Title 70, Title 70

In all cases of sales of property, the terms must be made known at the time; and if the premises consist of distinct farms and lots, they must be sold separately.

(1) Neither of the referees nor any person for the benefit of either of them can be interested in any purchase, nor can a guardian of a minor party be interested in the purchase of any real property being the subject of the action except for the benefit of the minor. (2) All sale…

When a party entitled to a share of the property or an encumbrancer entitled to have a lien paid out of the sale becomes a purchaser, the referees may take the purchaser's receipt for as much of the proceeds of the sale as belongs to the purchaser.

The court must, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit and for that portion of which the purchase money is required by the provisions herein contained to b…

The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of parts of the property that are directed by the court to be sold on credit for the: (1) shares of any known owner of full age, in the name of the owner; (2) …

When the security of the proceeds of sale is taken or when an investment of any proceeds is made, it must be done, except as otherwise provided in this part, in the name of the clerk of the court where the papers are filed and the clerk's successors in office, who shall hold the …

When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are respectively entitled or when shares and proportions have…

(1) After completing a sale of the property or any part thereof ordered to be sold, the referees must report the same to the court with: (a) a description of the different parcels of land sold to each purchaser; (b) the price paid or secured; (c) the terms and conditions of the s…

If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds o…

The conveyances must be recorded in the county where the premises are situated and shall be a bar against all persons interested in the property in any way who shall have been named as parties in the action and against all such parties and persons as were unknown, if the summons …

The proceeds of the sale of encumbered property must be applied under the direction of the court as follows: (1) to pay its just proportion of the general costs of the action; (2) to pay the costs of the reference; (3) to satisfy and cancel of record the several liens in their or…

Whenever any party to an action who holds a lien upon the property or any part thereof has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale or may ord…

The proceeds of sale and the securities taken by the referees or any part thereof must be distributed by them to the persons entitled thereto whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into the court or depos…

When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action and who are known are paid into the court, the action may continue as between such parties for the determination of their respective claims thereto which must be ascertained an…

In all cases of sales when it appears that any person has a vested or contingent or future right or estate in any of the property sold, the court must ascertain and settle the proportional value of such contingent or vested right or estate and must direct such proportion of the p…

(1) The person entitled to a tenancy for life or years or who has a right or inchoate right of dower and whose estate has been sold is entitled to receive a sum that may be considered a reasonable satisfaction for the estate and that the person entitled may consent to accept inst…

When the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to the minor's general guardian or the special guardian appointed for the minor in the action upon giving the security required by law or directed by order of the court.

The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person t…

Where there are proceeds of a sale belonging to an unknown owner or to a person without the state who has no legal representative within it, the same must be invested in bonds of this state or the United States for the benefit of the persons entitled thereto.

The clerk of court in whose name a security is taken or by whom an investment is made and the clerk's successors in office: (1) must receive the interest and principal as it becomes due and shall apply and invest the interest and principal as the court may direct; (2) shall depos…

This part may be cited as the "Uniform Partition of Heirs Property Act".

As used in this part, the following definitions apply: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law o…

(1) This part applies to partition actions filed on or after October 1, 2013. (2) In an action to partition real property under Title 70, chapter 29, parts 1 through 3, the court shall determine whether the property is heirs property. If the court determines that the property is …

(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made. (2) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later t…

If the court appoints referees pursuant to 70-29-202, each referee, in addition to the requirements and disqualifications applicable to referees in Title 70, chapter 29, part 2, must be disinterested and impartial and not a party to or a participant in the action.

(1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).…

(1) If any cotenant requested partition by sale, after the determination of value under 70-29-410, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition b…

(1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 a cotenant remains that has requested partition in kind, the court shall order partition in k…

(1) In determining under 70-29-412(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (a) whether the heirs property practicably can be divided among the cotenants; (b) whether partition in kind would …

(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (2) If the court orders an open-mar…

(1) Unless required to do so within a shorter time by any other law of this state, a broker appointed under 70-29-412(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at …

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

This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices descri…

Eminent domain is the right of the state to take private property for public use. This right may be exercised in the manner provided in this chapter.

Subject to the provisions of this chapter, the right of eminent domain may be exercised for the following public uses: (1) all public uses authorized by the government of the United States; (2) public buildings and grounds for the use of the state and all other public uses author…

(1) The property that may be taken under this chapter includes: (a) all real property belonging to any person; (b) land that belongs to this state or to any county, city, or town and that is not appropriated to some public use; (c) property appropriated to a public use, but the p…

(1) The following is a classification of the estates and rights in land subject to taking for public use: (a) subject to subsection (2), estates or rights that are necessary, up to and including a fee simple interest, when taken for: (i) public buildings or grounds; (ii) permanen…

(Temporary) Taking of underground natural gas storage reservoir -- effect on owner's right to drill. (1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or …

(1) For the reasons contained in this section, the state's power of eminent domain may not be exercised to mine and extract coal owned by the condemnor located beneath the surface of property for which the title to the surface is vested in others. (2) Because of the large reserve…

Private roads may be opened in the manner prescribed by this chapter, but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of t…

This chapter may not be construed to abrogate or repeal any statute providing for the taking of property in any county, city, or town for road or street purposes.

(1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and the date from which the…

(1) In all cases in which land is required for public use, the state or its agents in charge of the public use may survey and locate the land to be used. The use must be located in the manner that will be most compatible with the greatest public good and the least private injury,…

(1) Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings: (a) the use to which the property is to be applied is a public use pursuant to 70-30-102; (b) the taking is …

The right of eminent domain may not be exercised for: (1) trails, paths, or other ways for walking, hiking, bicycling, equestrian use, or other recreational uses whose primary purpose is a foot path, equestrian trail, bicycle path, or walkway; or (2) a public park whose primary p…

Except as otherwise provided in this chapter, the provisions of Titles 25 and 26, including the Montana Rules of Civil Procedure and the Montana Rules of Evidence, are applicable to and constitute the rules of practice in the proceedings mentioned in this chapter.