AN ACT CLARIFYING THAT LAND SURVEYING, WITH OR WITHOUT OTHER IMPROVEMENTS TO REAL PROPERTY, IS SUBJECT TO THE LIMITATIONS ON ACTIONS; DEFINING "LAND SURVEYING"; AND AMENDING SECTION 27-2-208, MCA.

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

Section 1. Section 27-2-208, MCA, is amended to read:

"27-2-208. Actions for damages arising out of work on improvements to real property or land surveying. (1) Except as provided in subsections (2) and (3), an action to recover damages (other than an action upon any contract, obligation, or liability founded upon an instrument in writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property or resulting from or arising out of land surveying of real property may not be commenced more than 10 years after completion of the improvement or land surveying.

(2) Notwithstanding the provisions of subsection (1), an action for damages for an injury that occurred during the 10th year after the completion of the improvement or land surveying may be commenced within 1 year after the occurrence of the injury.

(3) The limitation prescribed by this section may not affect the responsibility of any owner, tenant, or person in actual possession and control of the improvement or real property that is surveyed at the time a right of action arises.

(4) As used in this section:

(a) "completion" means that degree of completion at which the owner can utilize the improvement for the purpose for which it was intended or when a completion certificate is executed, whichever is earlier;

(b) "land surveying" means the practice of land surveying, as defined in 37-67-101.

(5) This section may not be construed as extending the period prescribed by the laws of this state for the bringing of any action."

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I hereby certify that the within bill,

HB 0214, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 214

INTRODUCED BY D. MCGEE

AN ACT CLARIFYING THAT LAND SURVEYING, WITH OR WITHOUT OTHER IMPROVEMENTS TO REAL PROPERTY, IS SUBJECT TO THE LIMITATIONS ON ACTIONS; DEFINING "LAND SURVEYING"; AND AMENDING SECTION 27-2-208, MCA.