Montana Code 60-4-214. Definitions
60-4-214. Definitions. As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 60-4-214
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Property: means real and personal property. See Montana Code 1-1-205
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1)”Abandoned interest” means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission.
(2)”Abandonment” means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim or use the right-of-way again.
(3)”Contiguous property” means subdivided parcels along one side of the length of the remainder.
(4)”Remainder” means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.
(5)”Subject property” means that portion of highway right-of-way for which abandonment is sought.