Callant v. Federal Land Bank of Spokane

In an action to condemn a private road, defendants appeal from an order of the District Court of Golden Valley County, granting plaintiffs’ motion to tax costs and striking an expert appraiser’s fee and attorney fees from defendants’ memorandum of costs.

Plaintiffs brought an action to condemn a private road connecting their land to a county road, pursuant to section 93-9923, R.C.M.1947, now section 70-30-107 MCA. At the time of this action, the statute appeared in the chapter of the 1947 Montana Code entitled “Eminent Domain”. It provides as follows:

“Private roads may be opened in the manner…