Compensation For Property

Mont. Code Ann. § 82-2-223, under Rights-of-Way and Eminent Domain.

Mont. Code Ann. § 82-2-223

(1) The measure of compensation for the property located within 300 yards of the surfaced tract condemned shall be the fair market value or the value of similar property in a similar area not affected by open-pit mining operations, whichever the owner of the surface property shall elect to receive. (2) The measure of compensation for a building owned by the city, county, or state shall be the value of the cost of replacing the building in a similar area not affected by open-pit mining operations.