Montana Code 2-10-103. Definitions
2-10-103. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 2-10-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Private property: means all real property, including but not limited to water rights. See Montana Code 2-10-103
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
- Statute: A law passed by a legislature.
- Taking or damaging: means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution. See Montana Code 2-10-103
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Action with taking or damaging implications” means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. It does not include:
(a)proposed eminent domain proceedings;
(b)a proposed seizure of property by law enforcement officials as evidence or under a state forfeiture statute;
(c)a proposed forfeiture of property during or as a result of criminal proceedings; or
(d)a proposal to repeal a rule, discontinue a government program, or implement a proposed change that has the effect of reducing regulation of private property.
(2)”Private property” means all real property, including but not limited to water rights.
(3)”State agency” means an officer, board, commission, department, or other entity within the executive branch of state government.
(4)”Taking or damaging” means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution.