Hawkins v. Mahoney

*106¶28 I join Chief Justice Turnage’s dissenting opinion and write separately to voice additional concerns about the Court’s analysis.

¶29 “Abandonment” is “[t]he relinquishing of a right or interest with the intention of never again claiming it.” Black’s Law Dictionary 1 (7th ed. 1999). Under this definition, it is clear that the determination of whether abandonment — that is, relinquishment and intent — has occurred is to be made at the time of the acts at issue.

¶30 Montana law on abandonment is in accord. Abandonment of property in the context of the Montana Residential Landlord and Tenant Act…