reglab/housing_qa huggingface dataset:
MT Code § 76-15-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-204. Determination of need for district

  76-15-204. Determination of need for district. (1) After the hearing, if the department determines, upon the facts presented at the hearing and upon other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of the district.   (2) If the department determines after the hearing, after due consideration of the relevant facts, that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall deny the petition. After 6 months have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed and a new hearing held and determinations made on the petitions.   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(part); amd. Sec. 272, Ch. 418, L. 1995.
MT Code § 76-15-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-205. Criteria for determining need

  76-15-205. Criteria for determining need. In making the determinations and in defining the boundaries, the department shall consider the topography of the area considered and of the state, the composition of soils in the area, the distribution of erosion, the prevailing land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries, the relation of the proposed area to existing watersheds and agricultural regions and other conservation districts already organized or proposed for organization under this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in 76-15-101 and 76-15-102. The territory to be included within the boundaries need not be contiguous.   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(part); amd. Sec. 273, Ch. 418, L. 1995.
MT Code § 76-15-206 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-206. Determination of administrative practicability of district

  76-15-206. Determination of administrative practicability of district. After the department has made and recorded a determination that there is need in the interest of the public health, safety, and welfare for the organization of a district in a particular territory and has defined the boundaries of the district, it shall consider the question whether the operation of a district within the boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.   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(part); amd. Sec. 274, Ch. 418, L. 1995.
MT Code § 76-15-207 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-207. Referendum on question of creating district

  76-15-207. Referendum on question of creating district. (1) To assist the department in the determination of administrative practicability and feasibility, the department shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of the referendum to be given.   (2) The question must be submitted by ballots upon which the words "For creation of a conservation district of the lands below described and lying in the county(ies) of ...., ...., and ...." and "Against creation of a conservation district of the lands below described and lying in the county(ies) of .... and ...." must appear, with a 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 creation of the district. The ballot must set forth the boundaries of the proposed district as determined by the department.   (3) All qualified electors within the boundaries of the territory, as determined by the department, are eligible to vote in the referendum.   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(part); amd. Sec. 275, Ch. 418, L. 1995.
MT Code § 76-15-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-208. Administration of hearings and referenda

  76-15-208. Administration of hearings and referenda. (1) The department shall pay all expenses for the issuance of the notices and the conduct of the hearings and referenda and shall supervise the conduct of the hearings and referenda. It shall adopt appropriate rules governing the conduct of the hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in the referendum.   (2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof has been given substantially as herein provided and the referendum has been fairly conducted.   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(5).
MT Code § 76-15-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-209. Procedure following referendum

  76-15-209. Procedure following referendum. (1) The department shall publish the result of the referendum, and shall consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible.   (2) If the department determines that the operation of the district is administratively practicable and feasible, it shall record that determination and proceed with the organization of the district in the manner provided in this chapter.   (3) If the department determines that the operation of the district is not administratively practicable and feasible, it shall record that determination and deny the petition. After 6 months have expired from the date of entry of a determination by the department that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to the determination, subsequent petitions may be filed and action taken on the petitions in accordance with this part.   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(part); amd. Sec. 276, Ch. 418, L. 1995.
MT Code § 76-15-210 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-210. Criteria for determining administrative practicability

  76-15-210. Criteria for determining administrative practicability. (1) In making its determination, the department shall consider the attitudes of the qualified electors within the defined boundaries, 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 creation of the district to the total number of votes cast, the approximate wealth and income of the qualified electors of the proposed district, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination, having due regard to the legislative determinations set forth in 76-15-101 and 76-15-102.   (2) The department may not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless a majority of the votes cast in the referendum upon the proposition of creation of the district has been cast in favor of the creation of the district.   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(part); amd. Sec. 277, Ch. 418, L. 1995.
MT Code § 76-15-211 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-211. Appointment of supervisors

  76-15-211. Appointment of supervisors. If the department determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two supervisors to act with the three supervisors first elected, as provided in this part, as the initial governing body of the district.   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(part); amd. Sec. 278, Ch. 418, L. 1995.
MT Code § 76-15-212 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-212. Submission of application by appointed supervisors

  76-15-212. Submission of application by appointed supervisors. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings:   (1) The two appointed supervisors shall present to the secretary of state an application signed by them, which must set forth:   (a) that a petition for the creation of the district was filed with the department pursuant to this chapter, that the proceedings specified in this chapter were taken pursuant to the petition, that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter, and that the department has appointed them as supervisors;   (b) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;   (c) the term of office of each of the supervisors;   (d) the name which is proposed for the district; and   (e) the location of the principal offices of the supervisors of the district.   (2) The application must be subscribed and sworn to by each of the supervisors.   (3) (a) The application must be accompanied by a statement by the department which shall certify that:   (i) a petition was filed, notice issued, and hearing held as provided in this part;   (ii) the department determined that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the proposed territory and defined the boundaries of the district;   (iii) notice was given and a referendum held on the question of the creation of the district; and   (iv) the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district and that the department determined that the operation of the proposed district is administratively practicable and feasible.   (b) The statement must also set forth the boundaries of the district as they have been defined by the department.   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(part); amd. Sec. 279, Ch. 418, L. 1995.
MT Code § 76-15-213 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-213. Processing of application by secretary of state

  76-15-213. Processing of application by secretary of state. (1) The secretary of state shall examine the application and statement, and if the secretary of state finds that the name proposed for the district is not identical with that of any other conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the secretary of state shall receive and file the application and statement and shall record them in an appropriate book of record in the secretary of state's office.   (2) If the secretary of state finds that the name proposed for the district is identical with that of any other conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall certify that fact to the department. The department shall submit to the secretary of state a new name for the district which is not subject to the defects. Upon receipt of the new name free of defects, the secretary of state shall record the application and statement with the modified name in an appropriate book of record in the secretary of state's office.   (3) The secretary of state shall make and issue to the supervisors, without cost, a certificate under the seal of the state of the due organization of the district and shall record the certificate with the application and statement.   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(part); amd. Sec. 280, Ch. 418, L. 1995.
MT Code § 76-15-214 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-214. Evidentiary status of certificate issued by secretary of state

  76-15-214. Evidentiary status of certificate issued by secretary of state. In a suit, action, or proceeding involving the validity or enforcement of or relating to a contract, proceeding, or action of the district, the district shall be considered to have been established in accordance with this chapter upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate, duly certified by the secretary of state, is admissible in evidence in the suit, action, or proceeding and is proof of the filing and contents thereof.   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(11).
MT Code § 76-15-215 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-215. District as governmental subdivision and public body

  76-15-215. District as governmental subdivision and public body. When the application and statement have been made, filed, and recorded as herein provided, the district is a governmental subdivision of this state and a public body, corporate and politic, exercising public powers.   History: Ap. p. 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; Sec. 76-105, R.C.M. 1947; Ap. p. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; Sec. 76-108, R.C.M. 1947; R.C.M. 1947, 76-105(part), 76-108(part).
MT Code § 76-15-216 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 2. Creation of Conservation Districts|76-15-216. Limitation on territory included in district

  76-15-216. Limitation on territory included in district. The boundaries of the district must include the territory as determined by the department, but may not include any area included within the boundaries of another conservation district.   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(part); amd. Sec. 281, Ch. 418, L. 1995.
MT Code § 76-15-301 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-301. Establishment of supervisor areas and reorganization of district governing bodies

  76-15-301. Establishment of supervisor areas and reorganization of district governing bodies. (1) (a) A conservation district is authorized to divide the unincorporated area of the district into no more than five supervisor areas.   (b) Each supervisor area must be represented by one supervisor. If less than five supervisor areas are established, a sufficient number of supervisors must be elected at large to complete the governing body of the district as provided in 76-15-311(1).   (2) (a) In a district containing no incorporated municipalities that are completely within the boundaries of the district, the department shall, upon passage of a resolution by the district to transition to seven supervisors, reorganize the district as provided in 76-15-305 and this subsection (2).   (b) A district that is reorganized pursuant to this section may be divided into no more than seven supervisor areas.   (3) If provided by ordinance of the district, a supervisor must reside in the area the supervisor represents.   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(12); (2)En. Sec. 1, Ch. 173, L. 1983; amd. Sec. 1, Ch. 473, L. 1983; amd. Sec. 2, Ch. 76, L. 1985; amd. Sec. 282, Ch. 418, L. 1995; amd. Sec. 1, Ch. 162, L. 2011.
MT Code § 76-15-302 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-302. Repealed

  76-15-302. Repealed. Sec. 262, Ch. 49, L. 2015.   History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(part); amd. Sec. 3, Ch. 76, L. 1985; amd. Sec. 67, Ch. 44, L. 2007.
MT Code § 76-15-303 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-303. Election of supervisors -- election by acclamation -- appointment

  76-15-303. Election of supervisors -- election by acclamation -- appointment. (1) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.   (2) All qualified electors within the district are eligible to vote in the election.   (3) The candidate or, if more than one supervisor position is to be filled by the election, the candidates who receive the largest number, respectively, of the votes cast in the election are the elected supervisors for the district.   (4) The names of the candidates must be arranged on ballots as prescribed in 13-12-205.   History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(part); amd. Sec. 369, Ch. 571, L. 1979; amd. Sec. 4, Ch. 76, L. 1985; amd. Sec. 2, Ch. 576, L. 1985; amd. Sec. 1, Ch. 184, L. 1995; amd. Sec. 10, Ch. 254, L. 1999; amd. Sec. 90, Ch. 414, L. 2003; amd. Sec. 239, Ch. 49, L. 2015.
MT Code § 76-15-304 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-304. Election of supervisors

  76-15-304. Election of supervisors. (1) Two supervisors shall be elected at the second general election following the organization or reorganization of the district and shall replace the two supervisors appointed by the department. Thereafter, a district shall alternately elect three and two supervisors at succeeding general elections.   (2) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.   History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(2); amd. Sec. 240, Ch. 49, L. 2015.
MT Code § 76-15-305 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-305. Transition to seven supervisors

  76-15-305. Transition to seven supervisors. (1) At the time of reorganization under 76-15-301(2), the department shall appoint:   (a) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the next general election; and   (b) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the general election following the next general election.   (2) The supervisor positions held by the appointed supervisors become open for election at the time the terms expire. A district having seven supervisors shall alternately elect four and three supervisors at succeeding general elections.   History: En. Sec. 2, Ch. 173, L. 1983; amd. Sec. 283, Ch. 418, L. 1995; amd. Sec. 241, Ch. 49, L. 2015.
MT Code § 76-15-306 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 3. Administration of Conservation Districts|76-15-306. through 76-15-310 reserved

  76-15-306 through 76-15-310 reserved.