Montana Code Annotated 2001

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     69-4-505. Liability for damages to underground facilities. (1) If any underground facility is damaged by any person who has failed to obtain information as to its location as provided in 69-4-503, then such person shall be liable to the owner of the underground facility for the entire cost of the repair of such facility.
     (2) If information requested pursuant to 69-4-503 is not provided within the time specified therein, any person damaging or injuring underground facilities shall not be liable for such damage or injury, unless caused by his negligence.
     (3) The act of obtaining information as required by this part shall not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such person from liability for any damage or injury resulting from his negligence.

     History: (1)En. Sec. 4, Ch. 180, L. 1971; Sec. 32-4804, R.C.M. 1947; (2)En. Sec. 5, Ch. 180, L. 1971; Sec. 32-4805, R.C.M. 1947; (3)En. Sec. 6, Ch. 180, L. 1971; Sec. 32-4806, R.C.M. 1947; R.C.M. 1947, 32-4804, 32-4805, 32-4806.

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