reglab/housing_qa huggingface dataset:
MT Code § 7-2-4733 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4733. Vote required on proposed capital improvements

  7-2-4733. Vote required on proposed capital improvements. The plan required in 7-2-4732 must include a methodology whereby the residents within the area to be annexed may vote on any proposed capital improvements. If less than 50% of the residents in the section or sections to be annexed vote in favor of the annexation, the area may not be annexed. An election pursuant to this section must be conducted as provided in Title 13, chapter 1, part 4.   History: En. 11-518 by Sec. 5, Ch. 364, L. 1974; R.C.M. 1947, 11-518(part); amd. Sec. 20, Ch. 250, L. 1979; amd. Sec. 30, Ch. 49, L. 2015.
MT Code § 7-2-4734 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4734. Standards to be met before annexation can occur

  7-2-4734. Standards to be met before annexation can occur. A municipal governing body may extend the municipal corporate limits to include any area that meets the following standards:   (1) The area must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun.   (2) No part of the area may be included within the boundary of another incorporated municipality.   (3) The area must be included within and the proposed annexation must conform to a growth policy adopted pursuant to Title 76, chapter 1.   (4) (a) If fire protection services in the area to be annexed have been provided by a fire district organized under Title 7, chapter 33, part 21, the plan must:   (i) include provisions for coordinating the transfer of fire protection services to the municipality and compensating the district, if necessary, for equipment and district expenses; or   (ii) describe the municipality's plans to annex to the rural fire district pursuant to 7-33-4115.   (b) Upon transfer of fire protection services to a municipality under subsection (4)(a)(i), the existing boundaries of a rural fire district may be altered or the fire district may be dissolved as provided in 7-33-2401.   History: En. 11-519 by Sec. 6, Ch. 364, L. 1974; amd. Sec. 1, Ch. 81, L. 1977; R.C.M. 1947, 11-519(1), (2); amd. Sec. 1, Ch. 582, L. 1999; amd. Sec. 7, Ch. 186, L. 2011; amd. Sec. 2, Ch. 74, L. 2019.
MT Code § 7-2-4735 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4735. Guidelines for new boundaries of municipality

  7-2-4735. Guidelines for new boundaries of municipality. In fixing new municipal boundaries, a municipal governing body shall:   (1) wherever practical, use natural topographic features such as ridgelines, streams, and creeks as boundaries; and   (2) if a street is used as a boundary, include within the municipality land on both sides of the street, with such outside boundary not extending more than 200 feet beyond the right-of-way of the street.   History: En. 11-519 by Sec. 6, Ch. 364, L. 1974; amd. Sec. 1, Ch. 81, L. 1977; R.C.M. 1947, 11-519(3).
MT Code § 7-2-4736 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4736. Preservation of existing garbage or solid waste service in event of annexation

  7-2-4736. Preservation of existing garbage or solid waste service in event of annexation. A municipality that annexes or incorporates additional area within the service area of a motor carrier authorized by the public service commission to provide that service may not provide exclusive garbage and solid waste disposal service or impose charges or assessments for services not provided to any person or business located in the annexed or incorporated area except upon a proper showing to the public service commission that the existing carrier is unable to or refuses to provide adequate service to the annexed or incorporated area.   History: En. 11-526 by Sec. 1, Ch. 131, L. 1977; R.C.M. 1947, 11-526; amd. Sec. 1, Ch. 434, L. 1979; amd. Sec. 1, Ch. 381, L. 1987; amd. Sec. 1, Ch. 301, L. 2011.
MT Code § 7-2-4737 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4737. through 7-2-4740 reserved

  7-2-4737 through 7-2-4740 reserved.
MT Code § 7-2-4741 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4741. Right to court review when area annexed

  7-2-4741. Right to court review when area annexed. (1) Within 30 days following the passage of an annexation ordinance under authority of this part, a petition seeking review of the annexation procedures of the governing body of the municipality may be filed in the district court in which the municipality is located by:   (a) either a majority of the real property owners of the area to be annexed or the owners of more than 75% in assessed valuation of the real estate in the area who believe that they will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this part or to meet the requirements set forth in 7-2-4734 and 7-2-4735, as applied to their property; and   (b) the county from which the land is being annexed.   (2) If two or more petitions for review are submitted to the court, the court may consolidate the petitions for review at a single hearing.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(1), (2); amd. Sec. 16, Ch. 66, L. 1995; amd. Sec. 8, Ch. 186, L. 2011.
MT Code § 7-2-4742 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4742. Court review and decision when area annexed

  7-2-4742. Court review and decision when area annexed. (1) The review authorized under 7-2-4741 shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs and may take evidence intended to show that either:   (a) the statutory procedure was not followed; or   (b) the provisions of 7-2-4731 through 7-2-4735 were not met.   (2) The court may affirm the action of the governing body without change, or it may:   (a) remand the ordinance to the municipal governing body for further proceedings if procedural irregularities are found to have materially prejudiced the substantive rights of any of the petitioners;   (b) remand the ordinance to the municipal governing body for amendment of the boundaries to conform to the provisions of 7-2-4734 and 7-2-4735, but the court cannot remand the ordinance to the municipal governing body with directions to add an area to the municipality which was not included in the notice of public hearing and not provided for in plans for service; or   (c) remand the report to the municipal governing body for amendment of the plans for providing services to the end that the provisions of 7-2-4731 through 7-2-4733 are satisfied.   (3) If any municipality fails to take action in accordance with the court's instructions upon remand within 3 months from receipt of such instructions, the court may in its discretion extend the time for compliance.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(3).
MT Code § 7-2-4743 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4743. Presumption that municipal actions lawful

  7-2-4743. Presumption that municipal actions lawful. All decisions and findings of the governing body of the municipality shall be presumed to be reasonable and lawful until and unless they are modified or set aside by the governing body or upon review.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(5).
MT Code § 7-2-4744 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4744. Appeal from district court

  7-2-4744. Appeal from district court. Any party to the review proceedings, authorized under 7-2-4741 including the municipality, may appeal to the Montana supreme court from the final judgment of the district court under rules of procedure applicable in other civil cases. The appealing party may apply to the lower court for a stay in its final determination or a stay of the annexation ordinance, whichever shall be appropriate, pending the outcome of the appeal to the higher court. The lower court may, with the agreement of the municipality, permit annexation to be effective with respect to any part of the area concerning which no appeal is being made.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(part).
MT Code § 7-2-4745 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4745. Effect of appeal on effective date of annexation

  7-2-4745. Effect of appeal on effective date of annexation. If part or all of the area annexed under the terms of an annexation ordinance is the subject of an appeal to the lower or higher court on the effective date of the ordinance, then the ordinance shall be deemed amended to make the effective date with respect to such area the date of the final judgment of the lower or higher court, whichever is appropriate, or the date the municipal governing board completes action to make the ordinance conform to the court's instructions in the event of remand.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(part).
MT Code § 7-2-4746 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4746. Appeal provisions exclusive

  7-2-4746. Appeal provisions exclusive. No decisions of the governing body shall be subject to collateral attack, and decisions may be reviewed or modified only in the manner provided in 7-2-4741 through 7-2-4744.   History: En. 11-522 by Sec. 9, Ch. 364, L. 1974; R.C.M. 1947, 11-522(6).
MT Code § 7-2-4747 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4747. through 7-2-4750 reserved

  7-2-4747 through 7-2-4750 reserved.
MT Code § 7-2-4751 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4751. Right to court review when area not annexed

  7-2-4751. Right to court review when area not annexed. (1) If within 60 days of receiving a valid petition the governing body fails to pass a resolution of intent to annex, the petitioners may file a petition in the district court of the district in which the municipality is located.   (2) The municipality must be designated as the defendant in the cause and is required to appear and answer as in other cases.   History: En. 11-523 by Sec. 10, Ch. 364, L. 1974; R.C.M. 1947, 11-523(part); amd. Sec. 17, Ch. 66, L. 1995.
MT Code § 7-2-4752 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4752. Court review and decision when area not annexed

  7-2-4752. Court review and decision when area not annexed. (1) The court, without a jury, shall hear and determine the questions presented in the petition.   (2) The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:   (a) essential municipal services and facilities are not available to the inhabitants of such territory;   (b) the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and   (c) at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.   (3) If, however, the evidence does not establish all three of the foregoing factors, the court shall deny the petition to annex and dismiss the proceeding.   History: En. 11-523 by Sec. 10, Ch. 364, L. 1974; R.C.M. 1947, 11-523(part).
MT Code § 7-2-4753 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4753. through 7-2-4760 reserved

  7-2-4753 through 7-2-4760 reserved.
MT Code § 7-2-4761 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 47. Annexation With the Provision of Services|7-2-4761. When land conclusively presumed to be annexed

  7-2-4761. When land conclusively presumed to be annexed. A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.   History: En. Sec. 1, Ch. 109, L. 1981.
MT Code § 7-2-4801 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4801. Use of terms contiguous and adjacent

  7-2-4801. Use of terms contiguous and adjacent. For the purposes of this part, the words "contiguous" and "adjacent" shall include property on the opposite side of a street or alley from the property sought to be withdrawn.   History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
MT Code § 7-2-4802 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4802. Exclusion of land from municipalities

  7-2-4802. Exclusion of land from municipalities. The boundaries of any incorporated city or town of this state may be altered and a portion of the territory thereof excluded therefrom, and the councils of such cities and towns are hereby granted power to enact resolutions for that purpose after proceedings had as required in this part.   History: En. Sec. 1, Ch. 33, L. 1927; re-en. Sec. 4979.1, R.C.M. 1935; R.C.M. 1947, 11-501.
MT Code § 7-2-4803 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4803. Petition to exclude land

  7-2-4803. Petition to exclude land. (1) A petition in writing, signed by a number of the qualified electors residing within the corporate limits of such city or town equal to a majority of the votes cast at the last city election held therein or by the owners of not less than three-fourths in value of the territory sought to be excluded, shall be filed with the clerk of such city or town.   (2) Such petition shall be presented to the council of such city or town at the next regular meeting after the filing thereof.   History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
MT Code § 7-2-4804 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4804. Contents of petition

  7-2-4804. Contents of petition. (1) Such petition shall set out and describe the territory to be excluded from the corporate limits, which territory must be on the border of such city or town, and the alteration of the boundaries desired by the petitioners, together with the boundaries of the city or town as it will exist after such change is made. Said petition shall also describe the streets, avenues, alleys, and public places, if any, in the territory sought to be excluded and shall distinctly specify which of said streets, avenues, alleys, or public places are to be retained for the use of the public after the territory has been excluded from the corporate limits of such city or town.   (2) Such petition shall pray that the council of such city or town shall enact a resolution altering the boundaries of such city or town and excluding therefrom the territory therein described.   History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
MT Code § 7-2-4805 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4805. Resolution of intent to exclude land -- notice

  7-2-4805. Resolution of intent to exclude land -- notice. If the council by resolution finds that the petition is signed by the requisite number of qualified electors of the city or town or by the owners of not less than three-fourths in value of the territory to be excluded, that the territory petitioned to be excluded is within the corporate limits and on the border of the corporate limits, and that the granting of the petition is in the best interest of the city or town and the inhabitants and will not materially mar the symmetry of the city or town, the city or town clerk shall publish a notice as provided in 7-1-4127.   History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part); amd. Sec. 10, Ch. 354, L. 2001.
MT Code § 7-2-4806 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4806. Contents of notice -- protest period

  7-2-4806. Contents of notice -- protest period. The notice shall be to the effect that:   (1) such resolution has been duly and regularly passed; and   (2) for a period of 20 days after the first publication of such notice, such city or town clerk will receive from the owners of the territory proposed to be excluded expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of such city or town by the exclusion of the territory petitioned to be excluded.   History: En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; R.C.M. 1947, 11-502(part).
MT Code § 7-2-4807 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4807. Hearing on question of exclusion -- resolution of exclusion

  7-2-4807. Hearing on question of exclusion -- resolution of exclusion. (1) The clerk shall, at the next regular meeting of the city or town council after expiration of the 20 days, provide the council with all written communications received by the clerk for its consideration. If after considering the communications the council adopts a resolution to that effect, the boundaries of the city or town must be altered to exclude the territory described in the petition. The resolution must also describe the streets, avenues, alleys, and public places in the excluded territory that are to be vacated and abandoned.   (2) The resolution becomes effective 30 days after its passage and approval, and the boundary of the city or town is as set forth in the resolution.   (3) The resolution may not be finally adopted by the council after written disapproval by a majority of the owners in value of the territory proposed to be excluded or after written disapproval or protest by a majority of the owners in value of property within the corporate limits of the city or town immediately adjacent and contiguous to the territory sought to be excluded.   History: (1), (3)En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; Sec. 11-502, R.C.M. 1947; (2)En. Sec. 3, Ch. 33, L. 1927; re-en. Sec. 4979.3, R.C.M. 1935; Sec. 11-503, R.C.M. 1947; R.C.M. 1947, 11-502(part), 11-503(part); amd. Sec. 289, Ch. 61, L. 2007.
MT Code § 7-2-4808 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4808. Resolution and revised municipal map to be filed

  7-2-4808. Resolution and revised municipal map to be filed. (1) Within 30 days after the passage and approval of said resolution, a copy thereof, duly certified by the clerk of said city or town, together with a map showing the corporate limits of said city or town as altered and changed, shall be filed in the office of the county clerk and recorder of the county in which said city or town is located.   (2) Upon the filing of the certified copy of the resolution, all such streets, avenues, alleys, and public places to be abandoned or vacated, unless expressly excepted in said resolution, shall be deemed to be vacated and abandoned and the title thereto shall revert to the owners of the adjacent property.   History: (1) En. Sec. 3, Ch. 33, L. 1927; re-en. Sec. 4979.3, R.C.M. 1935; Sec. 11-503, R.C.M. 1947; (2)En. Sec. 2, Ch. 33, L. 1927; amd. Sec. 2, Ch. 130, L. 1935; re-en. Sec. 4979.2, R.C.M. 1935; Sec. 11-502, R.C.M. 1947; R.C.M. 1947, 11-502(part), 11-503(part).
MT Code § 7-2-4809 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4809. Liability of excluded territory for existing indebtedness

  7-2-4809. Liability of excluded territory for existing indebtedness. Such alteration shall not relieve any territory excluded from the limits of a city or town from its liability on account of any outstanding bonded indebtedness of such city or town or any indebtedness of any improvement district of which the excluded territory is a part, existing at the time of the passage of such resolution.   History: En. Sec. 4, Ch. 33, L. 1927; re-en. Sec. 4979.4, R.C.M. 1935; R.C.M. 1947, 11-504.
MT Code § 7-2-4810 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 2. Creation, Alteration, and Abandonment of Local Governments|Part 48. Exclusion of Land|7-2-4810. Jurisdiction of municipality to levy tax to pay existing indebtedness

  7-2-4810. Jurisdiction of municipality to levy tax to pay existing indebtedness. For the purpose of levying any tax or assessment necessary for the collection of any of the indebtedness specified in 7-2-4809, the territory so excluded shall be and remain under the jurisdiction of such city or town.   History: En. Sec. 5, Ch. 33, L. 1927; re-en. Sec. 4979.5, R.C.M. 1935; R.C.M. 1947, 11-505.