Montana Code 27-2-209. Actions against local government or local government official
27-2-209. Actions against local government or local government official. (1) The period prescribed for the commencement of an action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in that person‘s official capacity and in virtue of that person’s office or by the omission of an official duty, including the nonpayment of money collected upon an execution, is within 3 years, except that this subsection does not apply to an action for an escape.
Terms Used In Montana Code 27-2-209
- action: as used in this chapter , is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature. See Montana Code 27-2-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
(2)The period prescribed for the commencement of an action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process is within 1 year.
(3)Actions for claims against a county that have been rejected by the county commissioners must be commenced within 6 months after the first rejection.
(4)The period prescribed for the commencement of an action against a municipality for damages or injuries to property caused by a mob or riot is within 1 year.
(5)The period prescribed for the commencement of an action against a municipality arising from a decision of the municipality relating to a land use, construction, or development project is 6 months from the date of the written decision.