Mont. Code Ann. § 69-14-710

If a corporation, association, company, or person owning, controlling, or operating a railroad or branch of a railroad kills or injures an animal as described in 69-14-707 and tenders to the owner or to the owner's agent the amount that the corporation, association, company, or person considers to be the value of the animal or the damage to the animal, or if the railroad, corporation, association, company, or person deposits with the department of livestock that amount for the owner of the animal and the owner or the owner's agent refuses to accept the amount in settlement, then the owner shall pay all costs incurred in any action instituted, after the tender or deposit, to recover the value or damage unless the owner recovers in the action more than the amount tendered.