2019 Montana Code Annotated
Title 70. Property
Chapter 30. Eminent Domain
Part 3. Hearing, Judgment, and Subsequent Proceedings
70-30-323. Liability limitation -- several liability -- defense costs
70-30-323. Liability limitation -- several liability -- defense costs. (1) Subject to subsection (2), a condemnee or a condemnee's successor in interest is not liable for damages that result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest unless the negligence or intentional conduct of the condemnee or the condemnee's successor in interest is a cause of the damages.
(2) A condemnee or a condemnee's successor in interest who is liable for damages under subsection (1) is severally liable only and is responsible only for the percentage of negligence attributable to the condemnee or the condemnee's successor in interest.
(3) If a condemnee or a condemnee's successor in interest is joined in an action for damages that are alleged to result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest, the project owner or operator is liable for the costs and attorney fees incurred by the condemnee or the condemnee's successor in interest unless the condemnee or the condemnee's successor in interest is found liable for damages under subsections (1) and (2).
History: En. Sec. 1, Ch. 113, L. 2001.
