Title 60, Title 60

During the interim between legislative sessions, the department of transportation is delegated power and authority to develop formulas to apportion state construction funds in an equitable manner consistent with the intent of this title to match federal-aid funds for highway syst…

The federal-aid highway funds allocated to the primary highway system for construction purposes must be apportioned among the five financial districts, corresponding to and congruent with the transportation commission districts established in 2-15-2502.

This part may be cited as the "Montana Shared-Use Path Act".

As used in this part, "shared-use path" means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, ska…

(1) (a) Subject to the provisions of subsection (1)(b), the commission or the department or a county or city, with funds received from the commission or the department, may construct or extend a shared-use path: (i) wherever a highway, road, or street is being constructed, recons…

(1) The allocation of available funds for the maintenance, repair, and establishment of shared-use paths and the expenditure of funds as authorized by this part are primarily for the maintenance and repair of shared-use paths and for the promotion of traffic safety on the highway…

The department of transportation shall, to the extent funds are available pursuant to 60-3-309: (1) establish a project for the maintenance and repair of shared-use paths described in this part and for educating users of shared-use paths; (2) contract for services to produce, dis…

(1) Of the total funds in the account established in 61-3-321(21)(a): (a) in fiscal year 2018 only, an amount not to exceed $50,000 must be transferred to the department of justice to reprogram the software and equipment of the department and the department's vendor to accommodat…

By taking or accepting land for a highway, the public may acquire either a fee simple or any lesser estate or interest.

Notwithstanding any other provision of law, the department of transportation may acquire by purchase or other lawful manner lands or other real property, excluding oil, gas, and mineral rights, that it considers reasonably necessary for present or future highway purposes. The dep…

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 p…

(1) Subject to subsections (4) and (5), whenever the department cannot acquire lands or other property or interests in the lands or property at a price or cost that it considers reasonable, it may direct the attorney general or any county attorney to procure the interests by proc…

(1) Whenever any interest in a part of a parcel of land or other real property is to be acquired for highway purposes leaving the remainder in a shape or condition as to be of little market value or to give rise to claims or litigation over severance or other damage, the departme…

(1) The power conferred by this chapter to acquire interests in lands or other real property includes power to acquire for reasonably foreseeable future needs. (2) The department may lease unused portions of lands or other real property which are held for highway purposes and int…

(1) A right-of-way or easement acquired by the department for construction, operation, repair, reconstruction, or maintenance of highways includes, among others, the right to use, remove, relocate, redistribute, or otherwise dispose of gravel and other road-building materials fou…

(1) Whenever the department files a right-of-way plan as provided in 60-2-209, no consideration, allowance, or assessment of values or compensation may be made in the purchase or condemnation of buildings or improvements or subdivisions placed or erected on the land covered by th…

(1) Whenever the department acquires irrigable land for highway purposes or so acquires land as to render other irrigable land unusable for irrigation, it shall pay to the owner of the irrigation or drainage project, in addition to other sums allowed by law, a proportionate share…

(1) Whenever any commission-designated highway system or state highway is laid out on public lands across any railroad, canal, or ditch, the owners or users thereof must, at their expense, prepare the railroad, canal, or ditch so that the highway may cross it without damage or de…

(1) The highway authorities of the state, counties, incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. Such…

(1) A commission-designated highway system or state highway, once established, must continue until it is abandoned or vacated by operation of law, by judgment of a court of competent jurisdiction, or by a proper order of the commission. (2) An interest in real property acquired f…

(1) The department may sell unnecessary highway property. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an i…

(1) To sell unnecessary highway property pursuant to 60-4-202, the department shall publish notice of the sale once a week for 4 successive weeks in a newspaper published in the county in which the interest is located and on the department's website. The sale may be held in perso…

(1) If, after proper notice is published, the department does not receive a bid at public sale or an offer from the original owner or the owner's successor in interest, it may at any time sell the interest at private sale. At the sale, the department may accept as the purchase pr…

(1) The department may sell at public or private sale, as it determines, an interest in personal property, however acquired by it, which it determines is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway. (2) The department may sell…

(1) Land or an interest in land sold by the department may be conveyed only when full payment has been made for it. Except as provided in subsection (2), land or an interest in land must be conveyed by a deed or patent of conveyance without covenants, stating that the deed or pat…

(1) The department may exchange unnecessary highway property, either as entire or partial consideration, for any other interest in real property needed for highway purposes. The department may establish the manner of the exchange and the terms and conditions for it. (2) Before ma…

(1) Following abandonment by the state in the manner provided in 60-2-107 and subsection (2) of this section of an interest in real property acquired for the purpose of establishing a highway, the owner of contiguous real property or the owner's successor in interest is vested wi…

The purpose of 60-4-213 through 60-4-218 is to provide for the disposal of an interest in real property that the department has determined is not necessary to the laying out, altering, construction, improvement, or maintenance of a road or highway by right-of-way abandonment.

As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply: (1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the right-of-way abandonment has been ordered by the commission. (2) "Conti…

(1) The provisions of 60-2-107(1) through (3) do not apply to abandonment under 60-4-213 through 60-4-218. (2) The provisions of 60-2-107(4) and (5) apply to right-of-way abandonment under 60-4-213 through 60-4-218 to the extent that reasonable access must remain after the right-…

(1) Upon receipt of a petition, in writing, for the right-of-way abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder. (2) …

(1) Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that: (a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursua…

(1) The department is not responsible for apportioning the abandoned interest among the owners of the contiguous property, and the provisions of 60-4-212(3) do not apply to the right-of-way abandonment. (2) By effecting the right-of-way abandonment, neither the department nor the…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) (a) "Cost of relocation" means the amount paid by the utility for material, labor, and equipment properly attributable to the relocation after deducting any increase in the value of …

(1) The department shall adopt reasonable rules governing right-of-way occupancy by a utility for the following: (a) installation, construction, maintenance, repair, or system upgrade of all utilities on commission-designated highway systems or state highways; (b) except as provi…

(1) Except as otherwise provided in this section, 75% of all costs of relocation, dismantling, and removal must be paid by the department as a cost of commission-designated highway systems construction. (2) The department shall pay for the entire cost of relocating a publicly own…

(1) The department shall maintain a list of entities working on broadband deployment in the state. (2) When the department plans a state highway construction project or a project authorized under 60-4-601 involving construction methods suitable for installing broadband conduit in…

(1) The department of transportation may grant a right-of-way use agreement for the use of longitudinal right-of-way along interstate highways in the state for eligible projects that: (a) provide evidence that construction and completion will result in a significant investment, a…

The legislature declares it to be the policy of this state to facilitate the flow of traffic and promote public safety by controlling access to: (1) interstate highways; (2) throughways and intersections with throughways; (3) other commission-designated highway systems and state …

As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Arterial highway" means a state highway designated by the commission as part of the noninterstate component of the national highway system, the primary highway system, and any hi…

(1) A portion of any interstate highway, throughway or throughway intersection, or other commission-designated highway system or state highway may not be designated as a controlled-access highway unless the commission adopts a resolution so designating it. The resolution must be …

(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 authori…

(1) Each highway authority may so design any controlled-access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In so doing, it may divide and separate any controlled-access facility into separate roadways by …

(1) Each highway authority may provide for elimination of intersections at grade of controlled-access highways or controlled-access facilities with existing commission-designated highway systems and state highways, county roads, and city or town streets. Elimination must be accom…

(1) In connection with the development of any controlled-access highway or facility, each highway authority may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets. Each authority may designate as local service roads and…

Frontage roads shall be maintained by the department of transportation.