60-6-104. Unpermitted encroachment -- department action. If an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102, the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department may remove it at the expense of the person who causes, owns, or controls it.
History: En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(1); amd. Sec. 5, Ch. 303, L. 2019.
Structure Montana Code Annotated
Title 60. Highways and Transportation
Chapter 6. Highway Encroachments
Part 1. Removal of Encroachments by State Authorities
60-6-101. Highway encroachments -- permit -- immediate removal
60-6-102. Notice of encroachment
60-6-103. Encroachment not permanently affixed -- time limit for removal -- penalty
60-6-104. Unpermitted encroachment -- department action
60-6-105. Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal