Montana Code 70-31-303. Inverse condemnation — reimbursement of expenses of proceeding
70-31-303. Inverse condemnation — reimbursement of expenses of proceeding. When an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of the owner’s property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any proceeding shall determine and award or allow to the plaintiff as a part of the judgment or settlement a sum that will, in the opinion of the court or the attorney, reimburse the plaintiff for the plaintiff’s reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.
Terms Used In Montana Code 70-31-303
- Agency: means a department, agency, or instrumentality of the state of Montana or of a political subdivision of the state, a department, agency, or instrumentality of two or more states or two or more political subdivisions of the state or of two or more states, or a person who has the authority to acquire property by eminent domain as provided in Title 70, chapter 30. See Montana Code 70-31-102
- Federal financial assistance: means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance. See Montana Code 70-31-102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.