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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.
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),
no 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 done in connection with any improvement to of real property shall may not be commenced
more than 10 years after completion of such the improvement or land surveying.
(2) Notwithstanding the provisions of subsection (1), an action for
such damages for an injury which that occurred
during the 10th year after such the completion of the improvement or land surveying may be commenced within 1 year after
the occurrence of such the injury.
(3) The limitation prescribed by this section
shall 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
, the term:
(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.
Nothing in this This section shall 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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Latest Version of HB 214 (HB0214.ENR)
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