When damages are claimed for withholding the property recovered upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to the claim of plaintiff, in good faith, the value of the improvements must be allowed as setoff against the damage.
Mont. Code Ann. § 70-28-110
When value of improvements may be allowed as setoff
Applied in 1 court decision — leading case Fouser v. Paige (1980)
Most recently applied in Fouser v. Paige (June 1980)
En
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.