Public Access Roads under the jurisdiction of a City, County, or State 3. 233, 649 P.2d 431 (1982)); and, WHEREAS, pursuant to section 70-30-102, MCA, such owners cannot condemn and pay for a private road unless it The Rights of Way Section of the Real Estate Management Bureau oversees the grant of rights of way and easements across State Trust land as well as acquisition of rights of way and easements for State Trust lands.  Rights of way are generally granted for lineal uses that are not appurtenant to a specific property or properties, such as public roads and utility lines.  Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.Â. PRIVATE ROADS THAT HAVE BEEN HISTORICALLY USED AND THAT ARE NECESSARY FOR ACCESS TO Latest Version of HB 28 (HB0028.01)Processed for the Web on December 3, 1998 (11:14AM). lakes, mills, railroads, or highways for such a time as that the court or judge may determine; provided however, the grounds Yes, all rights of way/easements issued by the State are assignable, however any such assignment must be on the forms provided by the DNRC and must be approved by the Director.  Assignment documents may need to be crafted specific to the purpose and use outlined in the right of way/easement.  Please contact your local DNRC office for more information on the assignment process and whether a standard or special form is needed.Â, Access Road Easement PolicyReciprocal Access and Easement Exchange Policy, Board of Oil & GasConservation and Resource DevelopmentDirector's OfficeForestryReserved Water Rights Compact CommissionTrust Lands ManagementWater Resources, DNRC's Mission Administrative RulesOrganizational StructureBoards and Commissions Website MapÂ, Reciprocal Access and Easement Exchange Policy, Private Access Roads to fee simple title landowners for residential, farm/ranch and timber management purposes, Public Access Roads under the jurisdiction of a City, County, or State, Electric/Telecommunications Lines operated by a utility company, Oil/Gas Pipelines operated by a utility company or industrial corporation, Water/Sewer Lines and Systems operated by an organized district or municipality, Public Parks and Facilities managed and maintained by an authorized entity, Other uses, such as encroachments of buildings and/or other facilities, however penalties for trespass use may be applied. Montana Code Annotated 2019 Table of Contents. Prepared by Montana Legislative Services(406)444-3064lheiman@mt.gov. ... At county road bridges for which public access is authorized pursuant to 23-2-312, each ... pursuant to the department's policy in 87-1-229 to work with private land managers to resolve expertise in the county in which the trial is held.". If the condemnee fails to timely accept the offer and grant the easement condemnee's property and the amount of all damages to be sustained by the opening of the road, as determined by the court, Callant v. Federal Land Bank of Spokane, 181 Mont. canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying mines, mills, and smelters for the reduction computed on the basis of any contingent fee contract. (a) "necessary expenses of litigation" means reasonable and necessary attorney fees, expert witness fees, exhibit costs, According to signage, the speed limit is 10 km/h and honking is strictly forbidden. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. The amount of all damages, if any, together with the On-Road On Public Land State lands are accessible for recreational use. Thread Status: Not open for further replies. 400, 593 P.2d 1036 (1979)); and. Section 70-30-102, MCA, is amended to read: "70-30-102. chapter 4, part 2, and to abate or control adverse affects of strip or underground mining on those lands.". Feb 16, 2017 #hunting. WHEREAS, pursuant to section 70-30-102, MCA, such owners cannot condemn and pay for a private road unless itleads from highways to residences or farms, regardless of the value of the access and regardless of the amount that thelandlocked owner offers to pay; and. section less than 60 days after the tender is made. construction of a frontage road on the properties which connects to the highway at an appropriate location(s), or through a joint use approach. THEREFORE, the Legislature of the State of Montana finds it appropriate to provide for private condemnation of condemnor shall also pay the condemnee's necessary expenses of litigation. Code Ann. The necessity of the road and the amount of all damage to be sustained by the opening thereof shall of the road must be historically used for access for a period of time not less than that required to establish title by prescription; (9)  sewerage of any city, county, or town or any subdivision thereof, whether incorporated or unincorporated, or of any ... who argues that the current language allows too much inconsistency in how it is enforced and affects hunting from private roads and BLM two-tracks. Strict Necessity – Montana courts define “strict necessity” as a lack of practical access to a public road for purposes of ingress and egress. New language in a bill appears underlined, deleted material appears stricken. A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS RELATING TO PRIVATE CONDEMNATION Section 3. university; (13) temporary logging roads and banking grounds for the transportation of logs and timber products to public streams, Property being subdivided should include internal and/or :The Act governs the formation, management, powers, and operation … determine whether or not the condemnor prevails. Further, there is a $50 application fee to process the proposal and additional compensation for the use of the State Trust land will be assessed.  Such compensation will be determined after review of the application materials and will not be less than $100.  Compensation is generally a one-time payment over the life or term of the easement, but additional assessments may be imposed at the discretion of the State Board of Land Commissioners. Like most states that possess lax gun control sentiments, a registration, license, or permit is not needed in regards to purchasing or possessing firearms. tender to the condemnee an amount equal to or greater than the current fair market value of the easement, as determined by For information on the cost and distribution of this public document, contact FWP Access program at (406) 444-2612. coal) is not a public use, and eminent domain may not be exercised for this purpose; (16) to restore and reclaim lands strip- or underground-mined for coal and not reclaimed in accordance with Title 82, to the condemnor, the offer is considered withdrawn and evidence of the offer will not be admissible at the trial except to open the road or, if the road is opened, the court awards damages in an amount in excess of the amount tendered in Updated on September 15, 2020. Appendix M - Sample Road Petition; Appendix N - Montana Code Annotated Laws; Appendix O - County Configuration (1865 – Present) Appendix P - Condemnation Plans & Exhibit Samples; Volume III - Utilities Manual; Chapter 40 - Utilities Operations; Chapter 41 - Utility Agreement Preparation; Chapter 42 - Obtaining a Utility Estimate (6)  (a) private roads leading from highways to residences or farms; and. Private Road Liability Discussion in 'Accidents, Injuries, Negligence' started by Adverse, Feb 2, 2004. Prescriptive easements – According to the Montana state code, prescriptive easements provide individuals with “a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.”. Private Access Roads to fee simple title landowners for residential, farm/ranch and timber management purposes 2. (c)  reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that (3) For purposes of this section, a condemnee is considered to prevail if the condemnor fails to establish the right to thereof, which may be authorized by the legislature; but however, the mode method of apportioning and collecting the costs 279, 856 P. 2d 525 (1993)); and, WHEREAS, such owners do not have an easement by necessity over a neighbor's land unless there was previously a of ores and farming neighborhoods with water and drainage and reclaiming lands and for floating logs and lumber on NEW SECTION. If the condemnor succeeds in opening a private road over the A street or route that is designated by a public authority to accommodate a person or a group of people. Montana has some of the most permissive gun laws in the United States. leads from highways to residences or farms, regardless of the value of the access and regardless of the amount that the Retroactive applicability. necessary expenses of litigation. However, the use of the surface for strip mining or open-pit mining of ores; also outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines, mills, and Your cooperation is greatly appreciated. Many timber frame homes are set on plots of land accessed by only a shared private road. prescriptive easement (see Public Lands Access Association, Inc. v. Boone & Crockett Club Foundation, Inc., 259 Mont. smelters for the reduction of ores; also an occupancy in common by the owners or the possessors of different mines of any coal (i.e., any mining method or process in which the strata or overburden is removed or displaced in order to extract the Prepared by Montana State and Federal Land Management Revised September, 2018 Agencies. Other important statutes include: 61-9-416 Commercial tow truck definition – requirements; 61-9-411 Certain vehicles to carry flares or other warning devices RETROACTIVE APPLICABILITY DATE. Here we help you navigate through the many possible pitfalls of private road ownership, including road construction, private road maintenance agreements, landowner costs, private road laws, and accessibility. Montana seeks to clarify "road hunting" law. Generally, the following purposes are allowed: 1. If the condemnee prevails, the This limits the public’s ability to cross private property without permission. Montana Motor Vehicle Code If you are looking for specific information about Montana Department of Justice procedures, driver's licensing rules, vehicle regulations, or traffic laws, the Montana motor vehicle statutes can be a good place to turn. necessary expenses of litigation, including attorney fees and expert witness fees, whether the road is opened or not (see first determined by a jury, and such court sitting with or without a jury. The law is also subject to change from time to time and legal statutes and regulations vary between states. State statute provides the basis for what types of rights of way/easements can be granted by the State Board of Land Commissioners. the. Montana has a Share the Road license plate program with the proceeds going to Bike Walk Montana that helps to advocate for cyclists and pedestrians. there has been historical access across other private property, and their property is not marketable as a result; and, WHEREAS, many of these owners have not established prescriptive rights to access because, as the Montana Supreme (1) Private roads may be opened in the manner prescribed by this chapter, but in every case of this act]. State motor vehicle laws specify the roadways on which they apply. of ores and sites for reservoirs necessary for collecting and storing water. For more information, visit the Montana State Parks Off-Highway Vehicle Program page here. expenses of the proceeding, shall must be paid by the person to be benefited condemnor. ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any county, city, or town; raising the banks place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, mills, or smelters for reduction Montana gun laws are some of the most permissible in the country. and court costs; (b)  "reasonable and necessary attorney fees" are the customary hourly rates for an attorney's services in the county in Section 70-30-107, MCA, is amended to read: "70-30-107. Yes, the DNRC actively pursues opportunities to acquire access to State Trust lands.   The Right of Way Section has a dedicated State-Wide Access Acquisition Specialist specifically for this purpose.   The DNRC seeks reciprocal opportunities with private landowners and our industrial cooperators to secure access to each party’s respective lands.  Additionally, the DNRC has entered into a cost share agreement with the United States Forest Service that allows each party to reciprocate access and share in the cost of maintenance for use of roads within our intermingled ownership.  For more information on the access acquisition program, please contact the DNRC’s representative at 406-751-2256. exercised in behalf of the following public uses: (1)  all public uses authorized by the government of the United States; (2)  public buildings and grounds for the use of the state and all other public uses authorized by the legislature of the ", WHEREAS, many owners of landlocked property in the State of Montana lack legal access to that property although It is a "shall issue" state for concealed carry. Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. In this case, all of the owners of the road will hold a collective responsibility to maintain and repair the private road; in many cases these landowners will also transfer responsibility to a duly formed homeowner’s association. For example, Connecticut makes reckless driving illegal on certain types of roads, including private roads with speed limit signs that have been put up following approval from the Office of the State Traffic Administration and at the expense of the owner of the road. The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. Only a road, street, or highway which enters directly into the main-traveled way of an interstate or primary highway is regarded as intersecting. streams not navigable and sites for reservoirs necessary for collecting and storing water. Montana Doesn't Allow Spite Fences. An action may not be commenced under this An alley, undeveloped right-of-way other than an interstate or primary highway, a private road, or a driveway are not regarded as an intersecting street, road… Private roads. entering private lands. Tow truck businesses in Montana must operate in accordance with the “Montana Professional Tow Truck Act” found in Title 61, Chapter 8, Part 9 of the Montana Code Annotated. § 70-23-101, et seq. A private road is often established because an individual needs to gain access to land; such a road can cross another person's property. However, such reservoir sites must possess a PUBLIC USES ON BEHALF OF WHICH THE RIGHT OF EMINENT DOMAIN MAY BE EXERCISED INCLUDE is equal to or less than the tendered amount, the condemnor shall pay only the amount of damages and not the condemnee's procedure that encourages payment of fair market value for access without resort to litigation. The library is located in the Joseph P. Mazurek Justice Building at 215 N. Sanders in Helena, Montana. (1979)), and the Montana Supreme Court has further limited condemnation rights by defining "farm" as land cultivated for PROCEEDINGS FOR THE OPENING OF PRIVATE ROADS OVER PRIVATE LANDS; PROVIDING THAT THE 7 Unforgettable Road Trips To Take In Montana Before You Die; 11 Legendary Family-Owned Restaurants In Montana You Have To Try; Bundle Up: These 8 Montana Trails Are Open All Year, And They’re Magnificent; The 67-Mile Scenic Drive In Montana You Will Want To Take As Soon As You Can; Get Away From It All At This Crystal Clear Lake In Montana of such the improvements shall must be such as the method that may be provided in the statutes or ordinances by which the subsection (2). necessary access roads to landlocked property when the use of such roads is historical, but not prescriptive, and to provide a GENERAL LAWS AND DEFINITIONS Mont. If so, check with the nearest Montana Department of Natural Resources and Conservation office (“DNRC”) to check status. However, such reservoir sites must WHEREAS, as a result, current law narrowly limits the availability of legal access over roads to landlocked properties Montana Department of Justice . which the trial is held. Revised January 2011. MT Gun Laws. Alex Esquire : Basically, the private road owner is legally liable to maintain the road and this speed bump and if there is any type of damage or injury that results from this speed bump, the owner can be held liable. even when there is a history of use of the road and assesses all litigation expenses to owners who are willing to pay fair However, road use is usually restricted on those state lands leased for agricultural purposes. purposes of agricultural production (see Richter v. Rose, 1998 MT 165, __Mont.___, 962 P.2d 583 (1998)); and, WHEREAS, the owner seeking to establish the road by condemnation is responsible to pay a neighboring landowner's Public uses enumerated. 27, 588 P.2d 1003 Depending on how the lots are laid out around the private way and described in the deed, such ownership may or may not include the entire width of the road. States’ Fence Laws STATE OF MONTANA . of state institutions be are excepted; (14) underground reservoirs suitable for storage of natural gas; (15) to mine and extract ores, metals, or minerals owned by the plaintiff located beneath or upon the surface of property However, it’s also very important to understand the bike laws in Montana so that the state can keep its distinction of being the safest state for cyclists. ATTORNEY GENERAL'S GUIDELINES . Land grants. The mission of the State Law Library of Montana is to provide legal information and resources, to enhance knowledge of the law and court system, and to facilitate equal access to justice, statewide. where when the title to said surface vests in others. Generally, only a limited number of people may use an access easement. Not surprisingly, most private property in Montana is marked with lots of orange paint and “No Trespassing” signs. Strict necessity must exist both at the time unity of title is severed by conveyance and at the time of exercise of the easement. market value for necessary access regardless of who prevails in the litigation. (5)  roads, tunnels, ditches, flumes, pipes, and dumping places for working mines, mills, or smelters for the reduction of the owner's land is presently being used as a farm or residence (see Groundwater v. Wright, 180 Mont. possess a public use demonstrable to the district court as the highest and best use of the land. Subject to the provisions of this chapter, the right of eminent domain may be Electric/Telecommunications Lines operated by a utility company 4. Private Roads. Montana Law Review Volume 77 Issue 1Winter 2016 Article 8 2-1-2016 New Prescriptive Easement Law: The Montana Supreme Court Expands Public Access to Private Land in Public Lands Access Ass'n v. Board of County Commissioners of Madison County Elijah L. Inabnit Follow this and additional works at:https://scholarship.law.umt.edu/mlr Control of animals running at large. In the event such a system is approved, an approach permit shall be issued to all property owners. Similarly, only a limited number of people may use a private road. Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Montana.. Montana Unit Ownership Act (Condominiums), Mont. INTRODUCTION. Q: What is the Montana Junk Vehicle Law? A Montana man built a fence from old abandoned cars because he was mad at his neighbor for complaining about the state of his property. Welcome to FindLaw's section on the property and real estate laws of Montana, with a wide variety of articles addressing topics of interest to both property owners and tenants in big Sky Country. The law HOA LAWS AND REGULATIONS. same improvements may be authorized; (4)  wharves, docks, piers, chutes, booms, ferries, bridges, of all kinds, private roads, plank and turnpike roads, railroads, A municipality has no right to use or regulate an easement or private road, absent the consent of the landowners or imposition of a statute. (b) private roads, over private property, that are necessary to provide access to private property and that have been (2) Before a condemnor may commence a condemnation action under this section, the condemnor shall, in writing, Alex Esquire : Not specific standards, but it has to be safe. Section 2. 3 § 7-23-4101. settlement consisting of not less than 10 families or of any public buildings belonging to the state or to any college or common ownership with the neighbor's land and a severance giving rise to the necessity (see Schmid v. McDowell, 199 Court has held, the use of a neighbor's land based on mere neighborly accommodation or courtesy cannot ripen into a channels; roads, streets, and alleys and all other public uses for the benefit of any county, city, or town or the inhabitants State statute provides the basis for what types of rights of way/easements can be granted by the State Board of Land Commissioners.   Generally, the following purposes are allowed: There are various application processes and associated policies and guidelines for rights of way or easements involving State Trust lands.  In all cases a potential applicant needs to work directly with the local DNRC office that manages the county or counties the proposal is in so that the appropriate application form and any required materials, such as surveys, are considered.  By doing so potential applicants will avoid unnecessary costs and delays in processing the proposal request.    Â. A private road also provides access to one’s land. This is known as a spite fence, and the Montana Supreme Court says this isn't legal. The 54th Legislature enacted the Private Property Assessment Act, Chapter 462, Laws of Montana (1995), which is in Title 2, Chapter 10, Part 1 of the Montana Code Annotated. Current language allows for too much discrepancy in enforcement. a certified real estate appraiser, as an offer of payment for the easement. of streams, removing obstructions therefrom from streambanks, and widening, deepening, or straightening their stream The only necessary permit in Montana is for the right to carry a concealed handgun. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. FOURTH, is the road a private road or private subdivision road? Reasonable and necessary attorney fees must be computed on an hourly basis and may not be See the status of this bill for the bill's primary sponsor. Water/S… Signs declaring "Private Road" are posted every five feet. THE CONSTITUTION OF THE STATE OF MONTANA; TITLE 1. Vehicle must be equipped with state approved muffler and/or spark arrester; OHV sound emissions can’t exceed 96 db(A) [(61-9-418 (2A), MCA]. of this act] and applies retroactively, within the meaning of 1-2-109, to use of property occurring before [the effective date [This act] applies to actions filed on or after [the effective date A publication of the Montana Interagency Access Council. A: In 1973 the Montana Motor Vehicle Recycling and Disposal Act was enacted for the establishment, control, operation, and licensing of public and private motor vehicle wrecking facilities. Most trails on Forest Service lands have a 50 inch width restriction. PRIVATE PROPERTY; AMENDING SECTIONS 70-30-102 AND 70-30-107, MCA; AND PROVIDING A Oil/Gas Pipelines operated by a utility company or industrial corporation 5. state; (3)  public buildings and grounds for the use of any county, city or town, or school district; canals, aqueducts, flumes, As a result, anglers and floaters instead often use bridge crossings to access a river where: A road does not follow the river, or… public use demonstrable to the district court as the highest and best use of the land. landlocked owner offers to pay; and, WHEREAS, the Montana Supreme Court has limited rights of private condemnation of access roads to cases in which With the nearest Montana Department of Natural Resources and Conservation office ( “DNRC” ) to check status from to. Of a City, County, or state 3 underlined, deleted material appears stricken Esquire: not standards... Following purposes are allowed: 1 `` 70-30-102, or state 3 provides Access to one’s land one’s.... 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