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SENATE BILL NO. 230
INTRODUCED BY D. GRIMES
BY REQUEST OF THE SENATE JUDICIARY STANDING COMMITTEE
AN ACT CLARIFYING THE PLACE OF TRIAL FOR AN ACTION AGAINST A COUNTY; AND AMENDING SECTION 25-2-126, MCA.
WHEREAS, in Wentz v. Montana Power Co., 280 Mont. 14, 928 P.2d 237, 53 St. Rep. 1277 (1996), the Montana Supreme Court held that section 25-2-126(2), MCA, is superseded by section 25-2-126(3), MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-2-126, MCA, is amended to read:
"25-2-126. Against state
, county, and political subdivisions. (1) The proper place of trial for an action against the
state is in the county in which the claim arose or in Lewis and Clark County. In an action brought by a resident of the state,
the county of his the plaintiff's residence is also a proper place of trial. (2) The proper place of trial for an action against a county is that county unless such action is brought by a county, in
which case any county not a party thereto is also a proper place of trial. (3)(2) The proper place of trial for an action against a political subdivision is in the county in which the claim arose or in
any county where the political subdivision is located."
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Latest Version of SB 230 (SB0230.ENR)
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