Montana Code Annotated

Mont. Code Ann. § 7-14-4101 (2026)

Municipal Authority To Establish, Alter, And Maintain Trafficways And Public Grounds

✓ current as of May 2026
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TITLE 7. LOCAL GOVERNMENT

CHAPTER 14. TRANSPORTATION

Part 41. General Provisions Related to Municipal Trafficways and Public Grounds

Municipal Authority To Establish, Alter, And Maintain Trafficways And Public Grounds

7-14-4101. Municipal authority to establish, alter, and maintain trafficways and public grounds. (1) The city or town council has power to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, and public grounds and to vacate the same.

(2) The council has power to order any work provided in this code to be done upon the streets, alleys, or public places of a city or town.

History: (1)En. Subd. 6, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.5, R.C.M. 1935; Sec. 11-906, R.C.M. 1947; (2)En. Sec. 4879, Pol. C. 1895; re-en. Sec. 3365, Rev. C. 1907; re-en. Sec. 5223, R.C.M. 1921; re-en. Sec. 5223, R.C.M. 1935; Sec. 84-4736, R.C.M. 1947; R.C.M. 1947, 11-906(part), 84-4736.

Notes of Decisions
Cited in 3 cases, 1989–1992 · leading case: Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992).
Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992). · cites it 4× “Section 7-14-4101, MCA, clearly authorizes road construction as a governmental function of a municipality.”
Duncan v. City of Missoula, 779 P.2d 519 (Mont. 1989). · cites it 3× “Section 7-14-4101, MCA. As such, the City has the right to maintain and improve the street, including the planting of trees.”
Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992). · cites it 4× “Section 7-14-4101, MCA, clearly authorizes road construction as a governmental function of a municipality.”
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