§ 49-2. Resolving doubt as to location of County roads.

(a) Whenever any doubt exists as to the proper location or width of a County road, the Director of Transportation may cause the road to be surveyed and a description and plat made of it and recorded or filed in the County land records. This description and plat must be treated as correct by the County and in the State courts until shown to be incorrect.

(b) Whenever possible, this description must be made by reference to the original description of the road when it was acquired by grant or condemnation, if the original description can be found. If the original description cannot be found, then the description and plat must be made of the road as actually laid out.

(c) The total cost of any necessary survey must be paid by the party that requested the survey. The total cost of a survey includes field preparation work, field surveys, office work, plat preparation, and recording time and fees. (Mont. Co. Code 1965, § 24-8; 1910, ch. 484, § 177M; 1912, ch. 790, § 461; , § 1; , § 1.)

Editor’s note—, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Section 49-2, formerly Section 49-8, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-2 was renumbered Section 49-1 pursuant to 2007, ch. 8, § 1.