60-2-107. Abandonment of highways -- exchange of roadways -- public notice required. (1) Except as provided in 60-4-213 through 60-4-218, the commission may abandon highways on the commission-designated highway systems and state highways.
(2) Except as provided in 60-4-213 through 60-4-218, before abandoning or discontinuing maintenance on a highway, the commission shall hold a public hearing in the county or counties affected by the abandonment. The commission may elect to offer to transfer the liability for and the maintenance of a highway to another agency or agencies that may in turn elect to take responsibility for the highway. The commission shall notify the board of county commissioners in writing of its intent to abandon a highway and hold a public hearing. The commission shall publish for 3 consecutive weeks in local newspapers within the county the notice of abandonment and public hearing.
(3) Except as provided in 60-4-213 through 60-4-218, the commission may enter into an agreement with a unit of local government, on mutually beneficial terms, to exchange property interests or responsibilities, including maintenance, on any portion of a commission-designated highway system or state highway and on any portion of a county road or city street.
(4) The commission may not abandon a highway, road, or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another highway, road, or right-of-way provides substantially the same access.
(5) The commission may not abandon a highway, road, or right-of-way used to access private land if the access benefits two or more landowners unless all the landowners agree to the abandonment.
History: En. Sec. 4-106, Ch. 197, L. 1965; amd. Sec. 74, Ch. 316, L. 1974; amd. Sec. 1, Ch. 283, L. 1977; R.C.M. 1947, 32-2406(part); amd. Sec. 1, Ch. 178, L. 1997; amd. Sec. 4, Ch. 107, L. 1999; amd. Sec. 5, Ch. 440, L. 1999; amd. Sec. 2, Ch. 168, L. 2005; amd. Sec. 7, Ch. 226, L. 2005; amd. Sec. 8, Ch. 299, L. 2019.
Structure Montana Code Annotated
Title 60. Highways and Transportation
Chapter 2. State Administration
Part 1. Transportation Commission
60-2-106. Designation of highways not located entirely within the state
60-2-107. Abandonment of highways -- exchange of roadways -- public notice required
60-2-108. and 60-2-109 reserved
60-2-110. Setting priorities and selecting projects
60-2-111. Letting of contracts on state highways and commission-designated highway systems
60-2-112. Competitive bidding -- reciprocity
60-2-113. Bidder's security -- contractor's bond
60-2-114. Bids for contracts let by commission to contain security, unit price, and signature
60-2-115. Contract let by commission -- time for final payment of contract price -- interest
60-2-116. Payment of contractors and subcontractors
60-2-117. Contract indemnification provisions
60-2-119. Limit on projects -- reporting requirement
60-2-121. Authority of commission to prioritize expenditures on railroad crossings -- public hearing
60-2-122. through 60-2-124 reserved
60-2-126. Designation of public highways -- apportionment of funds
60-2-127. Allocation of funds for projects
60-2-128. Maintenance system -- designation of highways
60-2-130. through 60-2-132 reserved
60-2-133. U.S. highway 2 -- planning
60-2-137. Design-build contracting process -- submission of proposals -- department's duties
60-2-138. and 60-2-139 reserved
60-2-140. Rawhide stampede rustlers and rendezvous trade corridor -- planning
60-2-141. Use of Montana-made wooden materials in highway and road projects