Revise laws related to highway reconstruction

- 2025
69th Legislature 2025 HB 387
- 1 - Authorized Print Version – HB 387
ENROLLED BILL
AN ACT AMENDING THE DOCUMENTS NEEDED TO BE FILED FOR A RECONSTRUCTED OR NEW
HIGHWAY; AMENDING SECTIONS 60-2-209 AND 60-4-108, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 60-2-209, MCA, is amended to read:
"60-2-209. Description and plan Plan of new highway or reconstructed or controlled-access
facility. (1) Whenever the department establishes the location, width, and lines of any new, reconstructed, or
proposed highway or the commission designates a road, street, or highway as a controlled-access facility, the
department shall make a description and file a right-of-way plan showing the centerline and the established
width, the immediate boundary lines of all private property over, across, or through which the highway passes,
the name of the owner of the property, the boundaries of that part of the private ownership included within the
right-of-way of the highway, the parcel number assigned to that part of each ownership included within the
highway right-of-way, together with the project number under which the highway is or is proposed to be
constructed or reconstructed.
(2) Reference to the project number, parcel number, and section or quarter section, tract, block, or
lot from which the same has been subdivided is a valid description of the parcel in all deeds given to or
received from the state in which a parcel is transferred."
Section 2. Section 60-4-108, MCA, is amended to read:
"60-4-108. No compensation in certain cases -- exceptions. (1) Whenever the department files a
description and right-of-way plan as provided in 60-2-209, no consideration, allowance, or assessment of
values or compensation shall may be made in the purchase or condemnation of buildings or improvements or
subdivisions placed or erected on the land covered by the plan after the filing.
- 2025
69th Legislature 2025 HB 387
- 2 - Authorized Print Version – HB 387
ENROLLED BILL
(2) The establishment of the highway location covered by the description and right-of-way plan
shall must be ineffective 1 year after filing if no action to condemn or acquire the property has been
commenced.
(3) Nothing in this section or in 60-2-209 applies to crops or similar improvements planted on the
lands described. They are governed by 70-30-302."
Section 3. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
HB 387, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 387
INTRODUCED BY D. BAUM, C. SPRUNGER
AN ACT AMENDING THE DOCUMENTS NEEDED TO BE FILED FOR A RECONSTRUCTED OR NEW
HIGHWAY; AMENDING SECTIONS 60-2-209 AND 60-4-108, MCA; AND PROVIDING AN EFFECTIVE DATE.