Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 30. EMINENT DOMAIN · Part 3. Hearing, Judgment, and Subsequent Proceedings
Montana Code Annotated

Mont. Code Ann. § 70-30-305 (2026)

Condemnor To Make Offer Upon Appeal -- Award Of Expenses Of Litigation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 30
  4. Part 3
  5. 70-30-305 Condemnor to make offer upon appeal -- award of expenses of litigation

TITLE 70. PROPERTY

CHAPTER 30. EMINENT DOMAIN

Part 3. Hearing, Judgment, and Subsequent Proceedings

Condemnor To Make Offer Upon Appeal -- Award Of Expenses Of Litigation

70-30-305. Condemnor to make offer upon appeal -- award of expenses of litigation. (1) The condemnor shall, within 30 days after an appeal is perfected from the condemnation commissioner's award or report or not more than 60 days after the waiver of appointment of commissioners, submit to the condemnee a written final offer of judgment for the property sought to be taken, together with the accrued necessary expenses of the condemnee. If at any time prior to 10 days before trial the condemnee serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service of the acceptance, and judgment must be entered. An offer not accepted is considered withdrawn and evidence of the offer is not admissible at the trial except in a proceeding to determine costs. The fact that an offer is made but not accepted does not preclude a subsequent offer.

(2) In the event of litigation and when the condemnee prevails either by the court not allowing condemnation or by the condemnee receiving an award in excess of the final written offer of the condemnor that was rejected pursuant to the facts necessary in 70-30-111(1)(d), the court shall award necessary expenses of litigation to the condemnee.

History: En. 93-9921.1 by Sec. 1, Ch. 453, L. 1973; R.C.M. 1947, 93-9921.1; amd. Sec. 2, Ch. 8, L. 1979; amd. Sec. 70, Ch. 125, L. 2001; amd. Sec. 5, Ch. 371, L. 2013.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1979–2021 · leading case: Wohl v. City of Missoula, 2014 MT 310, 339 P.3d 58.
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Wohl v. City of Missoula, 2014 MT 310, 339 P.3d 58. · cites it 22× “The District Court likewise had the authority to award appellate attorney fees and costs to the Landowners under § 70-30-305, MCA, Rule 19(3), Galt and Rauser.”
K & R P'ship v. City of Whitefish, 2008 MT 228, 189 P.3d 593. · cites it 8× “However, we reaffirm that litigation expenses must be awarded in inverse condemnation *354 cases, where the condemnee prevails as stated in § 70-30-305, MCA (1997). ¶54 4. Did the District Court err by precluding K&R’s evidence of “cost to cure”? ¶55 K&R’s first issue on…”
State Ex Rel. Montana Dep't of Transp. v. Slack, 2001 MT 137, 29 P.3d 503. · cites it 12× “" Section 70-30-305, MCA. (Emphasis added.) Necessary expenses of litigation are defined as: " .”
Montana Dep't of Transp. v. Simonson, 2004 MT 60, 87 P.3d 416. · cites it 12× “What does the Legislature intend to occur if the circumstances set forth in § 70-30-304(3), MCA (the condemnee succeeds in obtaining a larger amount during the court process) and § 70-30-305, MCA (a rejected prejudgment final offer in excess of the Value Commission's…”
State Ex Rel. State High. Comm'n v. Donnes, 609 P.2d 1213 (Mont. 1980). · cites it 18× “*1216 The final issue raised by the landowner is that she is entitled, under section 70-30-305, MCA, to an award of reasonable attorney fees and the costs of litigation in addition to the amount of the jury's verdict.”
Bozeman Parking Comm'n v. First Trust Co., 619 P.2d 168 (Mont. 1980). · cites it 18× “Bozeman reads section 70-30-305, MCA, to mean that an appeal from the commissioners’ award must be perfected by one of the parties, and thereafter, within thirty days the condemnor must submit to condemnee a written final offer of judgment.”
Wohl v. City of Missoula, 2013 MT 46, 300 P.3d 1119. · cites it 4× “In addition, they cite § 27-8-313, MCA, as authority for an award of fees in this case.”
State ex rel. Dep't of Highways v. McGuckin, 788 P.2d 926 (Mont. 1990). · cites it 7× “” Section 70-30-305, MCA. (Emphasis added.) Necessary expenses of litigation are defined as: *85 .”
City of Missoula v. Mountain Water Co., 2018 MT 139, 419 P.3d 685. · cites it 6× “The District Court precluded discovery of the City's litigation costs, finding them irrelevant to whether Property Owners met the requirements under §§ 70-30-305 and -306, MCA, for compensation of their own litigation expenses, but received testimonial evidence of the rates…”
City of Missoula v. Mountain Water Co., 2018 MT 114, 417 P.3d 321. · cites it 2× “¶ 6 On May 3, 2016, the District Court determined Mountain Water and Carlyle were prevailing parties entitled to recover necessary ***291 expenses pursuant to § 70-30-305(2), MCA. After an evidentiary hearing, the District Court awarded Carlyle $1,111,659.”
Chase v. Bearpaw Ranch Ass'n, 2006 MT 67, 133 P.3d 190. “2 These statutes, §§ 70-30-305 and -306, MCA, codified the constitutional right to attorney fees incurred in defending against condemnation proceedings.”
City of Missoula v. Mountain Water Co., 2018 MT 245, 427 P.3d 1018. · cites it 2× “The eminent domain statute on attorney fees at § 70-30-305, MCA provides: (2) In the event of litigation and when the condemnee prevails .”
Show all 26 citing cases →
Mont. Code Ann. § 70-30-305(1): 3 cases
State Ex Rel. Montana Dep't of Transp. v. Slack, 2001 MT 137, 29 P.3d 503. “" Section 70-30-305, MCA. (Emphasis added.) Necessary expenses of litigation are defined as: " .”
State ex rel. Dep't of Highways v. McGuckin, 788 P.2d 926 (Mont. 1990). “” Section 70-30-305, MCA. (Emphasis added.) Necessary expenses of litigation are defined as: *85 .”
State by Dept. of Highways v. Mcguckin, 788 P.2d 926 (Mont. 1990).
Mont. Code Ann. § 70-30-305(2): 12 cases
Wohl v. City of Missoula, 2014 MT 310, 339 P.3d 58. “The District Court likewise had the authority to award appellate attorney fees and costs to the Landowners under § 70-30-305, MCA, Rule 19(3), Galt and Rauser.”
K & R P'ship v. City of Whitefish, 2008 MT 228, 189 P.3d 593. “However, we reaffirm that litigation expenses must be awarded in inverse condemnation *354 cases, where the condemnee prevails as stated in § 70-30-305, MCA (1997). ¶54 4. Did the District Court err by precluding K&R’s evidence of “cost to cure”? ¶55 K&R’s first issue on…”
Montana Dep't of Transp. v. Simonson, 2004 MT 60, 87 P.3d 416. “What does the Legislature intend to occur if the circumstances set forth in § 70-30-304(3), MCA (the condemnee succeeds in obtaining a larger amount during the court process) and § 70-30-305, MCA (a rejected prejudgment final offer in excess of the Value Commission's…”
Bozeman Parking Comm'n v. First Trust Co., 619 P.2d 168 (Mont. 1980). “Bozeman reads section 70-30-305, MCA, to mean that an appeal from the commissioners’ award must be perfected by one of the parties, and thereafter, within thirty days the condemnor must submit to condemnee a written final offer of judgment.”
City of Missoula v. Mountain Water Co., 2018 MT 139, 419 P.3d 685. “The District Court precluded discovery of the City's litigation costs, finding them irrelevant to whether Property Owners met the requirements under §§ 70-30-305 and -306, MCA, for compensation of their own litigation expenses, but received testimonial evidence of the rates…”
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