Montana Inverse Condemnation Law

STATE OF MONTANA v. ITEMS OF REAL PROPERTY OWNED AND/OR POSSESSED BY MIKE CHILINSKI <h3>Case No. - 2016 MT 280 </h3>

In 2011, state authorities successfully prosecuted and incarcerated Chilinski for cruelty to animals. Crucial to that prosecution was the Jefferson County Sheriff’s search of Chilinski’s four parcels of property, including his residence, for evidence relating to his inhumane treatment of dogs. That search, conducted pursuant to a warrant, revealed not only an unlawful an... More...

$0 (11-09-2016 - MT)

Cody Meine, et al. v. Hren Ranches, Inc., et al.

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively, the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens' land and a permanent injunction prohibiting the Hrens from blocking or impeding the use of this easement. Following a ... More...

$0 (01-27-2015 - MT)

Glen and Johanna Wohl v. City of Missoula

¶1 Plaintiffs are a group of landowners (Landowners1) who own properties abutting South Avenue in the City of Missoula. The instant lawsuit arose out of a dispute between Landowners and the City concerning the width of the public right-of-way constituting South Avenue. Following a bench trial, the Fourth Judicial District Court, Missoula County, determined that the right-of-way is 60 feet wide. T... More...

$0 (02-27-2013 - MT)

Gary Myers v. W. Stephen Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees' Motion for Summary Judgment and Myers appeals. We affirm. ¶2 Myers raises two issues on appeal which we... More...

$0 (10-04-2011 - MT)

Jack McLeod v. State of Montana, acting by and through the Montana Department of Transporation, and Sue Hoell, et al.

¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod's libel, slander, and malicious prosecution claims. We affirm. BACKGROUND ¶2 McLeod is a certified real estate appraiser. He owns McLeod Realty in Butte, Montana, and is frequently hired... More...

$0 (04-14-2009 - MT)

Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation, etc.

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b... More...

$0 (05-10-2008 - MT)

Stan and Bonnie Williams, individually and as guardians ad litem for Dalton Williams, Brooke Williams and Whitney Williams vs.. City of Eureka

Stan and Bonnie Williams built their "dream home" in Eureka in 1994. Between 1994 and 1999, the family experienced 6 prior backups of their sewer including on two occasions having water enter their home through their drains. On October 28, 1999, the Williams woke to find 3 inches of "black water" covering approximately 1,700 square feet on the lower level of their home. The City o... More...

$600000 (10-18-2005 - MT)

<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-15403/01-654.doc" target="_new">Harold Englin and Mary A. Brown v. Board of County Commissioners of Yellowstone County, Montana</a>

Englin and Brown own three acres of land (the Property) located at 1442 Ethelyn Avenue, Billings, Montana. They acquired the Property by inheritance in 1982, at which time the Property was zoned as Residential-9600. This zoning classification permits single family residences with lot sizes no smaller than 9600 square feet. The Property is bordered on the north by Beall Trucking which is zoned H... More...

$0 (06-06-2002 - MT)

Cenex Pipeline, L.L.C. v. Fly Creek Angus, Inc.

Cenex Pipeline LLC owns an eight-inch pipeline that transports fuel between Laurel and Glendive. The pipeline was built over forty years ago and is currently in need of repair. Cenex wants to replace a 76-mile portion of the pipeline between Billings and Hysham, and in the process, shift the location of the pipeline from its current placement in the Yellowstone River Valley onto drier and less... More...

$0 (03-30-1998 - MT)