reglab/housing_qa huggingface dataset:
MT Code § 76-15-726 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-726. Appeal to district court from board decision

  76-15-726. Appeal to district court from board decision. (1) A petitioner aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, the supervisors of the district, or an intervening party may obtain a review of the order in any district court of the county in which the lands of the petitioner lie by filing in the court a petition praying that the order of the board of adjustment be modified or set aside.   (2) A copy of the petition must immediately be served upon the parties to the hearing before the board of adjustment, and after service the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board of adjustment, including the documents and testimony upon which the order complained of was entered and the findings, determination, and order of the board of adjustment.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part); amd. Sec. 291, Ch. 418, L. 1995.
MT Code § 76-15-727 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-727. Court proceedings

  76-15-727. Court proceedings. (1) Upon the filing, the court shall cause notice of the filing to be served upon the parties, and the court has jurisdiction of the proceedings and of the questions determined or to be determined in the proceedings, may grant temporary relief as it considers just and proper, and make and enter a decree enforcing, modifying and enforcing as modified, or setting aside, in whole or in part, the order of the board of adjustment.   (2) A contention that is not urged before the board of adjustment may not be considered by the court unless the failure or neglect to urge the contention is excused because of extraordinary circumstances. The findings of the board of adjustment as to the facts, if supported by evidence, are conclusive.   (3) If a party applies to the court for leave to produce additional evidence and shows to the satisfaction of the court that the evidence is material and that there are reasonable grounds for the failure to produce the evidence in the hearing before the board of adjustment, the court may order the additional evidence to be taken before the board of adjustment and to be made a part of the transcript. The board of adjustment may modify its findings as to the facts or make new findings, taking into consideration the additional evidence taken and filed, and it shall file the modified or new findings which, if supported by evidence, are conclusive and shall file with the court its recommendations, if any, for the modification or setting aside of its original order.   (4) The jurisdiction of the court is exclusive and its judgment and decree are final, except that they are subject to review in the same manner as are other judgments or decrees of the court.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part); amd. Sec. 292, Ch. 418, L. 1995.
MT Code § 76-15-801 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-801. Change of district name

  76-15-801. Change of district name. Petitions for changing the name of a district organized under this chapter may be filed with the department. The petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. If the department determines that the proposed new name is not identical with or so similar to that of any other district in the state as to lead to confusion or uncertainty, it shall present a statement of that determination to the secretary of state, who shall issue to the district a certificate, under the seal of the state, evidencing the change of name of the district. Upon the issuance of the certificate, the supervisors of the district shall cause due notice to be given of the change of the name of the district.   History: En. 76-117 by Sec. 1, Ch. 46, L. 1951; amd. Sec. 1, Ch. 41, L. 1959; amd. Sec. 13, Ch. 431, L. 1971; amd. Sec. 96, Ch. 253, L. 1974; R.C.M. 1947, 76-117(1).
MT Code § 76-15-802 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-802. Procedure to add territory to a district

  76-15-802. Procedure to add territory to a district. Petitions for including additional territory within an existing district may be filed with the department, and the proceedings provided for in part 2 in the case of petitions to organize a district shall be followed in the case of petitions for the inclusion. The department shall prescribe the form for the petitions, which shall be as nearly as may be in the form prescribed in part 2 for petitions to organize a district. Where the total number of qualified electors in the area proposed for inclusion is less than 10, the petition may be filed when signed by a majority of the qualified electors of the area, and in that case no referendum need be held. In referenda upon petitions for the inclusion, all qualified electors within the proposed additional area are eligible to vote.   History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(10).
MT Code § 76-15-804 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-804. Petition to discontinue all or part of district

  76-15-804. Petition to discontinue all or part of district. (1) At any time after 5 years after the organization of a district under this chapter, 10% or more of the qualified electors within the boundaries of the district may file a petition with the department requesting the termination of the operations of the district or a part of the district and the discontinuance of the existence of the district or that part of the district.   (2) The department may conduct public meetings and public hearings upon the petition that are necessary to assist it in the consideration of the petition.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(1); amd. Sec. 10, Ch. 473, L. 1983; amd. Sec. 294, Ch. 418, L. 1995.
MT Code § 76-15-805 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-805. Referendum on question of discontinuance

  76-15-805. Referendum on question of discontinuance. (1) Within 60 days after the petition has been received by the department, it shall give due notice of the holding of a referendum and shall supervise the referendum and issue appropriate regulations governing the conduct thereof. The question is to be submitted by ballots upon which the words "For terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" and "Against terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" shall appear with the square before each proposition and a direction to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of the district or a part of the district.   (2) All qualified electors within the boundaries of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matters relative thereto shall invalidate the referendum or the result thereof if notice thereof is given substantially as herein provided and the referendum is fairly conducted.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(2).
MT Code § 76-15-806 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-806. Decision in case of petition for discontinuance of entire district

  76-15-806. Decision in case of petition for discontinuance of entire district. (1) In the case of petitions for discontinuance of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.   (2) If the department determines that the continued operation of the district is administratively practicable and feasible, it shall record that determination and deny the petition.   (3) If the department determines that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify the determination to the supervisors of the district.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(3)(a); amd. Sec. 295, Ch. 418, L. 1995.
MT Code § 76-15-807 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-807. Decision in case of petition for discontinuance of portion of district

  76-15-807. Decision in case of petition for discontinuance of portion of district. (1) In the case of petitions for discontinuance of part of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of a part of the district within the defined boundaries is administratively practicable and feasible.   (2) If the department determines that the continued operation of the district is not administratively practicable and feasible with a part of the district discontinued, it shall record that determination and deny the petition.   (3) If the department determines that the continued operation of the district is administratively practicable and feasible with a part of the district discontinued, it shall record that determination and shall certify the determination to the supervisors of the district.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(3)(b); amd. Sec. 296, Ch. 418, L. 1995.
MT Code § 76-15-808 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-808. Criteria for decision on discontinuance

  76-15-808. Criteria for decision on discontinuance. (1) In making the determination, the department shall give due regard and weight to the attitudes of the qualified electors lying within the district, the number of qualified electors eligible to vote in the referendum who voted, the proportion of the votes cast in the referendum in favor of the discontinuance of the district or part of the district to the total number of votes cast, the approximate wealth and income of the qualified electors of the district, the probable expense of carrying on erosion control operations within the district, and such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in 76-15-101 and 76-15-102.   (2) The department may not determine that the continued operation of the district or part of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum are cast in favor of the continuance of the district or part of the district.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(4); amd. Sec. 297, Ch. 418, L. 1995.
MT Code § 76-15-809 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-809. Procedure to terminate district

  76-15-809. Procedure to terminate district. (1) Upon certification of the department that the department has determined that the continued operation of the district or part of the district is not administratively practicable and feasible, pursuant to 76-15-804 through 76-15-810, the supervisors shall immediately proceed to terminate the affairs of the district or part of the district.   (2) The supervisors shall dispose of all property belonging to the district or part of the district at public auction and shall pay the proceeds of the sale into the state treasury.   (3) The supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the district or part of the district and shall transmit with the application the certificate of the department, setting forth the determination of the department that the continued operation of the district or part of the district is not administratively practicable and feasible. The application must state that the property of the district or part of the district has been disposed of and the proceeds paid to the treasury as provided in 76-15-804 through 76-15-810 and must set forth a full accounting of the properties and proceeds of the sale.   (4) The secretary of state shall issue to the supervisors a certificate of dissolution and shall record the certificate in an appropriate book of record in the secretary of state's office.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(5); amd. Sec. 298, Ch. 418, L. 1995.
MT Code § 76-15-810 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 8. Alteration and Termination of Conservation Districts|76-15-810. Effect of termination

  76-15-810. Effect of termination. (1) Upon issuance of a certificate of dissolution under 76-15-809, all ordinances and regulations theretofore adopted and in force within the district or in that part of the district are void.   (2) All contracts previously entered into, to which the district or supervisors are parties, remain in effect for the period provided in those contracts. The department shall be substituted for the district or supervisors as party to the contracts if the total district is discontinued. In this case the department is entitled to all benefits and subject to all liabilities under the contracts and has the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise as the supervisors of the district would have had.   (3) The dissolution does not affect the lien of any judgment entered under 76-15-708 through 76-15-710 or the pendency of an action instituted under those sections, and the department succeeds to all rights and obligations of the district or supervisors as to those liens and actions.   History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(6).
MT Code § 76-15-901 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 9. Coal Bed Methane Protection|76-15-901. Short title

  76-15-901. Short title. This part may be cited as the "Coal Bed Methane Protection Act".   History: En. Sec. 1, Ch. 531, L. 2001.
MT Code § 76-15-902 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 9. Coal Bed Methane Protection|76-15-902. Legislative findings and declaration of purpose

  76-15-902. Legislative findings and declaration of purpose. (1) The legislature finds that the need for an economical supply of clean-burning energy is a national and state priority.   (2) The legislature further finds that Montana possesses plentiful reserves of clean-burning natural gas contained in coal beds.   (3) The legislature further finds that the extraction of natural gas from coal beds may result in unanticipated adverse impacts to land and to water quality and availability.   (4) The legislature declares that there is a compelling public need to promote efforts that preserve the environment and protect the right to use and enjoy private property. The legislature further declares that the purpose of this part is to establish a long-term coal bed methane protection account and a coal bed methane protection program for the purpose of compensating private landowners and water right holders for damage to land and to water quality and availability that is attributable to the development of coal bed methane wells.   (5) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators that own, develop, or operate coal bed methane wells and collection systems of their legal obligation to compensate landowners and water right holders for damages caused by the development of coal bed methane.   (6) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators from:   (a) any liability associated with the exploration or development of coal bed methane; or   (b) the responsibility to comply with any applicable provision of Titles 75, 82, and 85 and any other provision of law applicable to the protection of natural resources or the environment.   History: En. Sec. 2, Ch. 531, L. 2001.
MT Code § 76-15-903 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 9. Coal Bed Methane Protection|76-15-903. Definitions

  76-15-903. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Agricultural production" means the production of:   (a) any growing grass, crops, or trees attached to the surface of the land; or   (b) farm animals with commercial value.   (2) "Coal bed methane developer or operator" means the person who acquires a lease for the purpose of extracting natural gas from a coal bed.   (3) "Department" means the department of natural resources and conservation as provided for in Title 2, chapter 15, part 33.   (4) "Emergency" means the loss of a water supply that must be replaced immediately to avoid substantial damage to a landowner or a water right holder.   History: En. Sec. 3, Ch. 531, L. 2001.
MT Code § 76-15-904 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 9. Coal Bed Methane Protection|76-15-904. Coal bed methane protection account -- use

  76-15-904. Coal bed methane protection account -- use. (1) There is a coal bed methane protection account in the state special revenue fund.   (2) All money paid into the account must be invested by the board of investments. Earnings from investments must be deposited in the account.   (3) Subject to the conditions of subsections (4) and (5), money deposited in the account must be used to compensate landowners and water right holders for damages attributable to coal bed methane development as provided in this part.   (4) Money deposited in the fund and earnings of the fund may not be expended until after June 30, 2005. For fiscal years beginning after June 30, 2005, principal and earnings may be expended only in the case of an emergency. For fiscal years beginning after June 30, 2011, principal and earnings in the account may be expended for any purpose authorized pursuant to this part.   (5) Subject to legislative fund transfers, money in the account must be appropriated to the department for use by conservation districts that have private landowners or water right holders who qualify for compensation as provided in 76-15-905.   History: En. Sec. 4, Ch. 531, L. 2001; amd. Sec. 12, Ch. 522, L. 2003; amd. Sec. 11, Ch. 312, L. 2011.
MT Code § 76-15-1001 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 10. Procurement and Competitive Bidding|76-15-1001. Power to enter and execute contracts

  76-15-1001. Power to enter and execute contracts. A conservation district is authorized to make contracts necessary to implement the applicable powers granted by this chapter and to provide for the manner of executing contracts.   History: En. Sec. 1, Ch. 155, L. 2015.
MT Code § 76-15-1002 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 10. Procurement and Competitive Bidding|76-15-1002. and 76-15-1003 reserved

  76-15-1002 and 76-15-1003 reserved.
MT Code § 76-15-1004 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 10. Procurement and Competitive Bidding|76-15-1004. Service contracts

  76-15-1004. Service contracts. (1) Contracts for architectural, engineering, land surveying, auditing, accounting, or legal services that are estimated to:   (a) exceed the amount provided for in 18-8-212 may be entered into by publication of a request for qualifications pursuant to 76-15-1006 and negotiation with the most qualified responder;   (b) not exceed the amount provided for in 18-8-212 may be by direct negotiations.   (2) Contracts in which the majority of the services to be rendered constitute services other than architectural, engineering, land surveying, auditing, accounting, or legal services must be awarded under the procedure provided for in subsection (3).   (3) Except as provided in subsection (1), contracts may be entered into as follows:   (a) When the total contract value is estimated to be less than $5,000, a procurement technique may be used that best meets the conservation district's needs.   (b) When the total contract value is estimated to be between $5,001 and $25,000, a limited solicitation procedure must be used by receiving a minimum of three written or oral quotations. The limited solicitation procedure must be documented.   (c) When the total contract value is estimated to be greater than $25,000, a request for proposal or invitation to bid pursuant to 76-15-1006 must be used to select a contractor that best meets the conservation district's needs.   History: En. Sec. 2, Ch. 155, L. 2015.
MT Code § 76-15-1005 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 10. Procurement and Competitive Bidding|76-15-1005. Requirements for purchases or construction contracts

  76-15-1005. Requirements for purchases or construction contracts. For contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance under this chapter in excess of the limit provided in 7-5-2301, supervisors shall comply with the provisions of 76-15-1006 and may:   (1) award the contract to the lowest responsible bidder;   (2) postpone awarding a contract;   (3) reject any or all bids; or   (4) readvertise the contract.   History: En. Sec. 3, Ch. 155, L. 2015.