Title 27, Title 27

(1) A private nuisance is a condition arising out of the use of real property that: (a) is injurious to health or safety, indecent or offensive to the senses of an individual on an adjacent or neighboring property, or (b) obstructs the free use of an adjacent of neighboring prope…

This chapter abrogates the common law of public nuisance and private nuisance in this state to the extent common law is inconsistent with this chapter.

A public nuisance may be abated by a government entity or officer authorized by law. A person may abate a public nuisance that is specially injurious to that person by removing or, if necessary, destroying the thing that constitutes the nuisance, as long as doing so would not con…

(1) A person may be subject to a public nuisance cause of action only if that person proximately caused the public nuisance at the time the public nuisance was created, which includes controlling, or instructing another person to engage in, the activity that proximately caused th…

(1) A public nuisance cause of action is available to a government entity only if the public nuisance is within the jurisdiction of that government entity. Past, current, or future expenditures made by a government entity related to injunction of or any other response to a public…

(1) A public nuisance cause of action is available to a private person only if that person has sustained a special injury proximately caused by the public nuisance and only if the person can show the existence of the special injury by clear and convincing evidence. (2) A special …

An action for private nuisance may be brought by a person whose property is injuriously affected or whose personal enjoyment of property is lessened by the private nuisance.

(1) A person may be subject to a private nuisance cause of action only if that person, or the person's agent, proximately caused the private nuisance or, if that person is not available for a private nuisance lawsuit or cannot satisfy a private nuisance judgment, the person who o…

The remedies against a private nuisance are: (1) injunctive relief to enjoin an activity proximately causing the private nuisance; (2) monetary and nonmonetary resources, if quantifiable, that a court determines are reasonably necessary to abate the private nuisance based on rele…

A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the private nuisance so long as doing so would not constitute committing a breach of the peace or cause unnecessary injury. When a private nuisance results from…

All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both…

Any religious, benevolent, literary, or scientific corporation or any corporation bearing or using or being known by the name of any benevolent or charitable order or society may by petition apply to the district court of the county in which its articles of incorporation were ori…

Applications for change of names must be heard and determined by the district court.

(1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 su…

At any time before such hearing, objections may be filed by any person who can, in such objections, show to the court or judge good reasons against such change of name.

On the day set for the hearing of said petition or at any time to which the hearing is continued or postponed, due proof of the publication or posting of the required notice as set out in 27-31-201 being made, such application must be heard. On the hearing the court or judge may …

The court or judge may make an order changing the name or dismissing the applications, as to the court or judge may seem right and proper.

For the purpose of having a judicial determination of the date of birth, any citizen of the United States, either natural born or naturalized, may file a petition with the clerk of the district court of the county of the citizen's residence.

(1) The petition must be duly verified by the petitioner. The petition must state: (a) that the petitioner is a citizen of the United States; (b) that the petitioner has resided in the state of Montana for 1 year preceding the commencement of the action and in the county in which…

The district courts of this state shall have exclusive jurisdiction to hear and determine all petitions hereunder.

The petitioner, upon the filing of the petition, shall pay to the clerk of court the fee for commencing an action, as provided for in 25-1-201, and upon the entry of judgment, the applicant shall pay to the clerk of court an additional fee for entry of judgment, as provided for i…

Upon the filing of this petition with the clerk of the district court, an order shall be made by the court or judge thereof fixing the date of the hearing of the petition and directing that notice of such hearing be given as in such order set forth. Notice shall be given by posti…

Any citizen of the United States may appear and object to the granting of such petition, but all such objections shall be made in writing.

At the time fixed for the hearing of such petition, the petitioner must appear and testify. Upon the hearing thereof, affidavits shall be received in evidence and shall have the same force and effect as if the testimony had been taken by deposition.

If upon the hearing of the petition it shall appear that the petitioner is entitled to have judgment entered as herein provided but that the petition has been filed in the wrong county, then the court shall, by appropriate order, direct that the proceeding be transferred to the p…

If the court is satisfied by competent evidence of the sufficiency of the petition that the applicant is a citizen of the United States, that the applicant has been a citizen of the state of Montana for 1 year preceding the filing of the petition and of the county for more than 9…

The clerk of the court shall certify to two copies of a judgment and file one with the department of public health and human services, Helena, and the other with the clerk and recorder of the county in which the judgment was obtained.

Any citizen may appeal from the judgment rendered the same as in civil actions.

This part may be cited as the "Montana Religious Freedom Restoration Act".

The legislature finds that: (1) the framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the United States constitution; (2) the framers of the Montana constitution, recognizing …

The purpose of this part is: (1) to restore the compelling governmental interest test and to guarantee its application in all cases in which the exercise of religion is substantially burdened by state action; and (2) to provide a claim or defense to a person or persons whose exer…

As used in this part, the following definitions apply: (1) "Compelling governmental interest" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion. (2) "Exercise of religion" means the practice or observan…

(1) State action may not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion: (a) is essential to further a com…

This chapter may be cited as the "Uniform Public Expression Protection Act".

(1) Except as otherwise provided in subsection (2), this chapter applies to a claim for relief asserted in a civil action against a person based on the person's: (a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (b) communi…

Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a civil action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for ex…

(1) Except as otherwise provided in subsections (4) through (8), on the filing of a motion under 27-34-103: (a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (b) on motion by the moving pa…

(1) The court shall hear a motion under 27-34-103 not later than 60 days after filing of the motion unless the court orders a later hearing: (a) to allow discovery under 27-34-104(4); or (b) for other good cause. (2) If the court orders a later hearing under subsection (1)(a), th…

In ruling on a motion under 27-34-103, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Montana Rules of Civil Procedure.

(1) In ruling on a motion under 27-34-103, the court shall dismiss with prejudice a civil action, or part of a civil action, if: (a) the moving party establishes under 27-34-102(1) that the act applies; (b) the responding party fails to establish under 27-34-102(2) that this chap…

The court shall rule on a motion under 27-34-103 not later than 60 days after a hearing under 27-34-105.

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under 27-34-103. The appeal must be filed not later than 30 days after entry of the order in a civil action between private parties, and not later than 60 days after entry of the o…

On a motion under 27-34-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) to the responding party if the responding party prevails …

This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association guaranteed by the United States constitution or the Montana constitution.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.