60-4-217. Criteria for abandonment. (1) Subject to subsection (2), the commission shall enter an order abandoning the subject property upon finding that:
(a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;
(b) a remainder exists to provide reasonable access; and
(c) at least one of the following applies:
(i) the disposal qualifies as an exception to 23 CFR 710.403(d);
(ii) reimbursement of federal funds is not required; or
(iii) the commission agrees to any required reimbursement of federal funds.
(2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.
History: En. Sec. 5, Ch. 226, L. 2005.
Structure Montana Code Annotated
Title 60. Highways and Transportation
Chapter 4. Acquisition and Disposition of Property
Part 2. Disposition of Property
60-4-201. Exchange of interest in real property
60-4-202. Sale of interest in real property
60-4-205. Private sale if no bid or offer
60-4-206. Sale of personal property and printed matter
60-4-207. Conveyances -- execution and contents
60-4-208. Abandonment or vacation of commission-designated highway system or state highways
60-4-209. Abandoned highway property -- title vests in contiguous owner
60-4-210. through 60-4-212 reserved
60-4-215. Application of other laws
60-4-216. Procedure for abandonment