82-2-208. Right-of-way to commence upon payment of assessed damages. Upon the payment of the sum assessed as damages and all costs to the persons to whom it is awarded or the payment of the same to the clerk for the use of such person, plaintiff is entitled to the right-of-way and may immediately proceed to occupy the same and to erect thereon such works and structures and make therein such excavations as may be necessary to the use and enjoyment of the right-of-way so awarded.
History: En. Sec. 8, p. 599, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 893, 5th Div. Rev. Stat. 1879; re-en. Sec. 1502, Comp. Stat. 1887; amd. and re-en. Sec. 3637, Pol. C. 1895; re-en. Sec. 2304, Rev. C. 1907; re-en. Sec. 7389, R.C.M. 1921; re-en. Sec. 7389, R.C.M. 1935; R.C.M. 1947, 50-808.
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