Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 14. TRANSPORTATION · Part 41. General Provisions Related to Municipal Trafficways and Public Grounds
Montana Code Annotated

Mont. Code Ann. § 7-14-4114 (2026)

Procedure To Discontinue Streets

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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 14
  4. Part 41
  5. 7-14-4114 Procedure to discontinue streets

TITLE 7. LOCAL GOVERNMENT

CHAPTER 14. TRANSPORTATION

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

Procedure To Discontinue Streets

7-14-4114. Procedure to discontinue streets. (1) The council may discontinue a street or alley or any part of a street or alley in a city or town, if it can be done without detriment to the public interest, upon:

(a) a petition in writing of all owners of lots on the street or alley; or

(b) (i) a petition in writing of more than 50% of the owners of lots on the street or alley; and

(ii) approval by a majority vote of the council.

(2) Where the street or alley is to be closed for school purposes, the council may discontinue the street or alley upon a petition signed by 75% of the lot owners on the whole street or alley to be closed.

(3) Before acting upon the petition, a notice must be published, stating when the petition will be acted on and what street or alley or part of a street or alley is asked to be vacated. The notice must be published as provided in 7-1-4127.

History: (1), (2)En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5030, Pol. C. 1895; re-en. Sec. 3479, Rev. C. 1907; re-en. Sec. 5306, R.C.M. 1921; amd. Sec. 1, Ch. 13, L. 1929; re-en. Sec. 5306, R.C.M. 1935; amd. Sec. 1, Ch. 1, L. 1941; amd. Sec. 1, Ch. 36, L. 1945; Sec. 11-2801, R.C.M. 1947; (3)En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5031, Pol. C. 1895; re-en. Sec. 3480, Rev. C. 1907; re-en. Sec. 5307, R.C.M. 1921; re-en. Sec. 5307, R.C.M. 1935; Sec. 11-2802, R.C.M. 1947; R.C.M. 1947, 11-2801(part), 11-2802; amd. Sec. 1, Ch. 78, L. 1989; amd. Sec. 51, Ch. 354, L. 2001.

Notes of Decisions
Cited in 3 cases, 1979–1992 · leading case: Wynia v. City of Great Falls, 600 P.2d 802 (Mont. 1979).
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Wynia v. City of Great Falls, 600 P.2d 802 (Mont. 1979). · cites it 19× “6905 to be published in accordance with section 7-14-4114, MCA, on March 1, 1977.”
Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992). · cites it 2× “However, liability for nuisance cannot be avoided on the ground that a city was exercising governmental powers because when a governmental entity in its method of administration of such powers creates a nuisance it is not exercising the governmental function but is doing…”
Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992). · cites it 2× “However, liability for nuisance cannot be avoided on the ground that a city was exercising governmental powers because when a governmental entity in its method of administration of such powers creates a nuisance it is not exercising the governmental function but is doing…”
Mont. Code Ann. § 7-14-4114(3): 1 case
Wynia v. City of Great Falls, 600 P.2d 802 (Mont. 1979). “6905 to be published in accordance with section 7-14-4114, MCA, on March 1, 1977.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.