Montana § 60-4-217 - Criteria For Right-Of-Way Abandonment

Full text of Montana Montana Code Annotated § 60-4-217 — Criteria For Right-Of-Way Abandonment, with citation guidance and answers to common questions.

§ 60-4-217. Criteria For Right-Of-Way Abandonment

Criteria for right-of-way abandonment. (1) Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that: (a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property; (b) a remainder exists to provide reasonable access; and (c) at least one of the following applies: (i) the disposal qualifies as an exception to 23 CFR 710.403(d); (ii) reimbursement of federal funds is not required; or (iii) the commission agrees to any required reimbursement of federal funds. (2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 60-4-217

What does Montana Code Annotated § 60-4-217 cover?

Section 60-4-217 ("Criteria For Right-Of-Way Abandonment") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 60-4-217?

A common citation format is "Montana Code Annotated § 60-4-217" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 60-4-217 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.