Montana § 76-5-109 - Other Legal Remedies Preserved -- Immunity
Full text of Montana Montana Code Annotated § 76-5-109 — Other Legal Remedies Preserved -- Immunity, with citation guidance and answers to common questions.
§ 76-5-109. Other Legal Remedies Preserved -- Immunity
Other legal remedies preserved -- immunity. (1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity. (2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit. (3) The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4. (4) An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 76-5-109
What does Montana Code Annotated § 76-5-109 cover?
Section 76-5-109 ("Other Legal Remedies Preserved -- Immunity") 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 § 76-5-109?
A common citation format is "Montana Code Annotated § 76-5-109" (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 § 76-5-109 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.