UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT IT IS NOT SUFFICIENT FOR AN EMINENT DOMAIN CONDEMNOR TO SHOW THAT THE TAKING IS REASONABLY REQUISITE AND PROPER TO THE USE FOR WHICH PROPERTY IS SOUGHT TO BE TAKEN; PROVIDING THAT THE CONDEMNOR SHALL SHOW THAT THE USE CANNOT BE ACCOMPLISHED WITHOUT THE TAKING; AND AMENDING SECTION 70-30-111, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-30-111, MCA, is amended to read:
"70-30-111. Facts necessary to be found before condemnation. Before property can may be taken, the plaintiff must
shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings:
(1) that the use to which it is to be applied is a use authorized by law;
(2) that the taking is necessary and indispensable to such the use;. It is not sufficient to show that the taking is
reasonably requisite and proper to the use. It must be shown that the use cannot be accomplished without the taking.
(3) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use;
(4) that an effort to obtain the interest sought to be condemned was made by submission of a written offer and that such
the offer was rejected."
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Latest Version of LC 925 (LC0925.01)
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Status of this Bill
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