Montana § 70-28-113 - Order For Survey Or Measurement

Full text of Montana Montana Code Annotated § 70-28-113 — Order For Survey Or Measurement, with citation guidance and answers to common questions.

§ 70-28-113. Order For Survey Or Measurement

Order for survey or measurement. (1) The court in which an action is pending for the recovery of real property or mining claims or for damages for an injury or to quiet title or to determine adverse claims to real property or mining claims or a judge in the action may on motion, upon notice by either party, for good cause shown, grant an order allowing to the party the right to enter into or upon the property or mining claim and make survey or measurement of the property or claim or of any tunnels, shafts, or drifts in the property or claim for the purpose of the action even though entry for that purpose has to be made through other lands or mining claims belonging to parties to the action. (2) The order must describe the property, and a copy of the order must be served on the owner or occupant. Upon service, the party may enter the property with necessary surveyors and assistants and make the survey and measurement. However, if unnecessary damage is done to the property, the party is liable for the damage.

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

Frequently Asked Questions About Montana § 70-28-113

What does Montana Code Annotated § 70-28-113 cover?

Section 70-28-113 ("Order For Survey Or Measurement") 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 § 70-28-113?

A common citation format is "Montana Code Annotated § 70-28-113" (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 § 70-28-113 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.