60-4-105. Acquisition of whole parcel -- sale of excess. (1) Whenever any interest in a part of a parcel of land or other real property is to be acquired for highway purposes leaving the remainder in a shape or condition as to be of little market value or to give rise to claims or litigation over severance or other damage, the department may acquire the whole parcel. It may sell or exchange the remainder for other property needed for highway purposes.
(2) Whenever a part of a parcel of land acquired for highway purposes is in a shape or size as to come within the Montana Subdivision and Platting Act, the department shall prepare and file the required plat in the office of the county clerk and recorder.
History: En. Sec. 8-105, Ch. 197, L. 1965; amd. Sec. 128, Ch. 316, L. 1974; R.C.M. 1947, 32-3905; amd. Sec. 19, Ch. 23, L. 1979.
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