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Notice to Trespasser to Personal Property for Reimbursement for...

Montana Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02586BG

Format:

Instant download

Description

Trespass to personal property may be defined as intentionally dispossessing another of the property, or using or intermeddling with the property in the possession of another. One may be guilty of such trespass under the following conditions:

" He dispossesses the other of the property, or

" The property chattel is impaired as to its condition, quality, or value, or

" The possessor is deprived of the use of the property for a substantial time, or

" Bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

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FAQ

45-6-201. Definition of enter or remain unlawfully. (1) A person enters or remains unlawfully in or upon any vehicle, occupied structure, or premises when the person is not licensed, invited, or otherwise privileged to do so.

Legal Action Against a Trespasser In this case, the amount of compensation will be equal to the price that a reasonable person would pay for the right to pass over the land.

The Trespasser Responsibility Act provides that land possessors owe no duty of care to trespassers and are not liable for harms to trespassers except in limited situations that are recognized in the common law of most states.

A. MCA 45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139 and 70-16-111, a person commits the offense of criminal trespass to property if the person knowingly: (a) enters or remains unlawfully in an occupied structure; or (b) enters or remains unlawfully in or upon the premises of another.

Under MCA § 45-6-101, a person commits the offense of criminal mischief if the person knowingly or purposely: injuries, damages, or destroys any property of another or public property without consent; or.

Criminal Statute of Limitations in Montana In Montana, all misdemeanors carry a one-year statute of limitations. Felonies are more varied, with a 10-year time limit for rape or 10 years after victim reaches 18 years of age. Most other felonies carry a five-year time limit.

Burglary. 45-6-204. Burglary. (1) A person commits the offense of burglary if he knowingly enters or remains unlawfully in an occupied structure with the purpose to commit an offense therein.

45-6-203. Criminal trespass to property. (b) enters or remains unlawfully in or upon the premises of another. (2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

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