Montana Code 60-4-216. Procedure for abandonment
60-4-216. Procedure for abandonment. (1) Upon receipt of a petition, in writing, for the abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder.
Terms Used In Montana Code 60-4-216
- Property: means real and personal property. See Montana Code 1-1-205
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)The department shall prepare an order of abandonment to propose to the commission.
(3)The proposed order must state that the subject property is subject to all easements and utilities apparent or of record.
(4)Before abandoning the subject property, the commission shall notify the board of county commissioners in writing of its intent to abandon the subject property and shall hold a public hearing in the county or counties affected by the abandonment.
(5)The commission shall publish the notice of proposed abandonment and public hearing for 3 successive weeks in local newspapers within the county.
(6)The commission, in its sole discretion, may enter an order abandoning the subject property.
(7)The order with exhibits attached must be recorded by the department in the office of the clerk and recorder in the county or counties in which the subject property is located.