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Bill > HB355
MT HB355
Clarifying that easement rights retained when canal or ditch converted to pipeline
summary
Introduced
01/30/2025
01/30/2025
In Committee
03/01/2025
03/01/2025
Crossed Over
02/19/2025
02/19/2025
Passed
05/05/2025
05/05/2025
Dead
Signed/Enacted/Adopted
05/14/2025
05/14/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT CLARIFYING THAT RELATED EASEMENTS RIGHTS ARE RETAINED WHEN A CANAL OR DITCH IS CONVERTED INTO A PIPELINE; AND AMING SECTION 70-17-112, MCA.”
AI Summary
This bill clarifies and expands the legal protections for easement rights when a canal or ditch is converted to a pipeline. Specifically, the bill amends Montana Code Annotated (MCA) section 70-17-112 to explicitly state that when a canal or ditch is transformed into a pipeline, the original easement rights are still retained. These rights include the ability to enter, inspect, repair, and maintain the pipeline, provided the pipeline is conspicuously marked. The bill prevents encroachment or impairment of such easements, whether they exist as an open canal/ditch or as a pipeline. The legislation maintains the existing provision that easement holders can consent to encroachment in writing, and it preserves the right of the prevailing party to receive costs and reasonable attorney fees in any legal action enforcing these rights. Essentially, the bill ensures that the conversion of a canal or ditch to a pipeline does not diminish the underlying property access and maintenance rights that were originally established.
Committee Categories
Agriculture and Natural Resources
Sponsors (1)
Last Action
Chapter Number Assigned (on 05/14/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://bills.legmt.gov/#/laws/bill/2/LC1218 |
State Bill Page | https://bills.legmt.gov/#/lc/bill/2/LC1218 |
BillText | https://docs.legmt.gov/download-ticket?ticketId=5bd674e3-88cc-436f-bacd-4cbf47e0c7e2 |
BillText | https://docs.legmt.gov/download-ticket?ticketId=b3a62000-5ff1-452b-8950-c1f5fbd40d95 |
BillText | https://api.legmt.gov/docs/v1/documents/getContent?documentId=266166 |
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