82-2-204. Proceedings before the court. Upon the receipt of the complaint and filing thereof with the clerk of the court, the judge must direct a summons to issue to the defendants named in the complaint requiring them to appear before the judge on a day therein named, which must be not less than 10 days from the service thereof, and show cause why such right-of-way should not be allowed. The summons may be served on each of the parties in the manner prescribed by law for serving summons in other actions.
History: En. Sec. 4, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 889, 5th Div. Rev. Stat. 1879; re-en. Sec. 1498, Comp. Stat. 1887; amd. and re-en. Sec. 3633, Pol. C. 1895; re-en. Sec. 2300, Rev. C. 1907; re-en. Sec. 7385, R.C.M. 1921; re-en. Sec. 7385, R.C.M. 1935; R.C.M. 1947, 50-804.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 2. Rights-of-Way and Eminent Domain
82-2-201. Right-of-way of owners of mines
82-2-202. Road or ditch right-of-way
82-2-203. Proceedings to obtain right-of-way
82-2-204. Proceedings before the court
82-2-205. Court order and appointment of commissioners
82-2-206. Commissioners to assess damages
82-2-207. Power to set aside commissioners' report
82-2-208. Right-of-way to commence upon payment of assessed damages
82-2-209. Appeal from assessment of damages
82-2-210. Trial on appeal and costs
82-2-212. Appeal to supreme court
82-2-213. through 82-2-220 reserved
82-2-221. Eminent domain for open-pit mining -- purchase of property required
82-2-222. Construction of alternate facilities