70-31-303. Inverse condemnation -- reimbursement of expenses of proceeding. When an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of the owner's property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any proceeding shall determine and award or allow to the plaintiff as a part of the judgment or settlement a sum that will, in the opinion of the court or the attorney, reimburse the plaintiff for the plaintiff's reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.
History: En. Sec. 14, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9940; amd. Sec. 2232, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 31. Relocation Assistance Fair Treatment of Condemnees
Part 3. Rights and Duties Relating to Condemnation
70-31-301. Appraisal, negotiation, and other condemnation policies mandated
70-31-302. Reimbursement of closing costs and taxes incurred by owner
70-31-303. Inverse condemnation -- reimbursement of expenses of proceeding
70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned
70-31-305. Acquisition of buildings and improvements affected