82-2-205. Court order and appointment of commissioners. Upon the return of the summons or upon any day to which the hearing is adjourned, the defendants may answer, issue must be joined, and the judge shall hear the allegations and proofs of the respective parties. If, upon the hearing, the judge is satisfied that the claims of the plaintiff may be worked conveniently only by means of the privilege asked for, the judge shall make an order adjudging and awarding to the plaintiff the right-of-way and shall appoint three commissioners who are disinterested persons and residents of the county to assess the damages to the lands or claims affected by the order.
History: En. Sec. 5, p. 598, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 890, 5th Div. Rev. Stat. 1879; re-en. Sec. 1499, Comp. Stat. 1887; amd. and re-en. Sec. 3634, Pol. C. 1895; re-en. Sec. 2301, Rev. C. 1907; re-en. Sec. 7386, R.C.M. 1921; re-en. Sec. 7386, R.C.M. 1935; amd. Sec. 11, Ch. 39, L. 1977; R.C.M. 1947, 50-805; amd. Sec. 2727, Ch. 56, L. 2009.
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