Montana § 60-4-201 - Abandonment By Transportation Commission -- Disposition Of Unnecessary Highway Property By Department -- Definitions

§ 60-4-201. Abandonment By Transportation Commission -- Disposition Of Unnecessary Highway Property By Department -- Definitions

Abandonment by transportation commission -- disposition of unnecessary highway property by department -- definitions. (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 for the purpose of establishing a highway may be disposed of by abandonment pursuant to 60-4-212 . (3) A right-of-way may be disposed of by right-of-way abandonment as defined in subsection (5) of this section and as provided for in 60-4-213 through 60-4-218 . (4) The department may dispose of unnecessary highway property by: (a) sale, as provided in 60-4-202 through 60-4-207 ; or (b) exchange, as provided in 60-2-107 . (5) As used in this part, the following definitions apply: (a) "Right-of-way abandonment" means cessation of the use of a right-of-way or of activity on a right-of-way with no intention to reclaim or use the right-of-way again. (b) "Unnecessary highway property" means an interest in real property, however acquired by the department, that the department has determined is no longer necessary to the laying out, altering, construction, improvement, or maintenance of a highway.