60-4-107. Road-building materials. (1) A right-of-way or easement acquired by the department for construction, operation, repair, reconstruction, or maintenance of highways includes, among others, the right to use, remove, relocate, redistribute, or otherwise dispose of gravel and other road-building materials found or located within the boundaries of the right-of-way or easement.
(2) For the purposes of this chapter, the gravel or materials are considered to be real property and not minerals.
History: En. Sec. 8-107, Ch. 197, L. 1965; amd. Sec. 130, Ch. 316, L. 1974; R.C.M. 1947, 32-3907.
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