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Mont. Code Ann. § 69-14-1002

Compensation of employees on removal of railroad division point or terminal

Applied in 4 court decisions — leading case Polich v. Burlington Northern, Inc. (1991)

Most recently applied in Pouch v. Burlington Northern, Inc. (May 1997)

(1)En

How often courts cite this section

1991199720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in subsection (2), when any railroad or railway company operating its line of road in, into, or through the state moves any of its division points or terminals, it is liable to any employee of the railroad or railway company for any damage sustained by the employee by reason of any decrease in value of any real property actually occupied by the employee as the employee's place of residence that is caused by the removal of the division point or terminal. However, the employee must have a freehold estate in the property. The damages are collectible in any court of competent jurisdiction.

(2) When any railroad or railway company in good faith determines upon a change or removal of any division point or terminal and in good faith posts prominently at its station house, shops, and yards a statement of its intention to do so in a manner that gives reasonable notice to the employee, it is not liable, as provided in subsection (1), for any decrease in value of any interest in any property purchased after the time of the posting if the division point or terminal is changed or removed within 6 months after the date of the posting.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.