Montana Code 70-31-105. Duplication of eminent domain payments not intended
70-31-105. Duplication of eminent domain payments not intended. A payment or assistance provided for in this chapter may not be required to be made by an agency if the displaced person receives a payment required under Title 60, chapter 4, or Title 70, chapter 30, that is determined by the agency to have substantially the same purpose and effect as a payment under this chapter.
Terms Used In Montana Code 70-31-105
- 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
- Displaced person: means :
(i)any person who moves from real property or moves that person's personal property from real property:
(A)as a direct result of a written notice of intent to acquire or by the acquisition of the real property, in whole or in part, for a program or project undertaken by a displacing agency for which federal financial assistance will be available to pay all or any part of the cost; or
(B)on which the person is a residential tenant or conducts a small business, farm operation, or a business defined in subsection (4)(d), as a direct result of rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent and for which federal financial assistance will be available to pay all or any part of the cost;
(ii)any person who, for purposes of providing moving and related expenses or relocation advisory services only, moves from real property or moves that person's personal property from real property as a direct result of:
(A)a written notice of intent to acquire or as a direct result of the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or
(B)the rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent. See Montana Code 70-31-102