Montana Code Annotated 2009

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     60-4-214. Definitions. As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply:
     (1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission.
     (2) "Abandonment" means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim or use the right-of-way again.
     (3) "Contiguous property" means subdivided parcels along one side of the length of the remainder.
     (4) "Remainder" means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.
     (5) "Subject property" means that portion of highway right-of-way for which abandonment is sought.

     History: En. Sec. 2, Ch. 226, L. 2005.

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