70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned. When a condemnation proceeding is instituted by an agency to acquire real property for a program or project for which federal financial assistance is available and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in the real property must be paid a sum that will, in the opinion of the court, reimburse the owner for the owner's reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of the sum must be paid by the agency that sought to condemn the property.
History: En. Sec. 13, Ch. 3, 2nd Ex. L. 1971; R.C.M. 1947, 93-9939; amd. Sec. 2233, 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