Montana Code 7-14-2615. Abandonment or vacation of county roads
7-14-2615. Abandonment or vacation of county roads. (1) All county roads once established must continue to be county roads until abandoned or vacated by:
Terms Used In Montana Code 7-14-2615
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- vacation: means cessation of the use of a right-of-way or easement or of activity on a right-of-way or easement with no intention to reclaim or use it again;
(b)"board" means the board of county commissioners. See Montana Code 7-14-2601
(a)operation of law;
(b)judgment of a court of competent jurisdiction; or
(c)the order of the board on completion of the petition process under Title 7, chapter 14, part 26.
(2)An order to abandon a county road is not valid unless preceded by notice and public hearing.
(3)The board may not abandon a county road or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another public road or right-of-way provides substantially the same access.
(4)The board may not abandon a county road or right-of-way used to access private land if the access benefits two or more landowners unless all of the landowners agree to the abandonment.