# Mont. Code Ann. § 70-30-102: 70-30-102 Public uses enumerated > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-102 ## Section - **Citation:** Mont. Code Ann. § 70-30-102 - **Heading:** 70-30-102 Public uses enumerated - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-102 ## Text 70-30-102 . Public uses enumerated. Subject to the provisions of this chapter, the right of eminent domain may be exercised for the following public uses: (1) all public uses authorized by the government of the United States; (2) public buildings and grounds for the use of the state and all other public uses authorized by the legislature of the state; (3) public buildings and grounds for the use of any county, city, town, or school district; (4) canals, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any county, city, or town; (5) projects to raise the banks of streams, remove obstructions from streambanks, and widen, deepen, or straighten stream channels; (6) water and water supply systems as provided in Title 7, chapter 13, part 44; (7) roads, streets, alleys, controlled-access facilities, and other publicly owned buildings and facilities for the benefit of a county, city, or town or the inhabitants of a county, city, or town; (8) acquisition of road-building material as provided in 7-14-2123 ; (9) stock lanes as provided in 7-14-2621 ; (10) parking areas as provided in 7-14-4501 and 7-14-4622 ; (11) airport purposes as provided in 7-14-4801 , 67-2-301 , 67-7-210 , and Title 67, chapters 10 and 11; (12) urban renewal projects as provided in Title 7, chapter 15, parts 42 and 43, except that private property may be acquired for urban renewal through eminent domain only if the property is determined to be a blighted area, as defined in 7-15-4206 (2)(a), (2)(d), (2)(g), or (2)(h), and may not be acquired for urban renewal through eminent domain if the purpose of the project is to increase government tax revenue; (13) housing authority purposes as provided in Title 7, chapter 15, part 44; (14) city or town athletic fields and civic stadiums as provided in 7-16-4106 ; (15) county cemetery purposes pursuant to 7-11-1021 , cemetery association purposes as provided in 35-20-104 , and state veterans' cemetery purposes as provided in 10-2-604 ; (16) preservation of historical or archaeological sites as provided in 23-1-102 and 87-1-209 (2); (17) public assistance purposes as provided in 53-2-201 ; (18) highway purposes as provided in 60-4-103 and 60-4-104 ; (19) common carrier pipelines as provided in 69-13-104 ; (20) water supply, water transportation, and water treatment systems as provided in 75-6-313 ; (21) mitigation of the release or threatened release of a hazardous or deleterious substance as provided in 75-10-720 ; (22) the acquisition of nonconforming outdoor advertising as provided in 75-15-123 ; (23) screening for or the relocation or removal of junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, and sanitary landfills as provided in 75-15-223 ; (24) water conservation and flood control projects as provided in 76-5-1108 ; (25) acquisition of water rights for the natural flow of water as provided in 85-1-204 ; (26) property and water rights necessary for waterworks as provided in 85-1-209 and 85-7-1904 ; (27) conservancy district purposes as provided in 85-9-410 ; (28) wharves, docks, piers, chutes, booms, ferries, bridges, private roads, plank and turnpike roads, and railroads; (29) canals, ditches, flumes, aqueducts, and pipes for: (a) supplying mines, mills, and smelters for the reduction of ores; (b) supplying farming neighborhoods with water and drainage; (c) reclaiming lands; and 904 ; (27) conservancy district purposes as provided in 85-9-410 ; (28) wharves, docks, piers, chutes, booms, ferries, bridges, private roads, plank and turnpike roads, and railroads; (29) canals, ditches, flumes, aqueducts, and pipes for: (a) supplying mines, mills, and smelters for the reduction of ores; (b) supplying farming neighborhoods with water and drainage; (c) reclaiming lands; and (d) floating logs and lumber on streams that are not navigable; (30) sites for reservoirs necessary for collecting and storing water. However, reservoir sites must possess a public use demonstrable to the district court as the highest and best use of the land. (31) roads, tunnels, and dumping places for working mines, mills, or smelters for the reduction of ores; (32) outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines, mills, and smelters for the reduction of ores; (33) an occupancy in common by the owners or the possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, mills, or smelters for reduction of ores and sites for reservoirs necessary for collecting and storing water for the mines, mills, or smelters. However, the reservoir sites must possess a public use demonstrable to the district court as the highest and best use of the land. (34) private roads leading from highways to residences or farms; (35) telephone or electrical energy lines, except that local government entities as defined in 2-7-501 , municipal utilities, or competitive electricity suppliers may not use this chapter to acquire existing telephone or electrical energy lines and appurtenant facilities owned by a public utility or cooperative for the purpose of transmitting or distributing electricity or providing telecommunications services; (36) telegraph lines; (37) sewerage of any: (a) county, city, or town or any subdivision of a county, city, or town, whether incorporated or unincorporated; (b) settlement consisting of not less than 10 families; or (c) public buildings belonging to the state or to any college or university; (38) tramway lines; (39) logging railways; (40) temporary logging roads and banking grounds for the transportation of logs and timber products to public streams, lakes, mills, railroads, or highways for a time that the court or judge may determine. However, the grounds of state institutions may not be used for this purpose. (41) underground reservoirs suitable for storage of natural gas; (42) projects to mine and extract ores, metals, or minerals owned by the condemnor located beneath or upon the surface of property where the title to the surface vests in others. However, the use of the surface of property for strip mining or open-pit mining of coal (i.e., any mining method or process in which the strata or overburden is removed or displaced in order to extract the coal) is not a public use, and eminent domain may not be exercised for this purpose. (43) projects to restore and reclaim lands that were strip-mined or underground-mined for coal and not reclaimed in accordance with Title 82, chapter 4, part 2, and to abate or control adverse effects of strip or underground mining on those lands. ## Nearby sections - [Mont. Code Ann. § 70-30-101 70-30-101 Eminent domain defined](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-101.md) - [Mont. Code Ann. § 70-30-102 70-30-102 Public uses enumerated](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-102.md) - [Mont. Code Ann. § 70-30-103 70-30-103 What property may be taken](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-103.md) - [Mont. Code Ann. § 70-30-104 70-30-104 What estates and rights in land may be taken](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-104.md) - [Mont. Code Ann. § 70-30-105 70-30-105 Taking of underground natural gas storage reservoir -- effect on owner's right to drill](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-105.md) - [Mont. Code Ann. § 70-30-106 70-30-106 Eminent domain not to be used for coal mining in certain cases -- policy](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-106.md) - [Mont. Code Ann. § 70-30-107 70-30-107 Private roads](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-107.md) - [Mont. Code Ann. § 70-30-108 70-30-108 No abrogation of provisions relating to city or county roads](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-108.md) - [Mont. Code Ann. § 70-30-109 70-30-109 Temporary logging roads and banking grounds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-109.md) - [Mont. Code Ann. § 70-30-110 70-30-110 Survey and location of property to be taken -- greatest public good -- least private injury](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-110.md) - [Mont. Code Ann. § 70-30-111 70-30-111 Facts necessary to be found before condemnation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-111.md) - [Mont. Code Ann. § 70-30-112 70-30-112 Eminent domain not to be used for certain recreational purposes](https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-112.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-102. Check the current official text before relying on it. Not legal advice.