Montana Code Annotated 2023

TITLE 76. LAND RESOURCES AND USE

CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 11. Water Conservation and Flood Control Projects

Acquisition Of Property

76-5-1108. Acquisition of property. (1) Cities, towns, and counties may acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, private property within the limits of the project that may be necessary to carry into effect the provisions of this part and to provide an outlet for the watercourses, either natural or artificial. Watercourses may be deepened, widened, straightened, altered, changed, diverted, or otherwise improved under the provisions of this part. Property rights that may be acquired include the right to cross railroad right-of-way and property and highway right-of-way and property so as not to impair the previous public use.

(2) All applicable provisions of Title 70, chapter 30, apply to the condemnation of property under this section.

History: En. Sec. 3, Ch. 272, L. 1965; amd. Sec. 3, Ch. 284, L. 1967; R.C.M. 1947, 89-3303; amd. Sec. 92, Ch. 125, L. 2001.