Mont. Code Ann. § 27-2-207

(2003)

Injuries involving property

Within 2 years is the period prescribed for the commencement of an action for:

(1) injury to or waste or trespass on real or personal property;

(2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property;

(3) killing or injuring stock by a railroad corporation or company.

Opinions construing this section

16 opinions
2024 MT 98 May 7, 2024 Affirmed
Missoula County v. DOC
Dissenting by Laurie McKinnon · 4 to 3
hiel, this Court decided Ritland v. Rowe, 260 Mont. 453, 861 P.2d 175 (1993), concluding that two statutes of limitation were applicable and were in conflict: § 27-2-207, MCA, which is the two-year limitation applied to injuries to property, and § 27-2-204(1), MCA, which is the three-year limitation for tort actions. 260 Mont. at 4
2023 MT 141N Jul 18, 2023 Reversed
Marble v. King
Majority by Beth Baker · 5 to 0
185, 376 P.3d 127 (citing § 27-2-102, MCA). ¶17 The Kings argue that all statutes of limitations expired on the Estate’s fraud and conversion claims.1 “Section 27-2-207, MCA, imposes a two-year period of limitations on civil claims predicated on an alleged tortious conversion of personal property.” Drescher v. Malee, 2022 MT 200,
2022 MT 200 Oct 18, 2022 Affirmed in part, reversed in part
Drescher v. Malee
Majority by Dirk M. Sandefur · 5 to 0
48, 220 P. 101, 102 (1923); Barrett v. Shipley, 63 Mont. 152, 159, 206 P. 430, 432 (1922); Hickey v. Breen, 40 Mont. 368, 372-73, 106 P. 881, 881 (1910). ¶12 Section 27-2-207, MCA, imposes a two-year period of limitations on civil claims predicated on an alleged tortious conversion of personal property. Kingman v. Weightman, 2017 MT 224
2020 MT 322N Dec 22, 2020 Affirmed
Margitan v. McAfee
Majority by Jim Rice · 5 to 0
m, 2006 MT 172, ¶ 19, 333 Mont. 9, 140 P.3d 478); § 27-17-201, MCA. The statute of limitation period for both conversion and claim and delivery is two years. Section 27-2-207(2), MCA; State ex rel. Egeland v. Cut Bank, 245 Mont. 484, 491, 803 P.2d 609, 613-14 (1990) (applying § 27-2-207(2), MCA, to a claim and delivery action rather than ?
2020 MT 34 Feb 11, 2020 Affirmed
Kucera v. Billings
Majority by Mike McGrath · 5 to 0
e City also argued, as it does now, that Kucera’s claims for inverse condemnation and nuisance were barred by the two-year statute of limitations pursuant to § 27-2-207(1), MCA. 3 negligence claims. On April 23, 2019, the District Court granted the City’s motion and dismissed Kucera’s claims, holding that both of Kucera’s cl
Official Annotations archive.org, 2003 edition
History:
Ap. p. Sec. 1, p. 50, L. 1893
Re-en. Sec. 524, C. Civ. Proc. 1895
Amd. Sec. 1, Ch. 128, L. 1903
Re-en. Sec. 6449, Rev. C. 1907
Amd. Sec. 1, Ch. 47, L. 1917
Amd. Sec. 1, Ch. 172, L. 1921
Re-en. Sec. 9033, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 338
Re-en. Sec. 9033, R.C.M. 1935
Amd. Sec. 1, Ch. 423, L. 1975
Sec. 93-2607, R.C.M. 1947
Ap. p. Sec. 510, C. Civ. Proc. 1895
Re-en. Sec. 6443, Rev. C. 1907
Re-en. Sec. 9027, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 335
Re-en. Sec. 9027, R.C.M. 1935
Sec. 93-2601, R.C.M. 1947
R.C.M. 1947, 93-2601(part), 93-2607(part).