reglab/housing_qa huggingface dataset:
MT Code § 7-4-2704 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2704. Limitations on activities of county attorneys and deputy county attorneys

  7-4-2704. Limitations on activities of county attorneys and deputy county attorneys. (1) The county attorney, except for the county attorney's personally rendered services, may not present a claim, account, or other demand for allowance against the county or in any way advocate the relief asked on the claim or demand made by another.   (2) Except as provided in subsection (4), in each county in which the office of county attorney is a full-time position pursuant to 7-4-2706, the county attorney is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except that the county attorney may engage in self-representation and may represent the county attorney's immediate family.   (3) Except as provided in subsection (4), a deputy county attorney in a county in which the office of county attorney is a full-time position pursuant to 7-4-2706 who is paid 70% or more of the county attorney's salary is prohibited from engaging in the private practice of law or sharing directly or indirectly in the profits of any private practice of law, except as to those matters in which the deputy county attorney has a direct interest.   (4) Any elected or appointed county attorney and any deputy county attorney must, upon demonstration of need to the board of county commissioners, be granted a period of time, not to exceed 3 months from the date that the person takes office, to complete any pending matters remaining from a previous private practice of law. During that time, the county attorney and any appointed deputy are bound by the customary rules of ethics applicable to attorneys at law.   History: Ap. p. Sec. 4453, Pol. C. 1895; re-en. Sec. 3055, Rev. C. 1907; re-en. Sec. 4822, R.C.M. 1921; Cal. Pol. C. Sec. 4258; re-en. Sec. 4822, R.C.M. 1935; Sec. 16-3104, R.C.M. 1947; Ap. p. Secs. 1, 4, Ch. 102, L. 1975; Secs. 16-3106, 16-3108, R.C.M. 1947; R.C.M. 1947, 16-3104, 16-3106, 16-3108; amd. Sec. 1, Ch. 300, L. 1981; amd. Sec. 424, Ch. 61, L. 2007; amd. Sec. 4, Ch. 230, L. 2007.
MT Code § 7-4-2705 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2705. Employment of special counsel

  7-4-2705. Employment of special counsel. The board of county commissioners may employ or authorize the county attorney to employ special counsel to assist in the prosecution of any criminal case pending in the county or to represent the county in any civil action in which the county is a party.  History: En. Sec. 4, Ch. 61, L. 1909; re-en. Sec. 4486, R.C.M. 1921; re-en. Sec. 4486, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1947; R.C.M. 1947, 16-1126(part); amd. Sec. 14, Ch. 128, L. 2011; amd. Sec. 1, Ch. 364, L. 2021.
MT Code § 7-4-2706 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2706. County attorney to be full or part time -- resolution

  7-4-2706. County attorney to be full or part time -- resolution. (1) (a) In a county with a population of less than 30,000, the county commissioners may, with the consent of the county attorney, by resolution effective July 1 of any year, establish the office of county attorney as a full-time or part-time position.   (b) A copy of a resolution adopted under subsection (1)(a) must be provided to the department of justice.   (2) In a county with a population of 30,000 or more, the office of county attorney must be a full-time position.   History: En. Sec. 1, Ch. 669, L. 1979; amd. Sec. 1, Ch. 301, L. 1981; amd. Sec. 5, Ch. 507, L. 2001; amd. Sec. 5, Ch. 230, L. 2007.
MT Code § 7-4-2707 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2707. Contract for services of county attorney from another county

  7-4-2707. Contract for services of county attorney from another county. The county commissioners of any county may, upon the consent of the county attorney, by agreement with the commissioners and county attorney of any other county, contract in writing to employ any other county attorney or attorney member of a county attorney's staff to perform civil or criminal legal services for the county at a reasonable rate. The provisions of this section are subject to the provisions of interlocal cooperative agreements.   History: En. Sec. 2, Ch. 669, L. 1979; amd. Sec. 425, Ch. 61, L. 2007.
MT Code § 7-4-2708 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2708. Contract for services of any other attorney

  7-4-2708. Contract for services of any other attorney. In any county, the county commissioners may employ any attorney licensed in Montana to perform any legal service in connection with the civil business of the county.   History: En. Sec. 3, Ch. 669, L. 1979; amd. Sec. 1, Ch. 58, L. 1989.
MT Code § 7-4-2709 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2709. and 7-4-2710 reserved

  7-4-2709 and 7-4-2710 reserved.
MT Code § 7-4-2711 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2711. County attorney to be legal adviser of county and other subdivisions

  7-4-2711. County attorney to be legal adviser of county and other subdivisions. (1) The county attorney is the legal adviser of the board of county commissioners. The county attorney shall attend their meetings when required and shall attend and oppose all claims and accounts against the county that are unjust or illegal. The county attorney shall defend all suits brought against the county.   (2) The county attorney shall:   (a) give, when required and without fee, an opinion in writing to the county, district, and township officers on matters relating to the duties of their respective offices;   (b) act as counsel, without fee, for fire districts and fire service areas in unincorporated territories, towns, or villages within the county;   (c) when requested by a conservation district pursuant to 76-15-319, act as counsel, without fee;   (d) when requested by a weed district pursuant to 7-22-2109, act as counsel, without fee; and   (e) when requested by a county hospital board pursuant to 7-34-2115, act as counsel, without fee, unless the legal action requested involves the county commissioners.   History: Ap. p. Sec. 4451, Pol. C. 1895; re-en. Sec. 3053, Rev. C. 1907; re-en Sec. 4820, R.C.M. 1921; Cal. Pol. C. Sec. 4257; re-en. Sec. 4820, R.C.M. 1935; Sec. 16-3102, R.C.M. 1947; Ap. p. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; Sec. 16-3101, R.C.M. 1947; R.C.M. 1947, 16-3101(part), 16-3102; amd. Sec. 1, Ch. 533, L. 1979; amd. Sec. 1, Ch. 52, L. 1989; amd. Sec. 1, Ch. 7, L. 1991; amd. Sec. 1, Ch. 88, L. 1991; amd. Sec. 426, Ch. 61, L. 2007; amd. Sec. 1, Ch. 244, L. 2011.
MT Code § 7-4-2712 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2712. Prosecutorial duties

  7-4-2712. Prosecutorial duties. The county attorney is the public prosecutor and shall:   (1) institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed and for that purpose, whenever not otherwise officially engaged, must be present and assist the magistrate in cases of arrest and appear before and give advice to the grand jury whenever cases are presented to them for their consideration;   (2) draw all indictments and informations.   History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 427, Ch. 61, L. 2007.
MT Code § 7-4-2713 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2713. Actions to recover money

  7-4-2713. Actions to recover money. The county attorney shall prosecute all recognizances forfeited in the courts of record and all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county.   History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 428, Ch. 61, L. 2007.
MT Code § 7-4-2714 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2714. Recovery of illegally paid money

  7-4-2714. Recovery of illegally paid money. Whenever the board of county commissioners, without authority of law, orders any money paid as a salary or fee or for any other purpose and the money has been actually paid or whenever any other county officer has drawn a warrant in the officer's own favor or in favor of any other person without being authorized by the board or by law and the warrant has been paid, the county attorney shall institute an action in the name of the county against the person to recover the money and 25% damages for the use of the money. An order of the board is unnecessary to maintain this suit. Whenever the money has not been paid on the order or warrant, it is the duty of the county attorney, upon receiving notice, to commence an action in the name of the county for restraining the payment of the money, and an order of the board is unnecessary to maintain the action.   History: En. Secs. 4200, 4452, Pol. C. 1895; re-en. Secs. 2880, 3054, Rev. C. 1907; re-en. Secs. 4451, 4821, R.C.M. 1921; re-en. Secs. 4451, 4821, R.C.M. 1935; R.C.M. 1947, 16-812, 16-3103; amd. Sec. 18, Ch. 443, L. 1979; amd. Sec. 429, Ch. 61, L. 2007.
MT Code § 7-4-2715 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2715. Records and reports

  7-4-2715. Records and reports. The county attorney shall:   (1) deliver receipts for money or property received in an official capacity and file duplicates of the receipts with the county treasurer;   (2) on the first Monday of January, April, July, and October in each year file with the county clerk an account, verified by oath, of all money received by the county attorney in an official capacity during the preceding 3 months and at the same time pay it over to the county treasurer.   History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(4), (5), (8); amd. Sec. 430, Ch. 61, L. 2007; amd. Sec. 12, Ch. 291, L. 2009.
MT Code § 7-4-2716 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2716. Duties related to state matters

  7-4-2716. Duties related to state matters. The county attorney shall:   (1) attend the district court and conduct, on behalf of the state, all prosecutions for public offenses and represent the state in all matters and proceedings to which it is a party or in which it may be beneficially interested, at all times and in all places within the limits of the county;   (2) when ordered or directed by the attorney general to do so, promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any criminal or civil action or special proceeding;   (3) defend all suits brought against the state.   History: En. Sec. 4450, Pol. C. 1895; amd. Sec. 1, p. 76, L. 1899; re-en. Sec. 3052, Rev. C. 1907; re-en. Sec. 4819, R.C.M. 1921; Cal. Pol. C. Sec. 4256; amd. Sec. 1, Ch. 187, L. 1935; re-en. Sec. 4819, R.C.M. 1935; amd. Sec. 1, Ch. 17, L. 1965; R.C.M. 1947, 16-3101(part); amd. Sec. 431, Ch. 61, L. 2007.
MT Code § 7-4-2717 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2717. Other duties

  7-4-2717. Other duties. The county attorney must perform such other duties as are prescribed by law.   History: En. Sec. 4454, Pol. C. 1895; re-en. Sec. 3056, Rev. C. 1907; re-en. Sec. 4823, R.C.M. 1921; re-en. Sec. 4823, R.C.M. 1935; R.C.M. 1947, 16-3105.
MT Code § 7-4-2718 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 27. Office of County Attorney|7-4-2718. Referral of complaint

  7-4-2718. Referral of complaint. If a county attorney receives a complaint concerning official misconduct as provided in 45-7-401 of a local government public officer and the county attorney does not commence an action pursuant to 45-7-401(3), the county attorney shall refer the complaint and any relevant evidence for the attorney general's review as provided by 2-15-504 within 90 days of the receipt of the complaint.   History: En. Sec. 2, Ch. 173, L. 2017.
MT Code § 7-4-2801 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2801. Qualifications for county surveyor and deputies

  7-4-2801. Qualifications for county surveyor and deputies. (1) Except as provided in subsection (3), a county surveyor must be a professional engineer as defined in 37-67-101 or professional land surveyor as defined in 37-67-101.   (2) All deputies must also have a practical knowledge of engineering or land surveying.   (3) When the office of county surveyor is consolidated with another county office within the county, the requirements of subsection (1) are waived. Unless the officeholder has the qualifications prescribed in subsection (1), the officer shall, with the approval of the governing body, contract for the services of a person with those qualifications to perform the duties of county surveyor.   History: En. Sec. 1, Ch. 50, L. 1919; re-en. Sec. 4835, R.C.M. 1921; re-en. Sec. 4835, R.C.M. 1935; R.C.M. 1947, 16-3301; amd. Sec. 1, Ch. 174, L. 1985; amd. Sec. 1, Ch. 622, L. 1985; amd. Sec. 432, Ch. 61, L. 2007; amd. Sec. 9, Ch. 262, L. 2015.
MT Code § 7-4-2802 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2802. Employment of assistants to surveyor

  7-4-2802. Employment of assistants to surveyor. If a party for whom the county survey is made does not furnish the assistants, the surveyor may employ the necessary assistants and receive payment for the reasonable wages of all assistants necessarily employed.   History: En. Sec. 4474, Pol. C. 1895; re-en. Sec. 3061, Rev. C. 1907; re-en. Sec. 4843, R.C.M. 1921; Cal. Pol. C. Sec. 4272; re-en. Sec. 4843, R.C.M. 1935; R.C.M. 1947, 16-3309; amd. Sec. 433, Ch. 61, L. 2007.
MT Code § 7-4-2803 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2803. Situations involving use of other surveyors

  7-4-2803. Situations involving use of other surveyors. (1) Whenever the county surveyor is interested in any land the title to which is in dispute and a survey is necessary, the court shall direct the survey to be made by some disinterested person. The appointed person is, for the purpose, authorized to administer and certify oaths. The appointed person shall return the survey, verified by affidavit annexed to the survey, and receive for the services the same fees as the county surveyor would be entitled to for similar services.   (2) Whenever the county surveyor neglects, refuses, or is incompetent to perform the duties prescribed in this part, the board of county commissioners shall employ another competent civil engineer, who is subject to the laws governing the county surveyor.   History: (1)En. Sec. 4475, Pol. C. 1895; re-en. Sec. 3062, Rev. C. 1907; re-en. Sec. 4844, R.C.M. 1921; Cal. Pol. C. Sec. 4275; re-en. Sec. 4844, R.C.M. 1935; Sec. 16-3310, R.C.M. 1947; (2)En. Sec. 4478, Pol. C. 1895; re-en. Sec. 3065, Rev. C. 1907; re-en. Sec. 4847, R.C.M. 1921; re-en. Sec. 4847, R.C.M 1935; Sec. 16-3313, R.C.M 1947; R.C.M. 1947, 16-3310, 16-3313; amd. Sec. 19, Ch. 443, L. 1979; amd. Sec. 434, Ch. 61, L. 2007.
MT Code § 7-4-2804 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2804. through 7-4-2810 reserved

  7-4-2804 through 7-4-2810 reserved.
MT Code § 7-4-2811 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2811. Function of county surveyor

  7-4-2811. Function of county surveyor. (1) The county surveyor shall work under the direction of the board of county commissioners. The county surveyor may not incur any indebtedness on the part of the county without the prior order or approval of the board. The county surveyor must be provided with suitable office space, together with necessary equipment, to perform the various duties as prescribed by law.   (2) The county surveyor shall make all surveys, establish all grades, and prepare plans, specifications, and estimates.   (3) The county surveyor shall make progress reports and estimates of all work and other facts in relation to the work as may be required by the board.   History: Ap. p. Sec. 2, Ch. 50, L. 1919; amd. Sec. 1, Ch. 29, Ex. L. 1919; re-en. Sec. 4836, R.C.M. 1921; re-en. Sec. 4836, R.C.M. 1935; amd. Sec. 12-104, Ch. 197, L. 1965; amd. Sec. 1, Ch. 274, L. 1967; Sec. 16-3302, R.C.M. 1947; Ap. p. Sec. 4, Ch. 50, L. 1919; re-en. Sec. 4838, R.C.M. 1921; re-en. Sec. 4838, R.C.M. 1935; Sec. 16-3304, R.C.M. 1947; R.C.M. 1947, 16-3302(1) thru (3), 16-3304; amd. Sec. 435, Ch. 61, L. 2007.
MT Code § 7-4-2812 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2812. Duties related to roads and bridges

  7-4-2812. Duties related to roads and bridges. (1) The board of county commissioners may assign responsibility for the supervision and direction of all highways, bridges, and causeways within the county to a county surveyor or to a county road superintendent. The board may allocate the duties between the surveyor and the superintendent.   (2) The duties are to:   (a) keep all highways and bridges free and clear of all obstructions;   (b) grade, maintain, and repair all highways;   (c) construct, maintain, and repair all bridges and causeways;   (d) make all surveys;   (e) establish grades;   (f) prepare plans, specifications, and estimates;   (g) keep accurate cost data;   (h) approve all claims against the county for all highway, bridge, and causeway construction, maintenance, and repair, prior to presentation to the board of county commissioners;   (i) employ and assign deputies and staff;   (j) purchase and secure all highway and bridge machinery and machinery equipment and tools to be used upon highways and bridges, with the approval of the board;   (k) purchase and secure all highway, bridge, and causeway supplies and materials, with the approval of the board;   (l) from time to time, make reports and estimates of all matters relating to highways and bridges when required by the board; and   (m) perform other duties required by law.   (3) The surveyor must receive the annual salary provided by law for salaried county surveyors and other county officials.   History: En. Sec. 2, Ch. 50, L. 1919; amd. Sec. 1, Ch. 29, Ex. L. 1919; re-en. Sec. 4836, R.C.M. 1921; re-en. Sec. 4836, R.C.M. 1935; amd. Sec. 12-104, Ch. 197, L. 1965; amd. Sec. 1, Ch. 274, L. 1967; R.C.M. 1947, 16-3302(4); amd. Sec. 1, Ch. 336, L. 1995.
MT Code § 7-4-2813 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2813. Maintenance of records

  7-4-2813. Maintenance of records. (1) The county surveyor shall keep in the office a record of all surveys and plats made or caused to be made by the surveyor, to be recorded in proper books provided for that purpose. The county surveyor shall also keep on file and for record, in suitable plat books provided for that purpose, copies of all plats made or caused to be made by the surveyor and have recorded in the books a description of every public highway within the county.   (2) All books of record, together with original drawings and the original book or books of field notes, calculations, and computations, are and remain the property of the county and must be preserved as county records.   History: En. Sec. 3, Ch. 50, L. 1919; re-en. Sec. 4837, R.C.M. 1921; re-en. Sec. 4837, R.C.M. 1935; R.C.M. 1947, 16-3303; amd. Sec. 436, Ch. 61, L. 2007.
MT Code § 7-4-2814 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 4. Officers and Employees|Part 28. Office of County Surveyor|7-4-2814. Preparation of surveys

  7-4-2814. Preparation of surveys. (1) (a) The county surveyor shall:   (i) make any survey that is required by order of the court or upon application of any person;   (ii) keep a correct and fair record of all surveys made by the county surveyor;   (iii) number the surveys progressively in the order made; and   (iv) preserve a copy of the field notes and calculations of each survey and endorse on the copy its proper number.   (b) A copy of the field notes and calculations of each survey and a fair and accurate plat, together with the certificate of survey, must be furnished by the county surveyor to any person upon payment of the fees allowed by law.   (c) In all surveys the courses must be expressed according to the true meridian and the variation of the magnetic meridian from the true meridian must be expressed on the plat with the date of the survey.   (2) The county surveyor shall also keep a correct and plain record of all surveys made by the county surveyor for the county or for individuals or corporations that pertain to the public roads or bridges in a book provided for that purpose by the county, which must be transmitted to the successor in office.   History: Ap. p. Sec. 4470, Pol. C. 1895; re-en. Sec. 3057, Rev. C. 1907; re-en. Sec. 4839, R.C.M. 1921; Cal. Pol. C. Sec. 4268; re-en. Sec. 4839, R.C.M. 1935; Sec. 16-3305, R.C.M. 1947; Ap. p. Sec. 4473, Pol. C. 1895; re-en. Sec. 3060, Rev. C. 1907; re-en. Sec. 4842, R.C.M. 1921; Cal. Pol. C. Sec. 4271; re-en. Sec. 4842, R.C.M 1935; Sec. 16-3308, R.C.M 1947; R.C.M. 1947, 16-3305, 16-3308; amd. Sec. 437, Ch. 61, L. 2007.