# Mont. Code Ann. § 70-30-109: 70-30-109 Temporary logging roads and banking grounds

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T70_C30_P1_S70-30-109

## Section

- **Citation:** Mont. Code Ann. § 70-30-109
- **Heading:** 70-30-109 Temporary logging roads and banking grounds
- **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 70-30-109

## Text

70-30-109 . Temporary logging roads and banking grounds. (1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and the date from which the road must be opened or land must be used, and at the expiration of that period, the right to use the road or land ceases. The use of the road or land reverts to the party from whom the road or land was taken or to that party's legal successor in interest. However, land may not be taken for temporary logging roads or banking grounds for a period of time longer than 5 years. When taken for a period of time exceeding 1 year, the amount of damage for each year must be fixed separately, and the amount fixed for each particular year must be paid on or before January 1 of each year. If the amount fixed for any 1 year is not paid as specified in this subsection, then the use of the road or land reverts to the party from whom the road or land was taken or to that party's successor in interest.

(2) In any suit for the opening of any temporary logging road or for the use of any land for banking grounds, the court may not finally order the opening of the road or the right to use the land until the amount assessed as damages has been paid into court for the benefit of the party or parties owning or holding the road or land.

(3) In the event that any road or land taken or used as provided in this section is occupied by a lessee, the lessee must be made a party to the suit, and the final decree of the court must apportion the amount of compensation received between the lessee and the owner of the road or land. The decree is subject to the right of appeal by any party in interest.

## 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_S70-30-109. Check the current official text before relying on it. Not legal advice.