76-5-1108. Acquisition of property. (1) Cities, towns, and counties may acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, private property within the limits of the project that may be necessary to carry into effect the provisions of this part and to provide an outlet for the watercourses, either natural or artificial. Watercourses may be deepened, widened, straightened, altered, changed, diverted, or otherwise improved under the provisions of this part. Property rights that may be acquired include the right to cross railroad right-of-way and property and highway right-of-way and property so as not to impair the previous public use.
(2) All applicable provisions of Title 70, chapter 30, apply to the condemnation of property under this section.
History: En. Sec. 3, Ch. 272, L. 1965; amd. Sec. 3, Ch. 284, L. 1967; R.C.M. 1947, 89-3303; amd. Sec. 92, Ch. 125, L. 2001.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 5. Flood Plain and Floodway Management
Part 11. Water Conservation and Flood Control Projects
76-5-1101. Water conservation and flood control projects authorized
76-5-1103. Water conservation and flood control activities declared public purpose
76-5-1104. Construction of part
76-5-1105. Division of work into parts
76-5-1106. Requirements to change project boundaries -- election
76-5-1107. Direction and construction responsibility of state or federal government -- local role
76-5-1108. Acquisition of property
76-5-1109. Contracts for use of railroads and highways
76-5-1110. Cooperation with governmental, public, and private agencies
76-5-1111. Apportionment of costs
76-5-1112. Sources of funds for cost of acquiring right-of-way and other costs
76-5-1113. Special assessments for operation and maintenance authorized
76-5-1114. Determination of assessment
76-5-1115. Fees and charges authorized