Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 76-5-109 (2026)

Other Legal Remedies Preserved -- Immunity

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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 5
  4. Part 1
  5. 76-5-109 Other legal remedies preserved -- immunity

TITLE 76. LAND RESOURCES AND USE

CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 1. General Provisions

Other Legal Remedies Preserved -- Immunity

76-5-109. Other legal remedies preserved -- immunity. (1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.

(2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.

(3) The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.

(4) An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.

History: (1), (2), (4)En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; Sec. 89-3514, R.C.M. 1947; (3)En. Sec. 15, Ch. 393, L. 1971; amd. Sec. 205, Ch. 253, L. 1974; Sec. 89-3515, R.C.M. 1947; R.C.M. 1947, 89-3514(part), 89-3515; amd. Sec. 244, Ch. 418, L. 1995.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Hamlin v. DOT, 2022 MT 190.
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Hamlin v. DOT, 2022 MT 190. · cites it 30× “¶2 Hamlin appeals several unfavorable District Court orders, raising issues that we restate as follows: Issue One: Did the District Court err in dismissing Hamlin’s inverse condemnation claim? Issue Two: Did the District Court err in dismissing Hamlin’s unjust enrichment claim?…”
Mont. Code Ann. § 76-5-109(4): 1 case
Hamlin v. DOT, 2022 MT 190. “¶2 Hamlin appeals several unfavorable District Court orders, raising issues that we restate as follows: Issue One: Did the District Court err in dismissing Hamlin’s inverse condemnation claim? Issue Two: Did the District Court err in dismissing Hamlin’s unjust enrichment claim?…”
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.