Montana Title 27. Civil Liability, Remedies, and Limitations § 27-30-206. Public nuisance actions by government

(1) A public nuisance cause of action is available to a government entity only if the public nuisance is within the jurisdiction of that government entity.  Past, current, or future expenditures made by a government entity related to injunction of or any other response to a public nuisance does not itself confer standing to file or maintain a public nuisance action.

(2) In a public nuisance action brought by a government entity, the only remedies against a public nuisance are:

(3) Remedies available under this section may not include:

(4) For the purposes of this chapter, the term “government entity” means the state, an agency or a political subdivision of the state, a federal entity or agency, or any other governing authority, including a tribal government.

(5) Nothing in this chapter limits the authority of a government entity to order any person to vacate the right-of-way of a public highway of this state classified within the commission-designated highway system or as a state highway, as provided in 60-1-201, or any navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.