Montana Code Annotated 2017

TITLE 60. HIGHWAYS AND TRANSPORTATION

CHAPTER 4. ACQUISITION AND DISPOSITION OF PROPERTY

Part 4. Relocation of Utilities

Occupancy And Relocation -- Definitions

60-4-401. Occupancy and relocation -- definitions. For the purposes of this part, unless otherwise indicated, terms are defined as follows:

(1) (a) "Cost of relocation" means the amount paid by the utility for material, labor, and equipment properly attributable to the relocation after deducting any increase in the value of the new facility and any salvage value derived from the old facility.

(b) "Cost of relocation" does not mean engineering costs for designing, locating, staking, inspecting, or any other incidental costs of engineering.

(2) "Facility" means a utility's tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances impacted by a project on a federal-aid system or state highway.

(3) "Federal-aid systems" includes the following, as defined in 60-2-125:

(a) national highway system;

(b) primary highway system;

(c) secondary highway system; and

(d) urban highway system.

(4) "State highway" means that term as defined in 60-2-125.

(5) "Utility" includes publicly, privately, and cooperatively owned utilities, including water and sewer facilities.

History: En. Sec. 4-116, Ch. 197, L. 1965; R.C.M. 1947, 32-2416; amd. Sec. 22, Ch. 23, L. 1979; amd. Sec. 1, Ch. 231, L. 1995; amd. Sec. 1, Ch. 324, L. 1997; amd. Sec. 1, Ch. 203, L. 2017.