60-4-102. General power of department to acquire interests in property. Notwithstanding any other provision of law, the department of transportation may acquire by purchase or other lawful manner lands or other real property, excluding oil, gas, and mineral rights, that it considers reasonably necessary for present or future highway purposes. The department may acquire a fee simple or lesser estate or interest. The provisions of 70-30-104(2) do not apply to the acquisition of a fee simple interest under this section.
History: En. Sec. 8-102, Ch. 197, L. 1965; amd. Sec. 126, Ch. 316, L. 1974; R.C.M. 1947, 32-3902; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 19, L. 2001.
Structure Montana Code Annotated
Title 60. Highways and Transportation
Chapter 4. Acquisition and Disposition of Property
Part 1. Acquisition of Property
60-4-101. Rights acquired by public in highway
60-4-102. General power of department to acquire interests in property
60-4-103. Purposes for which property acquired
60-4-104. Exercise of right of eminent domain -- presumption
60-4-105. Acquisition of whole parcel -- sale of excess
60-4-106. Power to acquire for future
60-4-107. Road-building materials
60-4-108. No compensation in certain cases -- exceptions
60-4-109. Irrigable lands rendered unusable -- unpaid construction costs
60-4-110. Highway crossing railroad, canal, or ditch
60-4-111. Acquisition of property for controlled-access facility