable and practicable for natural gas storage;

     (iv) that the plaintiff in good faith has been unable to acquire the rights sought to be appropriated hereunder taken; and

     (v) a statement that the rights and property sought to be appropriated taken are not prohibited by law; from being taken.

     (c) and in addition, the The complaint must be accompanied by a certificate from the board of oil and gas conservation as set forth provided in 82-10-304."



     Section 3.  Section 70-30-301, MCA, is amended to read:

     "70-30-301.  Hearing -- judge to preside -- determinations by condemnation commissioners. (1) Immediately upon nomination and appointment of commissioners under 70-30-207, the same shall proceed to The condemnation commissioners shall meet at the time and place stated in the order appointing them,. which The meeting time shall may not be more than 10 days after the order of appointing appointment,. and proceed to The commissioners shall examine the lands sought to be appropriated taken. At a time appointed by the judge and within said the 10-day period, they the commissioners shall hear the allegations and evidence of all persons interested in each of the several parcels parcel of land.

     (2)  Such The hearing shall must be attended by and presided over by the presiding judge, who shall make all necessary rulings upon procedure and the admissibility of evidence.

     (3) (a) At the conclusion of the aforesaid hearing, the court or judge shall instruct the commissioners as to the law applicable to their deliberations and shall instruct them that their duty is to determine, based solely upon the basis of said their examination of lands, the evidence produced at the hearing or hearings, and the instructions of the court, the following: appropriate findings provided for in subsections (3)(b) through (3)(d).

     (a)(b)  The commissioners shall determine the current fair market value of the real property sought to be appropriated taken and all improvements thereon pertaining to the realty real property and of each and every separate estate and interest therein in the real property and improvements. If it the real property consists of different parcels, the current fair market value of each parcel and each estate or interest therein in the real property must be separately assessed.

     (b)(c) (i) if If the property sought to be appropriated taken constitutes only a part of a larger parcel, the commissioners shall determine the depreciation in current fair market value which that will accrue to the portion not sought to be condemned remaining parcel by reason of its severance from the portion sought to be condemned the condemnation and the construction of the improvements in the manner proposed by the plaintiff; condemnor.

     (c)(ii) separately, The commissioners shall also determine how much the portion not sought to be condemned remaining parcel and each estate or interest therein in the remaining parcel will be benefited, if at all, by the construction of the improvements proposed by the plaintiff; condemnor. and if If the benefit shall be is equal to the amount assessed under subsection (3)(b) (3)(c)(i), the owner of the parcel shall be allowed no compensation except compensation to the condemnee is limited to the value of the portion taken;. but However, if the benefits shall be benefit is less than the amount assessed under subsection (3)(b) (3)(c)(i), the former shall benefit to the condemnee must be deducted from the latter, amount assessed under subsection (3)(c)(i) and the remainder shall be is the only amount allowed in addition to the current fair market value;.

     (d)  if If the property sought to be condemned be taken is for a railroad, the commissioners shall also determine the cost of good and sufficient fences along the line of such the railroad and the cost of cattle guards where fences may cross the line of such the railroad.

     (e) Through examination of the property, the commissioners shall determine the appropriate payment for damages to the property taken, as well as to any remaining parcel of property that may be adversely impacted by the project, to assist the court in making a final determination pursuant to 70-30-309.

     (4)  Where When there are two or more estates or divided interests in property sought to be condemned taken, the plaintiff condemnor is entitled to have the amount of the award for said the property first determined, as hereinbefore stated, as between plaintiff the condemnor and all defendants condemnees claiming any interests therein interest in the property. Thereafter in In the same proceeding, the respective rights of each of such defendants the condemnees in and to the total award shall must be determined by the commissioners, under supervision and instruction of the court, and the award must be apportioned accordingly."



     Section 4.  Section 70-30-309, MCA, is amended to read:

     "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, 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., 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 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."

- END -




Latest Version of HB 93 (HB0093.ENR)
Processed for the Web on February 9, 2001 (7:48AM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2001 Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064