70-30-201. Applicable rules of practice. Except as otherwise provided in this chapter, the provisions of Titles 25 and 26, including the Montana Rules of Civil Procedure and the Montana Rules of Evidence, are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter. History: En. Sec. 2231, C. Civ. Proc. 1895; re-en. […]
70-30-202. Jurisdiction and venue — complaint and summons required. All proceedings under this chapter must be brought in the district court of the county in which the property or some part of the property is situated. A proceeding must be commenced by filing a complaint and issuing a summons. A summons served under this chapter must […]
70-30-203. Contents of complaint. (1) The complaint for condemnation must contain: (a) the name of the corporation, association, commission, or person in charge of the public use for which the property is sought to be taken, who is the plaintiff; (b) the names of all owners, purchasers under contracts for deed, mortgagees, and lienholders of record and any […]
70-30-204. Repealed. Sec. 12, Ch. 622, L. 1983. History: En. Sec. 587, p. 192, L. 1877; re-en. Sec. 587, 1st Div. Rev. Stat. 1879; re-en. Sec. 605, 1st Div. Comp. Stat. 1887; amd. Sec. 2218, C. Civ. Proc. 1895; re-en. Sec. 7338, Rev. C. 1907; re-en. Sec. 9941, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1245; re-en. […]
70-30-205. Repealed. Sec. 12, Ch. 622, L. 1983. History: En. Sec. 588, p. 192, L. 1877; re-en. Sec. 588, 1st Div. Rev. Stat. 1879; re-en. Sec. 606, 1st Div. Comp. Stat. 1887; amd. Sec. 2219, C. Civ. Proc. 1895; re-en. Sec. 7339, Rev. C. 1907; re-en. Sec. 9942, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1246; re-en. […]
70-30-206. Powers of court — preliminary condemnation order. (1) In a condemnation proceeding, the court may: (a) regulate and determine the place and manner of: (i) making the connections and crossings and enjoying the common uses mentioned in 70-30-103(1)(e); and (ii) occupying canyons, passes, and defiles for railroad purposes, as permitted and regulated by the laws of this state […]
70-30-207. Appointment of condemnation commissioners — affidavit — compensation. (1) Within 30 days of entry of a preliminary condemnation order, the condemnee shall file a statement of the condemnee’s claim of just compensation. If within 20 days of service of the condemnee’s claim the condemnor fails to accept the claim, the court shall appoint condemnation commissioners. […]
