60-4-103. Purposes for which property acquired. - Montana Statutes

     60-4-103. Purposes for which property acquired. The acquisition of lands or other property or any interest therein for present or future highway purposes includes but is not limited to any of the following purposes:
     (1) for rights-of-way, including those necessary for highways within cities;
     (2) for exchanging lands or other property or any interest therein for other such lands or interests for rights-of-way or other authorized purposes. The right of eminent domain shall not be exercised for this purpose.
     (3) for deposits of road building materials, including rock, gravel, sand, and earth, for reasonably foreseeable future road-building purposes and uses. The right of eminent domain shall not be exercised to acquire any such deposits which constitute a component part of an existing private business enterprise.
     (4) for offices, weighing stations, shops, storage yards, buildings, rest areas, informational sites, or communication facilities;
     (5) for parks adjoining or near any highway;
     (6) for the culture and support of trees or shrubs which benefit any highway by aiding in the maintenance and preservation of the roadbed;
     (7) for drainage in connection with any highway;
     (8) for the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public;
     (9) for the construction and maintenance of stock lanes or trails;
     (10) for the construction and maintenance or replacement of private or public drainage systems or natural water or drainage courses made necessary by highway construction;
     (11) for providing land or other real property easements or rights-of-way for necessary relocation of existing utilities, utility easements, or other easements for facilities or purposes then in place or in effect upon a proposed right-of-way.

     History: En. Sec. 8-103, Ch. 197, L. 1965; R.C.M. 1947, 32-3903.