70-30-306. Necessary expenses of litigation defined. (1) Necessary expenses of litigation as authorized by 70-30-305 mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs.
(2) Reasonable and necessary attorney fees are the customary hourly rates for an attorney's services in the county in which the trial is held. Reasonable and necessary attorney fees must be computed on an hourly basis and may not be computed on the basis of any contingent fee contract.
(3) Reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of that expertise in the county in which the trial is held.
History: En. 93-9921.2 by Sec. 1, Ch. 48, L. 1977; R.C.M. 1947, 93-9921.2; amd. Sec. 71, Ch. 125, L. 2001.
Structure Montana Code Annotated
Part 3. Hearing, Judgment, and Subsequent Proceedings
70-30-301. Hearing -- judge to preside -- determinations by condemnation commissioners
70-30-302. Assessing compensation -- date and measure -- interest
70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree
70-30-304. Appeal to district court from assessment of condemnation commissioners
70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation
70-30-306. Necessary expenses of litigation defined
70-30-307. When payment of compensation to be made -- deposit of bond
70-30-308. How payment made -- execution or annulment for nonpayment
70-30-309. Final order of condemnation -- contents -- vesting upon filing
70-30-310. New proceedings to cure defective title
70-30-311. Putting condemnor in possession
70-30-312. Appeal to supreme court
70-30-313. Current fair market value
70-30-314. Weed control responsibility
70-30-316. through 70-30-320 reserved
70-30-321. Sale of property acquired for public use when use abandoned -- procedure
70-30-322. Option of original owner or successor in interest to purchase at sale price
70-30-323. Liability limitation -- several liability -- defense costs