Terms Used In Montana Code > Title 80 > Chapter 20 - Agricultural Research

• Consent: means agreement in fact, whether express or apparent. See Montana Code 80-20-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Crop: means a product grown, developed, or raised for purposes including but not limited to human or animal consumption, research, industrial use, commercial use, or pharmacological use. See Montana Code 80-20-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deprive: means to:

  (a)withhold a crop or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the crop or property is lost to the owner;

  (b)restore the crop or other property only upon payment of reward or other compensation; or

  (c)dispose of a crop or other property in a manner that makes recovery of the crop or property by the owner unlikely. See Montana Code 80-20-102

• Effective consent: means consent by the owner or by a person legally authorized to act for the owner. See Montana Code 80-20-102
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Notice: means :

  (a)oral or written communication by the owner or someone with apparent authority to act for the owner;

  (b)fencing or other enclosure obviously designed to exclude intruders or to contain crops; or

  (c)a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden. See Montana Code 80-20-102

• Owner: means a person who has:

  (a)title to the property; or

  (b)lawful possession of the property. See Montana Code 80-20-102

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, or partnership; two or more persons having a joint or common interest; or some other legal entity. See Montana Code 80-20-102
• Possession: means actual care, custody, control, or management. See Montana Code 80-20-102
• Property: means real and personal property. See Montana Code 1-1-205
• Research facility: means a public or private place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a crop is lawfully carried out, conducted, or attempted. See Montana Code 80-20-102
• 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