Montana Code 70-30-303. Final report and award of condemnation commissioners — procedure on failure to agree
70-30-303. Final report and award of condemnation commissioners — procedure on failure to agree. (1) The report of the condemnation commissioners must be made on forms that are provided for their use by the court. The report must be filed within 10 days after the completion of the hearing or within any additional time allowed by the judge upon a clear showing of necessity. The report must be filed with the clerk of court. The clerk shall notify the parties that the report has been filed. The notice, together with a copy of the report, must be served upon all the parties in the same manner as a summons.
Terms Used In Montana Code 70-30-303
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Property: means real and personal property. See Montana Code 1-1-205
- Summons: Another word for subpoena used by the criminal justice system.
(2)A concurrence of two commissioners is necessary to the making of a final report or award as to any parcel of property or interest in a parcel of property. If two of the commissioners are unable to agree as to the amount of any award, the commissioners shall report the fact to the judge or court within the time specified in subsection (1) and the court shall impanel and appoint new commissioners. The new commissioners shall proceed as provided in this part to determine any award upon which the previous commissioners failed to agree.
(3)The report of the commissioners must include a statement of the number of days or portions of days worked by the commissioners in performance of their duties.