Montana Code 70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned
70-31-304. Reimbursement of costs when condemnation proceedings dismissed or abandoned. When a condemnation proceeding is instituted by an agency to acquire real property for a program or project for which federal financial assistance is available and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in the real property must be paid a sum that will, in the opinion of the court, reimburse the owner for the owner’s reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of the sum must be paid by the agency that sought to condemn the property.
Terms Used In Montana Code 70-31-304
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205