Sections
Part 1 Private Property Assessment Act § 2-10-101 – § 2-10-112

Terms Used In Montana Code > Title 2 > Chapter 10 - State Agency Actions Affecting Private Property

  • Action with taking or damaging implications: means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. See Montana Code 2-10-103
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Claim: includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to:

    (a)an employee, officer, agent, or other representative of a governmental entity; or

    (b)a contractor, grantee, or other person, whether under contract or not, if any portion of the money, property, or services requested or demanded is to be spent or used on a governmental entity's behalf or to advance a governmental program or interest and if the governmental entity:

    (i)provides or has provided any portion of the money, property, or services requested or demanded; or

    (ii)will reimburse a contractor, grantee, or other person for any portion of the money, property, or services requested or demanded. See Montana Code 17-8-402

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Government attorney: means the attorney general except for complaints involving a unit of the university system. See Montana Code 17-8-402
  • Governmental entity: means :

    (a)the state;

    (b)a city, town, county, school district, tax or assessment district, or other political subdivision of the state; or

    (c)a unit of the Montana university system. See Montana Code 17-8-402

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
  • Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Knowingly: means that a person, with respect to information, does any of the following:

    (i)has actual knowledge of the information;

    (ii)acts in deliberate ignorance of the truth or falsity of the information; or

    (iii)acts in reckless disregard of the truth or falsity of the information. See Montana Code 17-8-402

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Material: means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property, or services. See Montana Code 17-8-402
  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: means an established duty, whether fixed or not, arising from:

    (a)an express or implied contractual, grantor-grantee, or licensor-licensee relationship;

    (b)a fee-based or similar relationship;

    (c)a statute or regulation; or

    (d)the retention of any overpayment. See Montana Code 17-8-402

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business, trust, or other legal or business entity. See Montana Code 17-8-402
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private interest: means an interest held by an individual that is:

    (a)an ownership interest in a business;

    (b)a creditor interest in an insolvent business;

    (c)an employment or prospective employment for which negotiations have begun;

    (d)an ownership interest in real property;

    (e)a loan or other debtor interest; or

    (f)a directorship or officership in a business. See Montana Code 2-2-102

  • Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Public information: has the meaning provided in 2-6-1002. See Montana Code 2-2-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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.
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Several: means two or more. See Montana Code 1-1-201
  • State: means the state of Montana. See Montana Code 17-8-402
  • 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
  • State agency: includes :

    (i)the state;

    (ii)the legislature and its committees;

    (iii)all executive departments, boards, commissions, committees, bureaus, and offices;

    (iv)the university system; and

    (v)all independent commissions and other establishments of the state government. See Montana Code 2-2-102

  • State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
  • State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
  • Statute: A law passed by a legislature.
  • Taking or damaging: means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution. See Montana Code 2-10-103
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203