SENATE BILL NO. 7
INTRODUCED BY M. COLE
AN ACT REVISING THE LAWS RELATING TO EMINENT DOMAIN FOR THE SOLE PURPOSE OF MODERNIZING THE LANGUAGE, INCLUDING REFERENCES TO THE PROCEDURE TO BE FOLLOWED IN EMINENT DOMAIN ACTIONS, AND SPECIFICALLY ENUMERATING THE PUBLIC USES FOR WHICH THE POWER OF EMINENT DOMAIN MAY BE EXERCISED; AND AMENDING SECTIONS 7-1-4124, 7-5-4106, 7-7-4404, 7-13-2218, 7-13-4404, 7-13-4405, 7-13-4406, 7-14-101, 7-14-1625, 7-14-2101, 7-14-2108, 7-14-2123, 7-14-2621, 7-14-2803, 7-14-2829, 7-14-4501, 7-14-4622, 7-14-4626, 7-14-4801, 7-15-4204, 7-15-4258, 7-15-4259, 7-15-4460, 7-15-4462, 7-16-2105, 7-16-4106, 7-35-2201, 15-70-301, 15-70-701, 23-1-102, 35-18-106, 35-20-104, 53-2-201, 60-1-103, 60-5-104, 67-2-301, 67-5-202, 67-6-301, 67-10-102, 67-10-103, 67-10-201, 67-10-205, 67-10-221, 67-11-201, 67-11-204, 67-11-231, 67-11-401, 69-13-104, 69-14-513, 69-14-536, 69-14-552, 70-30-102, 70-30-103, 70-30-104, 70-30-105, 70-30-106, 70-30-107, 70-30-108, 70-30-109, 70-30-110, 70-30-111, 70-30-202, 70-30-203, 70-30-206, 70-30-207, 70-30-301, 70-30-302, 70-30-303, 70-30-304, 70-30-305, 70-30-306, 70-30-307, 70-30-308, 70-30-309, 70-30-310, 70-30-311, 70-30-312, 70-30-314, 70-30-315, 70-30-321, 70-30-322, 70-31-102, 70-31-104, 70-31-105, 70-31-301, 70-31-311, 70-32-216, 75-10-715, 75-10-720, 75-15-123, 75-15-223, 76-5-1108, 76-5-1111, 76-6-105, 76-12-108, 76-12-110, 82-2-221, 82-2-222, 82-2-224, 82-10-303, 82-10-304, 82-10-305, 85-1-204, 85-1-209, 85-7-1411, 85-7-1904, 85-7-1932, 85-9-410, AND 87-1-209, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-1-4124, MCA, is amended to read:
"7-1-4124. Powers. A municipality with general powers has the power, subject to the provisions of state law, to:
(1) enact ordinances and resolutions;
(2) sue and be sued;
(3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal property;
(4) contract with persons, corporations, or any other governmental entity;
(5) pay debts and expenses;
(6) borrow money;
(7) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest;
(8) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source;
(9) make grants and loans of money, property, and services for public purposes;
(10) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body;
(11) hire, direct, and discharge employees and appoint and remove members of boards;
(12) ratify any action of the municipality or its officers or employees which that could have been approved in advance;
(13) have a corporate seal and flag;
(14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property to provide any service or
facility for a public use authorized by law;
(15) initiate a civil action to restrain or enjoin violation of an ordinance;
(16) enter private property, obtaining warrants when necessary, for the purpose of enforcing ordinances that affect the general welfare and public safety;
(17) conduct a census;
(18) conduct inventories of public property and preparatory studies;
(19) condemn and demolish hazardous structures;
(20) purchase insurance and establish self-insurance plans;
(21) impound animals and other private property creating a nuisance or obstructing a street or highway;
(22) establish quarantines;
(23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-4150; and
(24) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions."
Section 2. Section 7-5-4106, MCA, is amended to read:
"7-5-4106. Power of condemnation. The city or town council has power to may condemn private property for
opening, establishing, widening, or altering any street, alley, park, sewer, or waterway in the city or town and for
establishing, constructing, and maintaining any sewer, waterway, or drain ditch outside of the corporate limits of the
municipality or for any other municipal and public use listed in 70-30-102. The ordinance authorizing the taking of private
property for any such a public use is conclusive as to the necessity of the taking and must conform to and the proceedings
thereunder had be conducted as provided in Title 70, chapters 30 and 31, concerning eminent domain."
Section 3. Section 7-7-4404, MCA, is amended to read:
"7-7-4404. Authority to acquire, construct, maintain, and operate various undertakings. In addition to the powers
which it may now have, any A municipality shall have power under this part to may:
(1) construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better, or
extend any undertaking, within or without outside of the municipality or partially within or partially without outside of the
municipality, and acquire by gift, purchase, or the exercise of the right of eminent domain pursuant to Title 70, chapter 30,
any undertaking and lands land or rights in land or water rights in connection therewith with the undertaking;
(2) operate and maintain any undertaking and furnish the service, facilities, and commodities thereof of the undertaking
for its own use and for the use of public and private consumers within or without outside of the territorial boundaries of
such the municipality; and
(3) prescribe and collect rates, fees, and charges for the services, facilities, and commodities furnished by such the
undertaking."
Section 4. Section 7-13-2218, MCA, is amended to read:
"7-13-2218. District powers related to water and sewer projects. Any A district that is incorporated as provided in
this part may:
(1) construct, purchase, lease, or otherwise acquire and operate and maintain water rights, waterworks, sanitary sewerworks, storm sewerworks, canals, conduits, reservoirs, lands, and rights useful or necessary to store, conserve, supply, produce, convey, or drain water or sewage for purposes beneficial to the district. Beneficial purposes include but are not limited to flood prevention, flood control, irrigation, drainage, municipal and industrial water supplies, domestic water supplies, wildlife, recreation, pollution abatement, livestock water supply, and other similar purposes.
(2) if the incorporators of the district are members of a private, nonprofit water association that was formed under the laws of this state, acquire by eminent domain, pursuant to Title 70, chapter 30, from that water association any type of property referred to in this section;
(3) store water for the benefit of the district;
(4) conserve water for future use;
(5) appropriate, acquire, and conserve water and water rights for the purposes of the district;
(6) in the name of the district, commence, maintain, intervene in, and compromise, in the name of the district, and
assume the costs of any action or proceeding:
(a) involving or affecting the ownership or use of waters water, water rights, or sewer rights within the district that are
used or useful for any purpose of the district or a benefit to any land situated in the district;
(4)(b) commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with
or diminution of the natural flow of any stream or natural subterranean supply of waters water that is used or useful for any
purpose of the district or that is a common benefit to the lands within the district or its inhabitants;
(5)(c) commence, maintain, and defend actions and proceedings to prevent any interference with the waters water or
water or sewer rights referred to in this section as that may endanger the inhabitants or lands of the district;
(6)(7) lease or purchase and carry on and maintain from any person, firm, or public or private corporation, with the
privilege of purchase or otherwise, existing water rights, waterworks, sewerworks, canals, or reservoir systems; and carry
on and maintain them;
(7)(8) sell water or the use of water for household, or domestic, or other similar purposes, or sell sewer service, and,
whenever there is a surplus of water or sewerworks capacity, sell or otherwise dispose of the water or sewerworks capacity
to municipalities, or towns, or to consumers located within or outside of the boundaries of the district;
(8)(9) retain the services of architects and engineers for designing, preparing a feasibility study for, and drawing plans
and specifications of for a water or sewer system for the district, with the cost of these services apportioned and assigned
against properties in the district; and
(9)(10) establish, by ordinance or resolution, rules and regulations for the operation, maintenance, use, and availability
of any of its the district's systems or improvements, including but not limited to connection procedures, service termination,
and the payment of rates and charges, including penalties and interest charges for delinquent accounts."
Section 5. Section 7-13-4404, MCA, is amended to read:
"7-13-4404. Use of eminent domain powers to acquire water supply system. (1) In case If agreement is not reached
pursuant to 7-13-4403, then the city or town shall proceed to acquire the plant or water supply under the laws relating to the
taking of private property for public use Title 70, chapter 30.
(2) Any A city or town acquiring property under the laws relating to the taking of private property for public use Title
70, chapter 30, shall make payment pay the amount of compensation to the owner or owners of the plant or water supply, of
the value thereof legally determined, within 6 months from and after the date that final judgment is entered in the
condemnation proceedings."
Section 6. Section 7-13-4405, MCA, is amended to read:
"7-13-4405. Acquisition of water rights and other necessary property. For the purpose of providing the city or town
with an adequate water supply for municipal and domestic purposes, the city or town council shall procure appropriate
water rights and title to the same and the necessary real and personal property to make said rights and an adequate water
supply available,. The water rights and property may be acquired by purchase, appropriation, location, condemnation
pursuant to Title 70, chapter 30, or otherwise in any other legal manner."
Section 7. Section 7-13-4406, MCA, is amended to read:
"7-13-4406. Control over territory occupied by water supply system -- taxation and condemnation powers. (1)
Cities and towns shall have jurisdiction and control:
(a) over the territory occupied by their public works;
(b) over and along the line of reservoirs, streams, trenches, pipes, drains, and other appurtenances used in the
construction and operation of such the public works; and also
(c) over the source of streams from which water is taken for the enforcement of its sanitary ordinances, the abatement of
nuisances, and the general preservation of the purity of its water supply,.
(2) with power to Cities and towns may enact all ordinances and regulations necessary to carry the powers hereby
conferred into effect implement subsection (1). For this purpose, the city or town shall be authorized to may condemn
private property in the manner provided by law in Title 70, chapter 30, and shall have authority to may levy a just and
equitable tax on all consumers of water for the purpose of defraying the expenses of its procurement."
Section 8. Section 7-14-101, MCA, is amended to read:
"7-14-101. Acquisition of property for controlled-access facility. The highway authorities of the counties,
incorporated cities, and towns may, respectively or in cooperation with each other or the state, may acquire private or
public property and property rights for controlled-access highways or controlled-access facilities and service roads. Such
The property rights may include rights of access, air, view, and light. They The property rights may be acquired by gift,
devise, purchase, or condemnation in the same manner as may now or hereafter be authorized by law for the acquisition of
property or property rights in connection with highways, roads, and streets in their respective jurisdictions provided in Title
60, chapter 4, part 1, and Title 70, chapter 30."
Section 9. Section 7-14-1625, MCA, is amended to read:
"7-14-1625. Railroad acquisition and operation -- permits -- eminent domain. (1) Within the boundaries of the
authority, the authority may establish, acquire, construct, purchase, improve, maintain, equip, operate, regulate, and protect
railroads and railroad facilities, including but not limited to terminal buildings, roadways, crossings, bridges, causeways,
tunnels, equipment, and rolling stock, as that may be necessary to carry out the provisions of this part.
(2) The authority may apply to a public agency for permits, consents, authorizations, and approvals required for the
acquisition and operation of a railroad and take all actions necessary to comply with their conditions required in a permit or
approval.
(3) The authority may acquire property for a public purpose use, as provided in Title 70, chapter 30, in the same manner
as a county, except that the authority does not have the power of eminent domain with respect to property owned by another
authority or by a political subdivision or property owned by a railroad corporation unless the interstate commerce
commission or another authority entity with the power to make the finding has found that the public convenience and
necessity permit discontinuance of rail service on the property."
Section 10. Section 7-14-2101, MCA, is amended to read:
"7-14-2101. General powers of county relating to roads and bridges -- definitions. (1) The board of county commissioners, under the limitations and restrictions that are prescribed by law, may:
(a) (i) lay out, maintain, control, and manage county roads and bridges within the county;
(ii) subject to 15-10-420, levy taxes for the laying out, maintenance, control, and management of the county roads and bridges within the county as provided by law;
(b) (i) in the exercise of sound discretion, jointly with other counties, lay out, maintain, control, manage, and improve county roads and bridges in adjacent counties, wholly or in part as agreed upon between the boards of the counties concerned;
(ii) subject to 15-10-420, levy taxes for the laying out, maintenance, control, management, and improvement of county roads and bridges in adjacent counties or shared jointly with other counties, as agreed upon between the boards of the counties concerned and as provided by law;
(c) (i) enter into agreements for adjusted annual contributions over not more than 6 years toward the cost of joint highway or bridge construction projects entered into in cooperation with other counties, the state, or the United States;
(ii) subject to 15-10-420, place a joint project in the budget and levy taxes for a joint project as provided by law.
(2) (a) Unless the context requires otherwise, for the purposes of this chapter, the term following definitions apply:
(a) "bridge" includes rights-of-way or other interest in land, abutments, superstructures, piers, and approaches except dirt fills;
(b) "county road" means:
(i) a road that is petitioned by freeholders, approved by resolution, and opened by a board of county commissioners in accordance with this title;
(ii) a road that is dedicated for public use in the county and approved by resolution by a board of county commissioners; or
(iii) a road that has been acquired by eminent domain pursuant to Title 70, chapter 30, and accepted by resolution as a county road by a board of county commissioners.
(b)(3) (a) Following a public hearing, a board of county commissioners may accept by resolution a road that has not
previously been considered a county road but that has been laid out, constructed, and maintained with state department of
transportation or county funds.
(c)(b) A survey is not required of an existing county road that is accepted by resolution by a board of county
commissioners.
(d)(c) A road that is abandoned by the state may be designated as a county road upon the acceptance and approval by
resolution of a board of county commissioners.
(e) Unless the context requires otherwise, the term "bridge" includes rights-of-way or other interest in land, abutments,
superstructures, piers, and approaches except dirt fills."
Section 11. Section 7-14-2108, MCA, is amended to read:
"7-14-2108. Recording of instruments related to acquisition of right-of-way. (1) When a right-of-way is voluntarily
given or purchased, an a written instrument in writing conveying the right-of-way and incidents thereto to the right-of-way
must be signed and acknowledged by the person making it. It The instrument must then be recorded in the office of the
clerk of the county where the land is located.
(2) When a right-of-way is condemned pursuant to Title 70, chapter 30, a certified copy of the judgment of the court
must be made. It The copy must then be filed in the office of the clerk of the county where the land is located.
(3) Both types of instruments shall must particularly describe the land."
Section 12. Section 7-14-2123, MCA, is amended to read:
"7-14-2123. Acquisition of machinery and materials. (1) Out of the county road fund, each a board of county
commissioners may:
(a) purchase and operate grading and other machinery necessary or desirable for the improvement of the county roads;
(b) acquire deposits or quarries of suitable road-building material by purchase, condemnation pursuant to Title 70, chapter 30, or lease.
(2) Each A board may also acquire such road-building material by gift."
Section 13. Section 7-14-2621, MCA, is amended to read:
"7-14-2621. Establishment and alteration of stock lanes. (1) A stock lane is a county road established and
maintained for the driving and travel of livestock. It shall be A stock lane may not be less than 60 feet wide. The width
shall must be determined by the board in the order creating it.
(2) Upon presentation of a proper petition, each a board may establish, alter, or vacate stock lanes when it deems
considers it expedient and necessary for the convenience of the public and for the convenience of travel on established
roads now established. Any A stock lane may adjoin and parallel a county road and shall must be described in the petition
for creation and in the order of the board creating it the stock lane.
(3) The provisions of this part and the general laws relating to establishing, altering, and vacating county roads,
including the exercise of the right of eminent domain as provided in Title 70, chapter 30, shall apply to stock lanes.
References in all petitions, orders, and proceedings shall must be to stock lanes in order to differentiate them from other
highways."
Section 14. Section 7-14-2803, MCA, is amended to read:
"7-14-2803. Establishment and operation of public ferry or wharf upon petition. When it shall be made to appear
by a petition to any a board of county commissioners in this state indicates that it is necessary to keep establish and
maintain a public ferry across or a wharf at any unfordable stream, lake, estuary, or bay, any the county within the state,
through its board of county commissioners, is hereby authorized to may construct a ferry or wharf or to may purchase or
acquire a ferry or wharf by condemnation, as provided in Title 70, chapter 30, or purchase and to may operate, and
maintain, direct, regulate, and control the operation of a ferry across or a wharf at any unfordable stream, lake, estuary, or
bay within or bordering on said the county,. together with The county may also acquire, operate, and maintain all the
necessary boats, grounds, roads, approaches, landings, and improvements pertaining thereto, to the ferry or wharf. with full
jurisdiction and authority to operate and maintain the same The county may operate the ferry or wharf for free or for toll
may charge for the use."
Section 15. Section 7-14-2829, MCA, is amended to read:
"7-14-2829. Acquisition of land for ferry. When there are lands are necessary for the construction, erection, or use of
such a ferry which that cannot be procured by agreement between the owner of the ferry and the landowner, the
right-of-way and all other lands necessary for the use and construction or erection thereof of the ferry may be acquired by
condemnation as provided in Title 70, chapter 30."
Section 16. Section 7-14-4501, MCA, is amended to read:
"7-14-4501. Acquisition, construction, and maintenance of parking areas. A city or town council shall have power
to may:
(1) acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for use as parking areas for motor vehicles;
(2) construct and maintain thereon on the acquired land or on any premises owned or under lease by such the city or
town suitable parking facilities for the use of the public and for general traffic control; and
(3) make charges charge for the use of such parking facilities."
Section 17. Section 7-14-4622, MCA, is amended to read:
"7-14-4622. Powers of parking commission related to provision of parking services. For the purpose of offstreet
parking, each parking commission, subject to the limitations imposed by this part, shall have the following powers may:
(1) to purchase, lease, obtain option upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal
property or any interest therein in real or personal property, together with any improvements thereon on real property;
(2) to subject to 7-14-4626, acquire by the exercise of the power of eminent domain, as provided in Title 70, chapter 30,
any property in accordance with the applicable provisions of the law of eminent domain upon approval of the city council;
(3) to sell, lease, exchange, transfer, assign, or otherwise dispose of any real or personal property or any interest therein
in real or personal property;
(4) to lay out, open, extend, widen, straighten, establish, or change the grade, in whole or in part, of public parking
facilities and public rights-of-way necessary or convenient therefor for offstreet parking;
(5) to insure or provide for the insurance of any real or personal property or operation of the parking commission
against risks or hazards;
(6) to acquire, construct, rent, lease, maintain, and repair such real and personal property used for parking services or
any portion thereof, either on behalf of the parking commission or as an agent of the city, including the leasing of the
operation thereof of the offstreet parking;
(7) to regulate onstreet parking where when it remains in use, in coordination with offstreet parking, subject to traffic
regulations imposed by the state."
Section 18. Section 7-14-4626, MCA, is amended to read:
"7-14-4626. Limitation on power of eminent domain. (1) Notwithstanding the provisions of 7-14-4622(2), no A
parking commission may not acquire the property of a state public body may be acquired entity without its the entity's
consent.
(2) No A parking commission or the city may not acquire an existing parking facility shall be acquired by the exercise
of the power of eminent domain, as provided in Title 70, chapter 30, by a commission or the city except after a public
hearing. following A notice of the date, time, place, and purpose of such the hearing must be published once not less than
10 or more than 20 days prior to the date of such the hearing."
Section 19. Section 7-14-4801, MCA, is amended to read:
"7-14-4801. Acquisition of landing fields and parking areas for aircraft. The A city or town council has power to
may acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for landing fields or
parking areas for aircraft, within or without outside of the corporate limits of the municipality,. and to The city or town
council may exercise municipal jurisdiction over the lots or lands acquired pursuant to this section, where such even though
the lots or lands or any portion thereof of the lots or lands are without is outside of the corporate limits of the municipality,
to the same extent as though they were within such corporate limits."
Section 20. Section 7-15-4204, MCA, is amended to read:
"7-15-4204. Interpretation. It is further found and declared:
(1) that the The powers conferred by this part and part 43 and this part are for public uses and purposes for which public
money may be expended and the power of eminent domain may be exercised; and as provided in Title 70, chapter 30.
(2) that the The legislature finds and declares that necessity in the public interest exists for the provisions enacted in this
part and part 43 is hereby declared as a matter of legislative determination and this part concerning urban renewal."
Section 21. Section 7-15-4258, MCA, is amended to read:
"7-15-4258. Acquisition and administration of real and personal property. (1) Every A municipality shall have
power to may:
(a) acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain pursuant to Title 70, chapter 30, or
otherwise any real property and such personal property as that may be necessary for the administration of the provisions
contained in this part and part 43 and this part, together with any improvements thereon on the real property;
(b) hold, improve, clear, or prepare for redevelopment any such property acquired pursuant to subsection (1)(a);
(c) dispose of any real or personal property;
(d) insure or provide for the insurance of any real or personal property or the operations of the municipality against any
risks or hazards, including the power to pay premiums on any such insurance; and
(e) enter into a development agreement with the owner of real property within an urban renewal area and undertake activities, including the acquisition, removal, or demolition of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment.
(2) A development agreement entered into in accordance with subsection (1)(e) must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the urban renewal plan and offering recourse to the municipality if the redevelopment is not completed as determined by the local governing body. The development agreement may not constitute the acquisition of an interest in real property by the municipality within the meaning of 7-15-4262 or 7-15-4263.
(3) However, no statutory provision provisions with respect to the acquisition, clearance, or disposition of property by
public bodies shall may not restrict a municipality in the exercise of such functions with respect to an urban renewal
project.
(4) A municipality shall may not acquire real property for an urban renewal project or enter into a development
agreement, as provided in subsection (1)(e), unless the local governing body has approved the urban renewal project plan in
accordance with 7-15-4216(2) and 7-15-4217."
Section 22. Section 7-15-4259, MCA, is amended to read:
"7-15-4259. Exercise of power of eminent domain. (1) After the adoption by the local governing body of a resolution
declaring that the acquisition of the real property described therein in the resolution is necessary for an urban renewal
project under this part, a municipality shall have the right to may acquire by condemnation, as provided in Title 70, chapter
30, any interest in real property which that it may deem considers necessary for such purpose urban renewal.
(2) Condemnation for urban renewal of blighted areas is declared to be a public use, and property already devoted to
any other public use or acquired by the owner or his the owner's predecessor in interest by eminent domain may be
condemned for the purposes of this part.
(3) The award of compensation for real property taken for such a an urban renewal project shall may not be increased
by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction or proposed
assembly, clearance, or reconstruction in the project area. No An allowance shall may not be made for the improvements
begun on real property after notice to the owner of such the property of the institution of proceedings to condemn such the
property. Evidence shall be is admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises or
the unlawful use thereof of the premises."
Section 23. Section 7-15-4460, MCA, is amended to read:
"7-15-4460. Powers of housing authority relating to acquisition and disposition of property. (1) An authority shall
have power to may:
(a) purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal
property or any interest therein in property from any person, firm, corporation, city, municipality, or government;
(b) acquire by eminent domain, as provided in Title 70, chapter 30, any real property, including improvements and
fixtures thereon on the real property;
(c) sell, exchange, transfer, assign, or pledge any real or personal property or any interest therein in property to any
person, firm, corporation, municipality, city, or government;
(d) own, hold, clear, and improve property;
(e) insure or provide for the insurance of the property or operations of the authority against such risks as that the
authority may deem considers advisable;
(f) procure insurance or guarantees from the federal government of the payment of any debts or parts thereof of debt
secured by mortgages made or held by the authority on any property included in any a housing project.
(2) No provisions Statutes with respect to the acquisition, operation, or disposition of property by other public bodies
shall be are not applicable to an authority unless the legislature shall specifically so state declares that the provisions are
applicable."
Section 24. Section 7-15-4462, MCA, is amended to read:
"7-15-4462. Exercise of power of eminent domain. (1) After the adoption by it the authority of a resolution declaring
that the acquisition of the property described therein in the resolution is in the public interest and necessary for public use,
the authority shall have the right to may acquire by eminent domain any real property, including fixtures and improvements,
which that it may deem considers necessary to carry out the purposes of this part and part 45 and this part.
(2) The authority may shall exercise the power of eminent domain pursuant to the provisions of either:
(a) Title 70, chapter 30; or
(b) Any other applicable statutory provisions for the exercise of the power of eminent domain.
(3) Property already devoted to a public use may be acquired, provided that:
(a) no property belonging to any city or municipality within the boundaries of the authority or belonging to any
government may not be acquired without its the government's consent; and
(b) that no property belonging to a public utility corporation may not be acquired without the approval of the
commission or other officer or tribunal, if there be any, having regulatory power over such the corporation if the utility is
subject to regulatory power."
Section 25. Section 7-16-2105, MCA, is amended to read:
"7-16-2105. Acquisition of land by county for public recreational or cultural purposes. (1) The counties of this
state are authorized to A county may acquire, by purchase, grant, deed, gift, devise, condemnation pursuant to Title 70,
chapter 30, or otherwise, lands suitable for public camping, public recreational purposes, civic centers, youth centers,
museums, recreational centers, and any combination thereof of the enumerated uses. or A county may lease the land tracts,
each of which must be situated as to offer so that it offers ready access to a public highway.
(2) This section may not be construed as amending or repealing 7-16-2201 through 7-16-2203."
Section 26. Section 7-16-4106, MCA, is amended to read:
"7-16-4106. Acquisition of property for athletic fields and civic stadiums. (1) Every A city or town council shall
have power to may:
(a) acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, lands for athletic fields and civic
stadiums within or without outside of the corporate limits of the municipality;
(b) establish and regulate such athletic fields and civic stadiums;
(c) exercise municipal jurisdiction over the lands so acquired land where such lands when the land or any portion
thereof are without of the land is outside of the corporate limits of the municipality to the same extent as though they were
the land was within said the corporate limits; and
(d) construct, maintain, and regulate athletic and civic stadiums thereon on the land.
(2) The city or town councils are authorized to council may set aside or designate portions or tracts of land now owned
by any municipality for the purpose of providing athletic fields and civic stadiums."
Section 27. Section 7-35-2201, MCA, is amended to read:
"7-35-2201. Power of county commissioners to conduct cemeteries. The A board of county commissioners of any
county within Montana is hereby given jurisdiction and power to may:
(1) establish and conduct cemeteries;
(2) acquire by purchase, gift, devise, or condemnation pursuant to Title 70, chapter 30:
(a) lands for said purpose by purchase, condemnation, gift, or devise cemetery purposes; and
(3)(b) acquire by purchase, condemnation, gift, or devise cemeteries already established and conducted by persons,
firms, or corporations, including municipal corporations."
Section 28. Section 15-70-301, MCA, is amended to read:
"15-70-301. (Temporary) Definitions. As used in this part, the following definitions apply:
(1) "Agricultural use" means use of special fuel by a person who earns income while engaging in the business of farming or ranching and who files farm income reports for tax purposes as required by the United States internal revenue service.
(2) "Bond" means:
(a) a bond executed by a special fuel user as principal with a corporate surety qualified under the laws of Montana, payable to the state of Montana, and conditioned upon faithful performance of all requirements of this part, including the payment of all taxes, penalties, and other obligations of the special fuel user arising out of this part; or
(b) a deposit with the department by the special fuel user, under terms and conditions that the department may prescribe, of certificates of deposit or irrevocable letters of credit issued by a bank and insured by the federal deposit insurance corporation.
(3) "Bulk delivery" means placing special fuel not intended for resale in storage or containers. The term does not mean special fuel delivered into the supply tank of a motor vehicle.
(4) "Cardtrol" or "keylock" means a unique device intended to allow access to a special fuel dealer's unattended pump or dispensing unit for the purpose of delivery of special fuel to an authorized user of the unique device.
(5) "Department" means the department of transportation.
(6) (a) "Distributed" means, at the time that special fuel is withdrawn, the withdrawal from a storage tank, a refinery, or a terminal storage in this state for sale or use in this state or for the transportation other than by pipeline to another refinery in this state or a pipeline terminal in this state of the following:
(i) special fuel refined, produced, manufactured, or compounded in this state and placed in storage tanks in this state;
(ii) special fuel transferred from a refinery or pipeline terminal in this state and placed in tanks at the refinery or terminal; or
(iii) special fuel imported into this state and placed in storage at a refinery or pipeline terminal.
(b) When withdrawn from the storage tanks, refinery, or terminal, the special fuel may be distributed only by a person who is the holder of a valid distributor's license.
(c) Special fuel imported into this state, other than that special fuel placed in storage at a refinery or pipeline terminal, is considered to be distributed after it has arrived in and is brought to rest in this state.
(7) "Distributor" means:
(a) a person who engages in the business in this state of producing, refining, manufacturing, or compounding special fuel for sale, use, or distribution;
(b) an importer who imports special fuel for sale, use, or distribution;
(c) a person who engages in the wholesale distribution of special fuel in this state and chooses to become licensed to assume the Montana state special fuel tax liability; and
(d) an exporter.
(8) "Export" means to transport out of Montana, by any means other than in the fuel supply tank of a motor vehicle, special fuel received from a refinery or pipeline terminal within Montana.
(9) "Exporter" means a person who transports, other than in the fuel supply tank of a motor vehicle, special fuel received from a refinery or pipeline terminal in Montana to a destination outside Montana for sale, use, or consumption outside Montana.
(10) "Import" means to first receive special fuel into possession or custody after its arrival and coming to rest at a destination within the state or to first receive any special fuel shipped or transported into this state from a point of origin outside this state other than in the fuel supply tank of a motor vehicle.
(11) "Importer" means a person who transports or arranges for the transportation of special fuel into Montana for sale, use, or distribution.
(12) "Improperly imported fuel" means special fuel as defined in subsection (16) that is:
(a) consigned to a Montana destination and imported into the state without the distributor first having obtained a Montana special fuel distributor license as required in 15-70-341; or
(b) delivered, possessed, sold, or transferred in the state in any manner not authorized under Title 15, chapter 70.
(13) "Motor vehicle" means all vehicles that are operated upon the public highways or streets of this state and that are operated in whole or in part by the combustion of special fuel.
(14) "Person" includes any person, firm, association, joint-stock company, syndicate, partnership, or corporation. Whenever the term is used in any clause prescribing and imposing a fine or imprisonment, or both, as applied to a firm, association, syndicate, or partnership, it includes the partners or members and, as applied to joint-stock companies and corporations, the officers.
(15) "Public roads and highways of this state" means all streets, roads, highways, and related structures:
(a) built and maintained with appropriated funds of the United States, the state of Montana, or any political subdivision of the state;
(b) dedicated to public use;
(c) acquired by eminent domain, as provided in Title 60, chapter 4, or Title 70, chapter 30; or
(d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state.
(16) "Special fuel" means those combustible gases and liquids commonly referred to as diesel fuel or any other volatile liquid of less than 46 degrees A.P.I. (American petroleum institute) gravity test, except liquid petroleum gas, when actually sold for use in motor vehicles operating upon the public roads and highways within the state of Montana. The term special fuel includes all other types of additives when the additive is mixed or blended into special fuel, regardless of the additive's classifications or uses.
(17) "Special fuel dealer" means:
(a) a person in the business of handling special fuel who delivers any part of the fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by the person;
(b) a person who sells special fuel at a location unattended by the dealer through an unattended pump by use of a cardtrol, keylock, or similar device; or
(c) a person who provides a facility, with or without attended services, from which more than one special fuel user obtains special fuel for use in the fuel supply tank of a motor vehicle not then controlled by the dealer.
(18) (a) "Special fuel user" means a person other than the U.S. government, a state, or a county, incorporated city or
town, or school district of this state who consumes in this state special fuel for the operation of motor vehicles owned or
controlled by the person upon the highways of this state.
(b) The term does not include the U.S. government, a state, a county, an incorporated city or town, or a school district of this state.
(19) "Use", when the term relates to a special fuel user, means the consumption by a special fuel user of special fuels in the operation of a motor vehicle on the highways of this state. (Terminates June 30, 2001--sec. 7, Ch. 461, L. 1999.)
15-70-301. (Effective July 1, 2001) Definitions. As used in this part, the following definitions apply:
(1) "Agricultural use" means use of special fuel by a person whose major endeavor is the business of farming or ranching and whose primary source of earned income is from the business of farming or ranching.
(2) "Bond" means:
(a) a bond executed by a special fuel user as principal with a corporate surety qualified under the laws of Montana, payable to the state of Montana, and conditioned upon faithful performance of all requirements of this part, including the payment of all taxes, penalties, and other obligations of the special fuel user arising out of this part; or
(b) a deposit with the department by the special fuel user, under terms and conditions that the department may prescribe, of certificates of deposit or irrevocable letters of credit issued by a bank and insured by the federal deposit insurance corporation.
(3) "Bulk delivery" means placing special fuel not intended for resale in storage or containers. The term does not mean special fuel delivered into the supply tank of a motor vehicle.
(4) "Cardtrol" or "keylock" means a unique device intended to allow access to a special fuel dealer's unattended pump or dispensing unit for the purpose of delivery of special fuel to an authorized user of the unique device.
(5) "Department" means the department of transportation.
(6) (a) "Distributed" means, at the time that special fuel is withdrawn, the withdrawal from a storage tank, a refinery, or a terminal storage in this state for sale or use in this state or for the transportation other than by pipeline to another refinery in this state or a pipeline terminal in this state of the following:
(i) special fuel refined, produced, manufactured, or compounded in this state and placed in storage tanks in this state;
(ii) special fuel transferred from a refinery or pipeline terminal in this state and placed in tanks at the refinery or terminal; or
(iii) special fuel imported into this state and placed in storage at a refinery or pipeline terminal.
(b) When withdrawn from the storage tanks, refinery, or terminal, the special fuel may be distributed only by a person who is the holder of a valid distributor's license.
(c) Special fuel imported into this state, other than that special fuel placed in storage at a refinery or pipeline terminal, is considered to be distributed after it has arrived in and is brought to rest in this state.
(7) "Distributor" means:
(a) a person who engages in the business in this state of producing, refining, manufacturing, or compounding special fuel for sale, use, or distribution;
(b) an importer who imports special fuel for sale, use, or distribution;
(c) a person who engages in the wholesale distribution of special fuel in this state and chooses to become licensed to assume the Montana state special fuel tax liability; and
(d) an exporter.
(8) "Export" means to transport out of Montana, by any means other than in the fuel supply tank of a motor vehicle, special fuel received from a refinery or pipeline terminal within Montana.
(9) "Exporter" means a person who transports, other than in the fuel supply tank of a motor vehicle, special fuel received from a refinery or pipeline terminal in Montana to a destination outside Montana for sale, use, or consumption outside Montana.
(10) "Import" means to first receive special fuel into possession or custody after its arrival and coming to rest at a destination within the state or to first receive any special fuel shipped or transported into this state from a point of origin outside this state other than in the fuel supply tank of a motor vehicle.
(11) "Importer" means a person who transports or arranges for the transportation of special fuel into Montana for sale, use, or distribution.
(12) "Improperly imported fuel" means special fuel as defined in subsection (16) that is:
(a) consigned to a Montana destination and imported into the state without the distributor first having obtained a Montana special fuel distributor license as required in 15-70-341; or
(b) delivered, possessed, sold, or transferred in the state in any manner not authorized under Title 15, chapter 70.
(13) "Motor vehicle" means all vehicles that are operated upon the public highways or streets of this state and that are operated in whole or in part by the combustion of special fuel.
(14) "Person" includes any person, firm, association, joint-stock company, syndicate, partnership, or corporation. Whenever the term is used in any clause prescribing and imposing a fine or imprisonment, or both, as applied to a firm, association, syndicate, or partnership, it includes the partners or members and, as applied to joint-stock companies and corporations, the officers.
(15) "Public roads and highways of this state" means all streets, roads, highways, and related structures:
(a) built and maintained with appropriated funds of the United States, the state of Montana, or any political subdivision of the state;
(b) dedicated to public use;
(c) acquired by eminent domain, as provided in Title 60, chapter 4, or Title 70, chapter 30; or
(d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state.
(16) "Special fuel" means those combustible gases and liquids commonly referred to as diesel fuel or any other volatile liquid of less than 46 degrees A.P.I. (American petroleum institute) gravity test, except liquid petroleum gas, when actually sold for use in motor vehicles operating upon the public roads and highways within the state of Montana. The term special fuel includes all other types of additives when the additive is mixed or blended into special fuel, regardless of the additive's classifications or uses.
(17) "Special fuel dealer" means:
(a) a person in the business of handling special fuel who delivers any part of the fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by the person;
(b) a person who sells special fuel at a location unattended by the dealer through an unattended pump by use of a cardtrol, keylock, or similar device; or
(c) a person who provides a facility, with or without attended services, from which more than one special fuel user obtains special fuel for use in the fuel supply tank of a motor vehicle not then controlled by the dealer.
(18) (a) "Special fuel user" means a person other than the U.S. government, a state, or a county, incorporated city or
town, or school district of this state who consumes in this state special fuel for the operation of motor vehicles owned or
controlled by the person upon the highways of this state.
(b) The term does not include the U.S. government, a state, a county, an incorporated city or town, or a school district of this state.
(19) "Use", when the term relates to a special fuel user, means the consumption by a special fuel user of special fuels in the operation of a motor vehicle on the highways of this state."
Section 29. Section 15-70-701, MCA, is amended to read:
"15-70-701. Definitions. As used in this part, the following definitions apply:
(1) "Bond" means:
(a) a bond executed by a compressed natural gas dealer or a liquefied petroleum gas dealer as principal with a corporate surety qualified under the laws of Montana, payable to the state of Montana, conditioned upon performance of all requirements of this part, including the payment of all taxes, penalties, and other obligations of the compressed natural gas dealer or the liquefied petroleum gas dealer arising out of this part; or
(b) a deposit with the department by the compressed natural gas dealer or the liquefied petroleum gas dealer, under terms and conditions that the department may prescribe, of certificates of deposit or irrevocable letters of credit issued by a bank and insured by the federal deposit insurance corporation.
(2) "Compressed natural gas" means a product that is used as a fuel and that contains carbon or hydrogen, or both, and is compressed to greater than 24 pounds per square inch absolute base pressure and up to 3,600 pounds per square inch absolute base pressure when sold for use in motor vehicles operated on the public roads and highways of this state.
(3) "Compressed natural gas dealer" or "dealer" means a person who delivers any part of compressed natural gas into the fuel supply tank or tanks of a motor vehicle.
(4) "Department" means the department of transportation.
(5) "Liquefied petroleum gas" means any petroleum product that is sold for use in motor vehicles and that is composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons:
(a) propane;
(b) propylene;
(c) butane, including normal butane or isobutane; or
(d) butylene.
(6) "Liquefied petroleum gas dealer" or "dealer" means a person who delivers any part of liquefied petroleum gas into the fuel supply tank or tanks of a motor vehicle.
(7) "Motor vehicle" means any vehicle that is self-propelled by compressed natural gas or by liquefied petroleum gas and that is driven upon the public roads and highways of this state.
(8) (a) "Person" means a person, firm, association, joint-stock company, syndicate, partnership, or corporation.
(b) When used in any clause prescribing and imposing a fine or imprisonment, or both, as applied to a firm, association,
syndicate, or partnership, person means the partners or members of a firm, association, syndicate, or partnership; as. As
applied to a joint-stock company or corporation, the term means the officers of the joint-stock company or corporation.
(9) "Public roads and highways of this state" means all streets, roads, highways, and related structures that are:
(a) built and maintained with appropriated funds of the United States, the state of Montana, or any political subdivision of the state;
(b) dedicated to public use;
(c) acquired by eminent domain, as provided in Title 60, chapter 4, or Title 70, chapter 30; or
(d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state."
Section 30. Section 23-1-102, MCA, is amended to read:
"23-1-102. Powers and duties of department of fish, wildlife, and parks. (1) The department shall make a study to
determine the scenic, historic, archaeologic, scientific, and recreational resources of the state. and The department may by
purchase, lease, agreement, or acceptance of donations, or condemnation for the purposes outlined in 87-1-209(2) acquire
for the state any areas, sites, or objects which that in its opinion should be held, improved, and maintained as state parks,
state recreational areas, state monuments, or state historical sites. The department, with the consent of the commission,
may acquire by condemnation, pursuant to Title 70, chapter 30, lands or structures for the purposes provided in
87-1-209(2).
(2) The department may in its discretion accept in the name of the state, in fee or otherwise, any areas, sites, or objects
conveyed, entrusted, donated, or devised to the state. It may in its discretion accept gifts, grants, bequests, or contributions
of money or other property to be spent or used for any of the purposes of this part.
(3) A contract, for any of the purposes of this part, may not be entered into or other another obligation incurred until
moneys have money has been appropriated by the legislature or are is otherwise available. and, if If the contract or
obligation pertains to acquisition of areas or sites in excess of either 100 acres or $100,000 in value, until the board of land
commissioners has shall specifically approved such approve the acquisition.
(4) The department also has jurisdiction, custody, and control of all state parks, recreational areas, public camping
grounds, historical sites, and monuments, except wayside camps and other public conveniences acquired, improved, and
maintained by the department of transportation and contiguous to the state highway system. The department may designate
lands under its control as state parks, state historical sites, state monuments, or by any other designation that it considers
appropriate,. The department may remove or change the designation of any area or portion of an area, and may name or
change the name of any area as designated. The department may lease those portions of designated lands which that are
necessary for the proper administration of these the lands in keeping with the basic purpose of this part."
Section 31. Section 35-18-106, MCA, is amended to read:
"35-18-106. Powers of cooperatives. (1) A cooperative has power to may:
(1)(a) sue and be sued in its corporate name;
(2)(b) have perpetual existence;
(3)(c) adopt a corporate seal and alter the same at pleasure seal;
(4)(d) become a member in one or more other cooperatives or corporations or to own stock in other cooperatives or
corporations;
(5)(e) construct, purchase, take, receive, lease as lessee, or otherwise acquire and to own, hold, use, equip, maintain,
and operate and sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or
encumber:
(i) electric transmission and distribution lines or systems,;
(ii) electric generating plants,;
(iii) electric refrigeration plants,;
(iv) telephone lines, facilities, or systems (but not telegraph or radio broadcasting services or facilities) as defined by
law,;
(v) lands, buildings, structures, dams, plants and equipment, and all kinds or classes of real or personal property, which
that may be considered necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is
organized;
(6)(f) purchase or otherwise acquire and own, hold, use, and exercise and sell, assign, transfer, convey, mortgage,
pledge, hypothecate, or otherwise dispose of or encumber franchises, rights, privileges, licenses, rights-of-way, and
easements;
(7)(g) borrow money and otherwise contract indebtedness and issue notes, bonds, and other evidences of indebtedness
and secure the payment of indebtedness by mortgage, pledge, deed of trust, or any other encumbrance upon all of its then
owned then-owned or after-acquired real or personal property, assets, franchises, revenues revenue, or income;
(8)(h) subject to the requirements on the use of public thoroughfares and land that are imposed by the appropriate
authority having jurisdiction over corporations constructing or operating electric transmission and distribution lines or
systems or telephone lines, facilities, or systems, construct, maintain, and operate electric transmission and distribution
lines or telephone, cable television, or broadband lines, facilities, or systems:
(i) along, upon, under, and across all public thoroughfares, including without limitation all roads, highways, streets, alleys, bridges, and causeways; and
(ii) upon, under, and across all publicly owned lands, subject, however, to the same requirements in respect of the use of
the thoroughfares and lands as are imposed by the respective authorities having jurisdiction of them upon corporations
constructing or operating electric transmission and distribution lines or systems or telephone lines, facilities, or systems;
(9)(i) exercise the power of eminent domain in the manner provided by the laws of this state in Title 70, chapter 30, for
the exercise of that power by corporations constructing or operating electric transmission and distribution lines or systems
or telephone lines, facilities, or systems;
(10)(j) conduct its business and exercise all of its powers within or without outside of this state;
(11)(k) adopt, amend, and repeal bylaws; and
(12) in the case of corporations organized under the provisions of 35-18-105(1):
(a) generate, manufacture, purchase, acquire, accumulate, and transmit electric energy and distribute, sell, supply, and
dispose of electric energy in rural areas to its members, to governmental agencies and political subdivisions, and to other
persons not in excess of 10% of the number of its members;
(b) make loans to persons to whom electric energy is or will be supplied by the cooperative for the purpose of and
otherwise to assist those persons in wiring their premises and installing in their premises electrical and plumbing fixtures,
appliances, apparatus, and equipment of all kinds and character and, in connection with electrical and plumbing fixtures,
purchase, acquire, lease, sell, distribute, install, and repair the electrical and plumbing fixtures, appliances, apparatus, and
equipment and accept or otherwise acquire and sell, assign, transfer, endorse, pledge, hypothecate, and otherwise dispose of
notes, bonds, and other evidences of indebtedness and all types of security for electrical and plumbing fixtures;
(c) make loans to persons to whom electric energy is or will be supplied by the cooperatives for the purpose of and
otherwise to assist those persons in constructing, maintaining, and operating electric refrigeration plants;
(13) in the case of corporations organized under the provisions of 35-18-105(2):
(a) improve and expand existing telephone lines, facilities, and systems and construct, acquire, operate, and furnish
additional telephone lines, facilities, and systems as are required to assure the availability of adequate telephone service to
the widest practicable number of users of telephone service;
(b) make loans to persons to whom telephone service is or will be supplied by the cooperative for the purpose of and
otherwise to assist those persons in wiring their premises for telephone service and installing in their premises telephone
fixtures, appliances, apparatus, and equipment of all kinds and character and, in connection with telephone fixtures,
purchase, acquire, lease, sell, distribute, install, and repair the telephone fixtures, appliances, apparatus, and equipment and
accept or otherwise acquire and sell, assign, transfer, endorse, pledge, hypothecate, and otherwise dispose of notes, bonds,
and other evidences of indebtedness and all types of security for telephone fixtures;
(14)(l) do and perform all other acts and things and have and exercise all other powers that may be necessary,
convenient, or appropriate to accomplish the purpose for which the cooperative is organized or authorized under federal
law.
(2) In addition to the powers listed in subsection (1), corporations organized under the provisions of 35-18-105(1) may:
(a) generate, manufacture, purchase, acquire, accumulate, and transmit electrical energy;
(b) distribute, sell, supply, and dispose of electrical energy in rural areas to:
(i) its members;
(ii) governmental agencies and political subdivisions; and
(iii) other persons not in excess of 10% of the number of its members;
(c) make loans to persons to whom electrical energy is or will be supplied by the cooperative to assist those persons in wiring their premises and installing in their premises electrical and plumbing fixtures, appliances, apparatus, and equipment of all kinds and character;
(d) in connection with electrical and plumbing fixtures, purchase, acquire, lease, sell, distribute, install, and repair the electrical and plumbing fixtures, appliances, apparatus, and equipment and accept or otherwise acquire and sell, assign, transfer, endorse, pledge, hypothecate, and otherwise dispose of notes, bonds, and other evidences of indebtedness and all types of security for electrical and plumbing fixtures; and
(e) make loans to persons to whom electrical energy is or will be supplied by the cooperatives for the purpose of and otherwise to assist those persons in constructing, maintaining, and operating electric refrigeration plants.
(3) In addition to the powers listed in subsection (1), corporations organized under the provisions of 35-18-105(2) may:
(a) improve and expand existing telephone lines, facilities, and systems;
(b) construct, acquire, operate, and furnish additional telephone lines, facilities, and systems that are required to ensure the availability of adequate telephone service to the widest practicable number of users of telephone service;
(c) make loans to persons to whom telephone service is or will be supplied by the cooperative to assist those persons in wiring their premises for telephone service and installing in their premises telephone fixtures, appliances, apparatus, and equipment of all kinds and character;
(d) in connection with telephone fixtures, purchase, acquire, lease, sell, distribute, install, and repair the telephone fixtures, appliances, apparatus, and equipment; and
(e) accept or otherwise acquire and sell, assign, transfer, endorse, pledge, hypothecate, and otherwise dispose of notes, bonds, and other evidences of indebtedness and all types of security for telephone fixtures."
Section 32. Section 35-20-104, MCA, is amended to read:
"35-20-104. Effect of filing -- powers of association -- eminent domain. Whenever such When a certificate of
incorporation is duly acknowledged, and recorded, and filed as provided in the last section 35-20-103, the association
mentioned therein shall be deemed is considered legally incorporated and shall have has the general powers and privileges
of corporations with the right to sue and be sued and to continue perpetually. and in addition thereto such corporations shall
have the right and power to The association may also take private property for public use to be used exclusively for a
cemetery or place of burial of the dead. Such The power of eminent domain to must be exercised under the provisions of
Title 70, chapter 30."
Section 33. Section 53-2-201, MCA, is amended to read:
"53-2-201. Powers and duties of department. (1) The department shall:
(a) administer and supervise public assistance, including the provision of food stamps, food commodities, FAIM financial assistance, as defined in 53-2-902, energy assistance, weatherization, vocational rehabilitation, services for persons with severe disabilities, developmental disability services, medical care payments in behalf of recipients of public assistance, employment and training services for recipients of public assistance, and other programs as necessary to strengthen and preserve families;
(b) give consultant service to private institutions providing care for adults who are needy, indigent, or dependent or who have disabilities;
(c) cooperate with other state agencies and develop provisions for services to the blind, including the prevention of blindness, the location of blind persons, medical services for eye conditions, and vocational guidance and training of the blind;
(d) provide services in respect to organization and supervise county departments of public welfare and county boards of public welfare in the administration of public assistance functions and for efficiency and economy;
(e) assist and cooperate with other state and federal departments, bureaus, agencies, and institutions, when requested, by performing services in conformity with public assistance purposes;
(f) administer all state and federal funds allocated to the department for public assistance and do all things necessary, in conformity with federal and state law, for the proper fulfillment of public assistance purposes;
(g) make rules governing payment for services and supplies provided to recipients of public assistance; and
(h) adopt rules regarding assignment of monetary and medical support upon application for FAIM financial assistance, as defined in 53-2-902, and related medical assistance.
(2) The department may:
(a) purchase, exchange, condemn, as provided in Title 70, chapter 30, or receive by gift either real or personal property that is necessary to carry out its public assistance functions. Title to property obtained under this subsection must be taken in the name of the state of Montana for the use and benefit of the department.
(b) contract with the federal government to carry out its public assistance functions. The department may do all things necessary in order to avail itself of federal aid and assistance.
(c) make rules, consistent with state and federal law, establishing the amount, scope, and duration of services to be provided to recipients of public assistance."
Section 34. Section 60-1-103, MCA, is amended to read:
"60-1-103. General definitions. Subject to additional definitions contained in this title that are applicable to specific chapters or sections and unless the context otherwise requires, the following definitions apply:
(1) "Abandonment" means cessation of use of right-of-way or an easement or cessation of activity on the right-of-way or easement with no intention to reclaim or use again. Abandonment is sometimes called vacation.
(2) "Bridge" means any bridge constructed by the department, together with all appurtenances, additions, alterations, improvements, and replacements and the approaches to the bridge, lands used in connection with the bridge, and improvements incidental or integral to the bridge.
(3) "Commission" means the transportation commission provided for in 2-15-2502.
(4) "Condemnation" means taking by exercise of the right of eminent domain, as provided in Title 70, chapter 30, and chapter 4 of this title.
(5) "Construction" means supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, mapping, and costs of right-of-way or other interests in land and elimination of hazards at railway grade crossings.
(6) "Control of access" means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.
(7) "County road" means any public highway opened, established, constructed, maintained, abandoned, or discontinued by a county in accordance with Title 7, chapter 14.
(8) "Department" means the department of transportation provided for in Title 2, chapter 15, part 25.
(9) "Director" means the director of transportation, a position provided for in 2-15-2501.
(10) "Easement" means a right acquired by public authority to use or control property for a designated purpose.
(11) "Eminent domain" means the right of the state to take private property for public use.
(12) "Federal-aid highway" means a public highway that is a portion of any of the federal-aid highway systems.
(13) "Federal-aid highway systems" means all of the systems named as part of the systems and their urban extensions.
(14) "Federal-aid interstate system" means that system of public highways selected by the commission in cooperation with adjoining states, subject to the approval of the secretary of commerce, as provided in Title 23, U.S.C.
(15) "Federal-aid primary system" means that system of connected public highways designated by the commission, subject to the approval of the secretary of commerce, as provided in Title 23, U.S.C.
(16) "Federal-aid secondary system" means that system of public highways not in the federal-aid primary or interstate systems selected by the commission in cooperation with the boards of county commissioners, subject to the approval of the secretary of commerce, as provided in Title 23, U.S.C.
(17) "Fee simple" means an absolute estate or ownership in property, including unlimited power of alienation.
(18) "Highway" includes rights-of-way or other interests in land, embankments, retaining walls, culverts, sluices, drainage structures, bridges, railroad-highway crossings, tunnels, signs, guardrails, and protective structures.
(19) "Highway", "road", and "street", whether the terms appear together or separately or are preceded by the adjective "public", are general terms denoting a public way for purposes of vehicular travel and include the entire area within the right-of-way.
(20) "Highway authority" means the entity at any level of government authorized by law to construct and maintain highways.
(21) "Maintenance" means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and traffic-control devices that are necessary for the safe and efficient use of the highway.
(22) "Public highways" means all streets, roads, highways, bridges, and related structures:
(a) built and maintained with appropriated funds of the United States or the state or any political subdivision of the state;
(b) dedicated to public use;
(c) acquired by eminent domain, as provided in Title 70, chapter 30, and chapter 4 of this title; or
(d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state.
(23) "Right-of-way" is a general term denoting land, property, or any interest in land or property, usually in a strip, acquired for or devoted to highway purposes.
(24) "Scenic-historic byway" means a public road or segment of a public road that has been designated as a scenic-historic byway by the commission, as provided in 60-2-601.
(25) "State highway" means any public highway planned, laid out, altered, constructed, reconstructed, improved, repaired, maintained, or abandoned by the department."
Section 35. Section 60-5-104, MCA, is amended to read:
"60-5-104. Powers of highway authorities. (1) Those authorities of the state, counties, and municipalities authorized
to participate in construction and maintenance of highways may plan, designate, establish, regulate, vacate, alter, improve,
maintain, and provide controlled-access facilities for public use. Each such authority shall by resolution make the findings
and determinations provided for in 60-5-103 in order to designate a highway as a controlled-access facility.
(2) The highway authorities of the state, counties, incorporated cities, and towns, respectively, or in cooperation each
with the other, may acquire private or public property and property rights for controlled-access highways or
controlled-access facilities and service roads. Such The property rights may include rights of access, air, view, and light.
They The property and property rights may be acquired by gift, devise, purchase, or condemnation, in the same manner as
may now or hereafter be authorized by law as provided in Title 70, chapter 30, and chapter 4 of this title, for the acquisition
of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.
(3) Within incorporated cities and towns and upon county roads or secondary highways, the department of
transportation shall may not control access without the consent of the appropriate governing body.
(4) Each authority may also exercise with relation to controlled-access facilities any and all additional current or future
authority now or hereafter vested in it has over highways, roads, or streets within its respective jurisdiction. It Each
authority may, within its jurisdiction, regulate, restrict, or prohibit the use of controlled-access facilities by any vehicles or
traffic."
Section 36. Section 67-2-301, MCA, is amended to read:
"67-2-301. State airports -- acquisition. (1) The department may, on behalf of and in the name of this state:
(a) acquire real or personal property by purchase, gift, devise, lease, condemnation proceedings pursuant to Title 70, chapter 30, or otherwise for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities;
(b) acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police airports, restricted landing areas, and other air navigation facilities either within or outside of this state;
(c) prior to acquisition, make investigations, surveys, and plans;
(d) erect, install, construct, and maintain facilities at those airports for the servicing of aircraft and for the comfort and accommodation of air travelers; and
(e) dispose of any property, airport, restricted landing area, or any other air navigation facility by sale, lease, or
otherwise in accordance with the laws of this state governing the disposition of other like similar property of the state.
(2) The department may not, however, acquire or take over an airport, restricted landing area, or other air navigation
facility owned or controlled by a municipality of this state without the consent of the municipality. The department may
erect, equip, operate, and maintain on at an airport, all buildings and equipment necessary and proper to establish, maintain,
and conduct the airport and air navigation facilities connected with it the airport.
(3) Where When necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing
airports and restricted landing areas acquired or operated under the provisions of this title, the department may acquire, in
the manner provided for the acquisition of property for airport purposes, easements through or other interests in air space
over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas, and such
other airport protection privileges as that are necessary to ensure safe approaches to the landing areas of airports and
restricted landing areas and the safe and efficient operation of them. The department may also acquire in the same manner
the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and
suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from the airport
hazards for the purpose of maintaining and repairing the lights and marks. This authority does not limit the right, power, or
authority of the state or a municipality to zone property adjacent to an airport or restricted landing area pursuant to a law of
this state.
(4) The department may engage in all those the activities listed in subsections (1) through (3) jointly with the United
States, with other states, and with municipalities or other agencies of this state.
(5) For the purpose of acquiring any property which that it is authorized to acquire, the department may exercise the
right of eminent domain, in the name of the state, in the manner provided by the laws of this state for the acquisition of real
property for public purposes in Title 70, chapter 30. The acquisition of property for any of those the purposes listed in this
section is a public use."
Section 37. Section 67-5-202, MCA, is amended to read:
"67-5-202. Regulation of existing structures -- power of acquisition. With respect to any A building or other
structure existing on February 7, 1939, which that does not conform to the height regulations of this chapter in the manner
of height, is subject to acquisition by the governmental entity owning or operating an airport or landing field. In order to
protect its own airports and landing fields and to implement this chapter, the governmental authority affected thereby
(whether the United States, the state of Montana, the several counties, or the several municipalities) in its own right and
name, to protect its own airports and landing fields and to carry out the purposes and provisions of this chapter, shall have
and is hereby given the right and authority to may acquire by purchase, grant, or condemnation pursuant to Title 70, chapter
30, such an estate or interest in any such building, or structure, or other object, whether a natural object or not, and/or and
in the lands upon which it is situated as that is necessary to vest full and absolute ownership and control in perpetuity of the
space above such the land. The acquisition is limited to the extent necessary to correct or abate the height of any such
nonconforming building, or other structure, or object to meet the requirements of this chapter as with respect to height
limitation within the designated zones designated."
Section 38. Section 67-6-301, MCA, is amended to read:
"67-6-301. Acquisition of property rights when zoning not sufficient. The political subdivision within which the
property or nonconforming use is located or the political subdivision owning the airport or served by it the airport may
acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are
authorized to acquire real property for public purposes pursuant to Title 70, chapter 30, such an air right, aviation easement,
or other estate or interest in the property or nonconforming structure or use in question as may be that is necessary to
effectuate the purposes of this chapter,. in any case in which The governmental entity may acquire an interest when:
(1) it is desired desirable to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the necessary approach protection necessary cannot, because of constitutional limitations, be provided by airport
zoning regulations under this chapter; or
(3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations."
Section 39. Section 67-10-102, MCA, is amended to read:
"67-10-102. Acquisition and establishment of airports and landing fields. (1) Counties, cities, and towns in this
state may, either individually or by the joint action of a county and one or more of the cities and towns within its border the
county, acquire by gift, deed, purchase, or condemnation pursuant to Title 70, chapter 30, land for airport or landing field
purposes. and thereon The local governments may use the land to establish, construct, own, control, lease, equip, improve,
operate, and regulate airports or landing fields for the use of airplanes and other aircraft and may use for such purpose or
purposes any property suitable therefor that now or may at any time hereafter be acquired, owned, or controlled by such
county, city, or town.
(2) In addition, a county, city, or town may do the acts authorized exercise the authority granted by this section by
acting jointly with one or more counties, with one or more cities, with one or more towns, or with any combination of such
counties, cities, or towns. Such A multijurisdictional airport need is not required to be located, in whole or in part, within
the limits of each subdivision participating in the joint venture."
Section 40. Section 67-10-103, MCA, is amended to read:
"67-10-103. Public purpose. (1) Any lands Land acquired, owned, controlled, or occupied by any a county, city, or
town, individually or pursuant to joint action as herein provided for the purposes enumerated in 67-10-102, are is acquired,
owned, controlled, and occupied for a public use and as a matter of public necessity,. and such counties Counties, cities,
and towns, whether acting individually or jointly, have the right to acquire property for such the enumerated purposes under
the power of eminent domain as and for a public use or necessity provided in Title 70, chapter 30.
(2) The following are public and governmental functions, exercised for a public purpose and as matters of public necessity:
(a) the acquisition of any land or an interest therein in land pursuant to this chapter;
(b) the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards; and
(c) the exercise of any other powers herein granted in this chapter to municipalities and other public agencies, to be
severally or jointly exercised, are public and governmental functions, exercised for a public purpose and matters of public
necessity and, in the case of any county, are county functions and purposes as well as public and governmental and, in the
case of any municipality other than a county, are municipal functions and purposes as well as public and governmental.
(3) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity and, in the case of a county or municipality, for county or municipal purposes, respectively."
Section 41. Section 67-10-201, MCA, is amended to read:
"67-10-201. General municipal powers. (1) Every A municipality may, out of any appropriations or other money
made available for such airport purposes, plan, establish, develop, construct, enlarge, improve, maintain, equip, operate,
regulate, protect, and police airports and air navigation facilities, either within or without outside of the territorial limits of
such the municipality and within or without outside of the territorial boundaries of this state,. including The airport
purposes include the construction, installation, equipment equipping, maintenance, and operation at such airports of
buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers and the
purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such
purposes the A municipality may use any available property that it may now or hereafter own or control and may, owns or
controls for airport purposes. A municipality may acquire real or personal property or any interest in property by purchase,
gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise, acquire property, real or
personal, or any interest therein,. A municipality may also acquire property interests, including easements, in airport
hazards or land outside the boundaries of an airport or airport site, as is that are necessary to:
(a) permit safe and efficient operation of the airport;
(b) to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or
(c) to prevent the establishment of airport hazards.
(2) The municipality may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30,
or otherwise, acquire existing airports and air navigation facilities,. provided however it However, a municipality may not
acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of
this or any other state without the consent of such the municipality or public agency.
(3) For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the
territorial limits of the municipality, airports in, over, and upon any public waters of this state, any submerged lands under
such public waters, and any artificial or reclaimed lands which that before the artificial making or reclamation thereof
constituted a portion of the submerged lands under such the public waters,. and A municipality may construct and maintain
terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport,
and may construct and maintain landing floats and breakwaters for the protection thereof of the other improvements.
(4) All air navigation facilities established or operated by municipalities shall must be supplementary to and
coordinated in design and operation with those air navigation facilities established and operated by the federal and state
governments.
(5) A municipality may enter into any contracts necessary for the execution of the powers granted it and for the
purposes provided by this chapter."
Section 42. Section 67-10-205, MCA, is amended to read:
"67-10-205. Joint airport board. (1) Public agencies acting jointly pursuant to 67-10-204 through 67-10-206 shall
create a joint board which shall that must consist of members appointed by the governing body of each participating public
agency. Per diem and mileage of such the joint board may be set by resolution of the board of county commissioners. The
number of members to be appointed and their term shall terms must be provided for in the joint agreement. Each such A
joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend
rules for its own procedure. The joint board shall have power to may plan, acquire, establish, develop, construct, enlarge,
improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be
jointly acquired, controlled, and operated;. and such Subject to subsection (2), the board may exercise on behalf of its
constituent public agencies all the powers of each public agency with respect to such the airport, air navigation facility, or
airport hazard, subject to the limitations of subsection (2) of this section.
(2) (a) The total expenditures to be made by the joint board for any purpose in any calendar year shall must be
determined by a budget approved by the governing bodies of its constituent public agencies.
(b) No An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of
sums therefor fixed by the joint agreement or allotted in the annual budget, may not be acquired by the joint board without
the approval of the governing bodies of its constituent public agencies.
(c) Eminent domain proceedings authorized under 67-10-204 through 67-10-206 and conducted as provided in Title 70,
chapter 30, may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board.
If so authorized, such eminent domain proceedings shall must be instituted in the names of the constituent public agencies
jointly, and the property so acquired shall must be held by said the public agencies as tenants in common until conveyed by
them to the joint board.
(d) The joint board shall may not dispose of any airport, air navigation facility, or real property under its jurisdiction
except with the consent of the governing bodies of its constituent public agencies,. provided that However, the joint board
may, without such consent, enter into the contract, lease, or other arrangements contemplated by 67-10-302.
(e) Any resolutions, rules, or orders of the joint board dealing that deal with subjects authorized by 67-10-301 shall
become are effective only upon approval of the governing bodies of the constituent public agencies,. provided that upon
such Upon approval, the resolutions, rules, or orders of the joint board shall have the same force and effect in the territories
or jurisdictions involved as that the ordinance, resolutions, rules, or orders of each public agency would have in its own
territory or jurisdiction."
Section 43. Section 67-10-221, MCA, is amended to read:
"67-10-221. Airport property -- acquisition by eminent domain. In the acquisition of property by eminent domain
proceedings authorized by this chapter, the municipality shall proceed in the manner as provided by the laws governing
eminent domain of the state of Montana in Title 70, chapter 30. The municipality is not precluded from abandoning such
the proceedings in any case where in which possession of the property has not been taken."
Section 44. Section 67-11-201, MCA, is amended to read:
"67-11-201. General powers of authority. An authority has all the powers necessary or convenient to carry out the
purposes of this chapter, including, subject to 15-10-420, the power to certify annually to the governing bodies creating it
the amount of tax to be levied by the governing bodies for airport purposes. and including but not limited to the power
Authority powers include but are not limited to the power to:
(1) sue and be sued, have a seal, and have perpetual succession;
(2) execute contracts and other instruments and take such other action as that may be necessary or convenient to carry
out the purposes of this chapter;
(3) plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this state and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation at the airports or buildings and other facilities for the servicing of aircraft or for comfort and accommodation of air travelers and the purchase and sale of supplies, goods, and commodities that are incident to the operation of its airport properties. For the authorized purposes, an authority may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, that is necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.
(4) establish comprehensive airport zoning regulations in accordance with the laws of this state;
(5) acquire, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, existing airports and air
navigation facilities;. provided, however However, an authority may not acquire or take over any airport or air navigation
facility owned or controlled by another authority, a municipality, or a public agency of this or any other state without the
consent of the authority, municipality, or public agency;.
(6) establish or acquire and maintain airports in, over, and upon any public waters of this state or any submerged lands under public waters, provided that the authority has obtained the approval of the owner or agency that controls the water, and construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any airport and landing floats and breakwaters for the protection of the airport."
Section 45. Section 67-11-204, MCA, is amended to read:
"67-11-204. Joint board. (1) Public agencies acting jointly pursuant to 67-11-203 through 67-11-205 shall create a
joint board which shall that must consist of members appointed by the governing body of each participating public agency.
The number of members to be appointed and their term terms and compensation, if any, shall must be provided for in the
joint agreement. Each A joint board shall organize, select officers for such terms as that are fixed by the agreement, and
adopt and amend from time to time rules for its own procedure. The joint board, as agent of the participating public
agencies, may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and
police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated;. and the
Subject to subsection (2), the board may be authorized by the participating public agencies to exercise on behalf of its
constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport
hazard, subject to the limitations of subsection (2) of this section.
(2) (a) The total expenditures to be made by the joint board for any purpose in any a calendar year shall must be as
determined by a budget approved by the constituent public agencies on or before the preceding June 10 or as otherwise
specifically authorized by the constituent public agencies.
(b) No An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of
sums fixed therefor by the joint agreement or allotted in the annual budget, may not be acquired, established, or developed
by the joint board without the approval of the governing bodies of its constituent public agencies.
(c) Eminent domain proceedings under 67-11-203 through 67-11-205 and Title 70, chapter 30, may be instituted by the
joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized,
such the proceedings shall must be instituted in the names of the constituent public agencies jointly, and the property so
acquired shall must be held by the public agencies as tenants in common.
(d) The joint board may not dispose of any airport, air navigation facility, or real property under its j