Terms Used In Montana Code > Title 7 > Chapter 4 > Part 42 - Compensation of Municipal Officers and Employees

• Artificial obstruction: means any obstruction that is not a natural obstruction and includes any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any flood plain or floodway that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See Montana Code 76-5-103
• Bequest: Property gifted by will.
• Contract: A legal written agreement that becomes binding when signed.
• Decedent: A deceased person.
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-5-103
• Designated flood plain: means a flood plain whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
• Designated floodway: means a floodway whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
• Devise: To gift property by will.
• Drainway: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water less than 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103
• Establish: means construct, place, insert, or excavate. See Montana Code 76-5-103
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Flood: means the water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway. See Montana Code 76-5-103
• Flood plain: means the area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than 1 foot of water per occurrence and are considered "zone B" or a "shaded X zone" by the federal emergency management agency. See Montana Code 76-5-103
• Floodway: means the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway. See Montana Code 76-5-103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: means any person who has dominion over, control of, or title to an obstruction. See Montana Code 76-5-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Political subdivision: means any incorporated city or town or any county organized and having authority to adopt and enforce land use regulations. See Montana Code 76-5-103
• Property: means real and personal property. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Responsible political subdivision: means a political subdivision that has enacted land use regulations in accordance with parts 1 through 4. See Montana Code 76-5-103
• 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
• Statute: A law passed by a legislature.
• Watercourse: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water at least 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103