Montana · MCA 75-10-1305Montana meth and fentanyl contamination: written notice before the sale unless it was remediated

Montana's contamination law covers buildings used as a clandestine methamphetamine or fentanyl drug lab, or contaminated with hazardous chemical residues from consuming methamphetamine or fentanyl, that are occupied as a dwelling or business or may be sold or leased (MCA 75-10-1302(3)). An owner who knows the property was used or contaminated that way must notify any later purchaser or occupant in writing if it has not been remediated to the Department of Environmental Quality's standards by a certified contractor (MCA 75-10-1305(1)). Instead, the owner or agent may give notice that a certified contractor's documentation was submitted showing the property was remediated to the standard, or that it meets the standard without decontamination (75-10-1305(2)). Either notice must be given before the parties agree to the sale or lease (75-10-1305(3)). If the department has confirmed the standard is met and that notice was given, the owner and the owner's agent are not liable in an action by the person notified based on methamphetamine in the property (75-10-1305(4)).