Full Statute Name:  MONTANA CODE ANNOTATED. TITLE 70. PROPERTY. CHAPTER 5. FINDERS. PART 1. RIGHTS AND DUTIES OF FINDERS GENERALLY.

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Primary Citation:  MT ST 70-5-101 to 70-5-107 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  MCA 70-5-101 to 70-5-107 Date Adopted:  1895
Summary:

This section comprises Montana's lost property provisions.

Statute Text: 

70-5-101 . Nonapplicability to things abandoned

70-5-102 . Finder not bound to take charge -- status as depositary

70-5-103 . Duty to inform owner when known

70-5-104 . Right of finder to require proof of claimant's ownership

70-5-105 . Compensation of finder

70-5-106 . Exoneration of finder by storage of thing found

70-5-107 . Exoneration of owner by surrender of thing to finder

 

 

70-5-101. Nonapplicability to things abandoned

     The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.

History: En. Sec. 2528, Civ. C. 1895; re-en. Sec. 5186, Rev. C. 1907; re-en. Sec. 7693, R.C.M. 1921; Cal. Civ. C. Sec. 1872; Field Civ. C. Sec. 946; re-en. Sec. 7693, R.C.M. 1935; R.C.M. 1947, 20-409.

 

70-5-102. Finder not bound to take charge -- status as depositary

A person who finds a thing lost is not bound to take charge of it, but if the person does, the person is a depositary for the owner, with the rights and obligations of a depositary for hire.

CREDIT(S)

Enacted Civil Code 1895, § 2520; reenacted Revised Code 1907, § 5178; reenacted Revised Code of Montana 1921, § 7685; California Civil Code § 1864; Field Code of New York Civil Code § 938; reenacted Revised Code of Montana 1935, § 7685; Revised Code of Montana 1947, 20-401. Amended by Laws 2009, ch. 56, § 2070, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES

Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards

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70-5-103. Duty to inform owner when known

If a person finds money, goods, things in action, or other personal property or saves a domestic animal from drowning or starvation when the property is of a value of $10 or more and the person knows or suspects who the owner is, the person shall use reasonable diligence to inform the owner and make restitution without compensation, further than a reasonable charge for saving and taking care of the property. If the person fails to do so, the person is liable in damages to the owner and does not have a claim to any reward offered by the owner for the recovery of the thing or to any compensation for the person's trouble or expenses.

CREDIT(S)

Enacted Political Code 1895, § 2900; reenacted Revised Code 1907, § 1996; reenacted Revised Code of Montana 1921, § 7694; California Political Code § 3136; reenacted Revised Code of Montana 1935, § 7694; Revised Code of Montana 1947, 20-410(part). Amended by Laws 1979, ch. 115, § 2; amended by Laws 2009, ch. 56, § 2071, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES

Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards

.

70-5-104. Right of finder to require proof of claimant's ownership

     The finder of a thing may in good faith before giving it up require reasonable proof of ownership from any person claiming it.

History: En. Sec. 2522, Civ. C. 1895; re-en. Sec. 5180, Rev. C. 1907; re-en. Sec. 7687, R.C.M. 1921; Cal. Civ. C. Sec. 1866; Field Civ. C. Sec. 940; re-en. Sec. 7687, R.C.M. 1935; R.C.M. 1947, 20-403.


 

70-5-105. Compensation of finder

The finder of a thing is entitled to compensation for all expenses necessarily incurred by the finder in its preservation and for any other service necessarily performed by the finder about it and to a reasonable reward for keeping it.

CREDIT(S)

Enacted Civil Code 1895, § 2523; reenacted Revised Code 1907, § 5181; reenacted Revised Code of Montana 1921, § 7688; California Civ. § 1867; Field Code of New York. Civil Code § 941; reenacted Revised Code of Montana 1935, § 7688; Revised Code of Montana 1947, 20-404. Amended by Laws 2009, ch. 56, § 2072, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES

Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards

.

70-5-106. Exoneration of finder by storage of thing found

The finder of a thing may be exonerated from liability at any time by placing it in storage with any responsible person of good character at a reasonable expense.

CREDIT(S)

Enacted Civil Code 1895, § 2524; reenacted Revised Code 1907, § 5182; reenacted Revised Code of Montana 1921, § 7689; California Civil Code § 1868; Field Code of New York Civil Code § 942; reenacted Revised Code of Montana 1935, § 7689; Revised Code of Montana 1947, 20-405. Amended by Laws 2009, ch. 56, § 2073, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES

Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards

.

 

70-5-107. Exoneration of owner by surrender of thing to finder

The owner of a thing found may be exonerated from the claims of the finder by surrendering it to the finder in satisfaction of the claims.

CREDIT(S)

Enacted Civil Code 1895, § 2527; reenacted Revised Code 1907, § 5185; reenacted Revised Code of Montana 1921, § 7692; California Civil Code § 1868; Field Code of New York. Civil Code § 945; reenacted Revised Code of Montana 1935, § 7692; Revised Code of Montana 1947, 20-408. Amended by Laws 2009, ch. 56, § 2074, eff. Oct. 1, 2009.

HISTORICAL AND STATUTORY NOTES

Laws 2009, ch. 56, amended this section to provide gender neutral language and conform to current bill drafting standards.


 

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