Montana Code Annotated 2021



Part 1. General Provisions

Court Actions

77-1-111. Court actions. (1) All actions for the recovery of money due under this title or for the cancellation of leases or for the cancellation of certificates of purchase or patents or for the recovery of state lands, actions of forcible entry and detainer, actions for ejectment, and all other actions affecting any state lands are controlled, as to venue, by the provisions of the rules of civil procedure relating to the place of trial of civil actions and must be conducted by the attorney general.

(2) When requested by the attorney general, the county attorney of each county in the state shall represent the state in all foreclosure proceedings, collections of delinquent rentals, actions for trespass on state lands, and in all other state land matters that may arise in the county attorney's county. The county attorney is not entitled to charge the state any compensation for services beyond the county attorney's regular salary.

(3) The use of a ford or crossing on a navigable river or stream may not be considered a trespass.

History: (1)En. Sec. 100, Ch. 147, L. 1909; re-en. Sec. 1921, R.C.M. 1921; re-en. Sec. 1921, R.C.M. 1935; Sec. 79-1503, R.C.M. 1947; (2)En. Sec. 112, Ch. 60, L. 1927; re-en. Sec. 1805.112, R.C.M. 1935; Sec. 81-1015, R.C.M. 1947; R.C.M. 1947, 79-1503, 81-1015; amd. Sec. 2536, Ch. 56, L. 2009; amd. Sec. 6, Ch. 472, L. 2009.