Montana Code Annotated 2023



Part 16. Railway Authorities

Railroad Acquisition And Operation -- Permits -- Eminent Domain

7-14-1625. Railroad acquisition and operation -- permits -- eminent domain. (1) Within the boundaries of the authority, the authority may establish, acquire, construct, purchase, improve, maintain, equip, operate, regulate, and protect railroads and railroad facilities, including but not limited to terminal buildings, roadways, crossings, bridges, causeways, tunnels, equipment, and rolling stock, that may be necessary to carry out the provisions of this part.

(2) The authority may apply to a public agency for permits and approvals required for the acquisition and operation of a railroad and take all actions necessary to comply with conditions required in a permit or approval.

(3) The authority may acquire property for a public use, as provided in Title 70, chapter 30, in the same manner as a county, except that the authority does not have the power of eminent domain with respect to property owned by another authority or by a political subdivision or property owned by a railroad corporation unless the interstate commerce commission or another entity with the power to make the finding has found that the public convenience and necessity permit discontinuance of rail service on the property.

History: En. Sec. 10, Ch. 333, L. 1993; amd. Sec. 9, Ch. 125, L. 2001.