82-2-223. Compensation for property. (1) The measure of compensation for the property located within 300 yards of the surfaced tract condemned shall be the fair market value or the value of similar property in a similar area not affected by open-pit mining operations, whichever the owner of the surface property shall elect to receive.
(2) The measure of compensation for a building owned by the city, county, or state shall be the value of the cost of replacing the building in a similar area not affected by open-pit mining operations.
History: En. Sec. 3, Ch. 240, L. 1961; amd. Sec. 2, Ch. 304, L. 1973; R.C.M. 1947, 50-815.
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