reglab/housing_qa huggingface dataset:
MT Code § 85-8-314 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-314. Court control and compensation of commissioners

  85-8-314. Court control and compensation of commissioners. (1) The commissioners must receive for their services compensation that the court or presiding judge may determine. They must also receive their actual reasonable expenses. They are at all times under the control or direction of the court or presiding judge and shall obey the court's or judge's directions, and for failure to do so, they shall forfeit their compensation and be dealt with summarily as for contempt. Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered must be applied to the construction of the work or to the party injured as justice may require.   (2) The court may at any time require the commissioners to make a report on any matter or matters connected with their duties as commissioners and after hearing may remove from office any or all of the commissioners for neglect of duty, for malfeasance in office, or for other good cause. The court may at any time require the commissioners to give new bonds to the clerk of court and may fix the amount of the bonds. The bonds must be submitted to the court or the presiding judge for approval.   History: (1)En. Secs. 24, 25, 26, Ch. 129, L. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1935; Secs. 89-2311, 89-2312, 89-2313, R.C.M. 1947; (2)En. Sec. 92, Ch. 129, L. 1921; re-en. Sec. 7356, R.C.M. 1921; re-en. Sec. 7356, R.C.M. 1935; Sec. 89-2812, R.C.M. 1947; R.C.M. 1947, 89-2311, 89-2312, 89-2313, 89-2812; amd. Sec. 2809, Ch. 56, L. 2009.
MT Code § 85-8-315 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-315. Presumption of regularity of commissioners' acts

  85-8-315. Presumption of regularity of commissioners' acts. Commissioners of drainage districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Whenever any report of the commissioners of any drainage district or any part of any such report is contested, remonstrated against, or called in question, the burden of proof shall rest upon the contestant, remonstrant, or questioner.   History: En. Sec. 95, Ch. 129, L. 1921; re-en. Sec. 7359, R.C.M. 1921; re-en. Sec. 7359, R.C.M. 1935; R.C.M. 1947, 89-2815.
MT Code § 85-8-316 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-316. through 85-8-320 reserved

  85-8-316 through 85-8-320 reserved.
MT Code § 85-8-321 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-321. Organization, appointments, and preliminary report

  85-8-321. Organization, appointments, and preliminary report. (1) Within 10 days after the commissioners are appointed and qualified, they shall meet and organize by electing one member as president and by electing a secretary, who may or may not be a member of the board.   (2) The commissioners shall appoint one or more attorneys to assist in the establishment of the district, advise with its officers, agents, and employees, and prepare reports and other necessary documents. The court shall allow the attorney or attorneys just compensation to be taxed in the case.   (3) The commissioners shall appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys, and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, the engineer's assistants, and the consulting engineer must be taxed as expenses under the petition. The commissioners shall personally examine the lands in the district and make a preliminary report to the court that states:   (a) whether the proposed work is necessary or would be of use in carrying out the purposes of the petition;   (b) whether the proposed work would promote the public health;   (c) whether the proposed work would promote the public welfare;   (d) whether the total benefits from the proposed work will exceed the cost of the work, together with the damages resulting from the work, and in arriving at this, they shall include all benefits and all damages resulting from the work both within and outside of the district.   (4) The commissioners shall in the report fix, as near as may be, and report to the court the boundaries of the proposed drainage district. The boundaries may not be changed from those in the petition described so as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within the changed boundaries.   History: En. Sec. 27, Ch. 129, L. 1921; re-en. Sec. 7291, R.C.M. 1921; re-en. Sec. 7291, R.C.M. 1935; R.C.M. 1947, 89-2314; amd. Sec. 2810, Ch. 56, L. 2009.
MT Code § 85-8-322 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-322. Adoption of feasible plan

  85-8-322. Adoption of feasible plan. If said proposed work, as described in the petition, is not best suited to carry out the purposes of the petition, the commissioners shall consider and base their report upon the one best suited to carry out those purposes and propose to the court the one considered by them.   History: En. Sec. 28, Ch. 129, L. 1921; re-en. Sec. 7292, R.C.M. 1921; re-en. Sec. 7292, R.C.M. 1935; R.C.M. 1947, 89-2315.
MT Code § 85-8-323 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-323. Hearing and notice on preliminary report

  85-8-323. Hearing and notice on preliminary report. Upon the filing of the preliminary report the court or the presiding judge thereof shall by order fix a time and place when and where the same shall be heard at some general or special term of said court, not less than 30 days from the filing of said report. Notice of the time and place of hearing upon said preliminary report shall be given to all interested persons by publishing a brief notice of the filing of said report, including a brief statement of the substance of said report, in one or more newspapers published in each county in which any land in said proposed drainage district shall be situated (or, if no newspaper is published in said county, in one or more newspapers in an adjoining county) once in each week for 3 successive weeks prior to the day appointed for hearing thereon. Said notice shall:   (1) describe all lands included by said report in said district which were not included therein by the petition and state that such lands are to be included in said district; and   (2) describe all lands excluded from said district which were by the petition included therein and shall state that such lands are to be excluded from said district.   History: En. Sec. 29, Ch. 129, L. 1921; re-en. Sec. 7293, R.C.M. 1921; re-en. Sec. 7293, R.C.M. 1935; R.C.M. 1947, 89-2316.
MT Code § 85-8-324 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-324. Adjournment of hearing or trial of issues

  85-8-324. Adjournment of hearing or trial of issues. Upon the day fixed for hearing upon said report, said court may adjourn said hearing for good cause or may proceed to hear, try, and determine all issues arising upon said report.   History: En. Sec. 30, Ch. 129, L. 1921; re-en. Sec. 7294, R.C.M. 1921; re-en. Sec. 7294, R.C.M. 1935; R.C.M. 1947, 89-2317.
MT Code § 85-8-325 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-325. Remonstrance by interested parties

  85-8-325. Remonstrance by interested parties. Any interested party may appear and remonstrate against said report or any material part thereof. All remonstrances shall be in writing, be verified on oath, be filed at least 5 days before the day fixed for hearing, and shall set forth the facts upon which they are based.   History: En. Sec. 31, Ch. 129, L. 1921; re-en. Sec. 7295, R.C.M. 1921; re-en. Sec. 7295, R.C.M. 1935; R.C.M. 1947, 89-2318.
MT Code § 85-8-326 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-326. Service of owners of added lands

  85-8-326. Service of owners of added lands. When lands are added to the district, the owners thereof shall be served with said notice as provided for serving of notice of hearing on the petition.   History: En. Sec. 32, Ch. 129, L. 1921; re-en. Sec. 7296, R.C.M. 1921; re-en. Sec. 7296, R.C.M. 1935; R.C.M. 1947, 89-2319.
MT Code § 85-8-327 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-327. Procedure at court hearing and order

  85-8-327. Procedure at court hearing and order. (1) All issues arising upon said preliminary report shall be tried by the court without a jury.   (2) If the court shall find in favor of the remonstrance or if said report be that the proposed work will not promote the public health and will not promote the public welfare or that the benefits from said proposed work will not exceed the damages and cost of construction and no remonstrance against said report is filed, the petition shall be dismissed, the costs taxed against the petitioners, and judgment entered therefor, as provided in 85-8-350.   (3) If the preliminary report be that the benefits of said proposed work (or work proposed by the commissioners) will exceed the damages and the cost of construction and that the public health will be promoted thereby or that the public welfare will be promoted thereby and no remonstrance thereto is filed or if on the trial of the issues made on said report the court finds that the benefits will exceed the damages and cost of construction and that the public health or the public welfare will be promoted by said proposed work, the court shall make and file such findings in writing and make an order confirming said report or directing amendment of the report to conform to the findings of said court, and when so amended the court shall by order confirm the same and direct said commissioners to proceed with said work with all convenient speed.   (4) Such findings and order shall be final and conclusive unless appealed from to the supreme court within 30 days after filing thereof.   History: En. Secs. 33, 34, 35, Ch. 129, L. 1921; re-en. Secs. 7297, 7298, 7299, R.C.M. 1921; re-en. Secs. 7297, 7298, 7299, R.C.M. 1935; R.C.M. 1947, 89-2320, 89-2321, 89-2322.
MT Code § 85-8-328 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-328. Corporate nature of drainage district

  85-8-328. Corporate nature of drainage district. (1) Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be and is thereby declared to be organized as a drainage district, by the name mentioned in said petition or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate, by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal, and to have perpetual succession.   (2) The commissioners appointed as aforesaid and their successors in office shall, from the entry of such order of confirmation, constitute the corporate authority of said drainage district, exercise the functions conferred on them by law, and do all things and perform all acts necessary to the construction and preservation of the proposed work.   History: En. Secs. 36, 37, Ch. 129, L. 1921; re-en. Secs. 7300, 7301, R.C.M. 1921; re-en. Secs. 7300, 7301, R.C.M. 1935; R.C.M. 1947, 89-2323, 89-2324.
MT Code § 85-8-329 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-329. Necessity of preliminary proceedings

  85-8-329. Necessity of preliminary proceedings. All proceedings herein required, prior to the entry of such order of confirmation of record, shall be deemed to be and are hereby declared to be necessary to the formation of said body corporate.   History: En. Sec. 38, Ch. 129, L. 1921; re-en. Sec. 7302, R.C.M. 1921; re-en. Sec. 7302, R.C.M. 1935; R.C.M. 1947, 89-2325.
MT Code § 85-8-330 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-330. through 85-8-340 reserved

  85-8-330 through 85-8-340 reserved.
MT Code § 85-8-343 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-343. Commissioners to use most feasible plan

  85-8-343. Commissioners to use most feasible plan. The commissioners shall not be confined to the points of commencement, routes, or termini of the drains or ditches or the number, extent, or size of the same or the location, plan, or extent of any levee, ditch, or other work as proposed by the petitioners but shall locate, design, lay out, and plan the same in such manner as to them shall seem best to promote the public health or welfare and to drain or to protect the lands, including improvements, of the parties interested with the least damage and the greatest benefit to all lands affected thereby. Any plan proposed by the commissioners may, on the application of any interested person, on the hearing provided for hereinafter, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.   History: En. Sec. 50, Ch. 129, L. 1921; re-en. Sec. 7314, R.C.M. 1921; re-en. Sec. 7314, R.C.M. 1935; amd. Sec. 5, Ch. 409, L. 1973; R.C.M. 1947, 89-2337.
MT Code § 85-8-344 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-344. Alteration of boundaries

  85-8-344. Alteration of boundaries. If the commissioners find that the proposed district, as described in the filed petition, will not embrace all of the lands, including improvements, that will be benefited by the proposed work or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands or improvements, as the case may be, and the boundaries adopted and reported by them, upon the hearing of their report, as hereinafter provided, upon their application or that of any person interested, may be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court.   History: En. Sec. 51, Ch. 129, L. 1921; re-en. Sec. 7315, R.C.M. 1921; re-en. Sec. 7315, R.C.M. 1935; amd. Sec. 6, Ch. 409, L. 1973; R.C.M. 1947, 89-2338.
MT Code § 85-8-345 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-345. Notice of hearing of report

  85-8-345. Notice of hearing of report. (1) Upon the filing of the report under 85-8-341, the court shall make an order fixing the time and place when and where all interested persons may appear and protest against the confirmation of the petition. The clerk of court shall give notice to all interested parties by publication of the order for at least 3 successive weeks before the date of the hearing in at least one newspaper in each county in which lands located in the district are situated. The notice must contain a statement of the time and place of the hearing of the report and a brief statement of the substance of the report.   (2) Upon a date not later than the date of the first publication of the notice referred to in subsection (1), the clerk of court shall also cause to be mailed to each of the persons or corporations recommended by the report to be assessed or whose lands are recommended by the report to be included in the district, at the person's or corporation's last-known post-office address, a notice containing a brief description of the land or easement belonging to the person or corporation benefited or damaged, the net damage awarded to the tract, parcel, easement, or corporation, and the sum assessed against the benefited parcel, tract, easement, or corporation.   History: En. Secs. 52, 53, Ch. 129, L. 1921; re-en. Secs. 7316, 7317, R.C.M. 1921; re-en. Secs. 7316, 7317, R.C.M. 1935; R.C.M. 1947, 89-2339, 89-2340; amd. Sec. 2811, Ch. 56, L. 2009.
MT Code § 85-8-346 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-346. Modification of report

  85-8-346. Modification of report. If the court finds that the report requires modification, the same may, by order of the court, be referred back to the commissioners, who may be required to modify it in any respect.   History: En. Sec. 54, Ch. 129, L. 1921; re-en. Sec. 7318, R.C.M. 1921; re-en. Sec. 7318, R.C.M. 1935; R.C.M. 1947, 89-2341.
MT Code § 85-8-347 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-347. Confirmation of report -- appeals

  85-8-347. Confirmation of report -- appeals. If there be no remonstrance or if the finding be in favor of the validity of the proceedings or after the report shall have been modified to conform to the findings, the court shall confirm the report. The order of confirmation shall be final and conclusive, the proposed work shall be established and authorized, and the proposed assessments approved and confirmed unless within 30 days an appeal be taken to the supreme court. The said order of confirmation shall also fix the commissioners' bond.   History: En. Sec. 55, Ch. 129, L. 1921; re-en. Sec. 7319, R.C.M. 1921; re-en. Sec. 7319, R.C.M. 1935; R.C.M. 1947, 89-2342.
MT Code § 85-8-348 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-348. Modification of court order

  85-8-348. Modification of court order. Said order of confirmation may, at the same or at any subsequent term of said court, be revised, modified, or changed, in whole or in part, on petition of the commissioners, after such notice to parties adversely interested as the court may require.   History: En. Sec. 56, Ch. 129, L. 1921; re-en. Sec. 7320, R.C.M. 1921; re-en. Sec. 7320, R.C.M. 1935; R.C.M. 1947, 89-2343.
MT Code § 85-8-349 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-349. Supplemental report

  85-8-349. Supplemental report. At any time prior to making the order confirming said report or thereafter, the court may permit the commissioners to present and file a supplemental report or amend their report as to any matter which, pursuant to the provisions hereof, was or might have been included in the original report presented by them, and after reasonable notice given to all parties interested, in such manner as the court shall direct, the court may, upon the hearing in said matter, make such order as the case may require.   History: En. Sec. 57, Ch. 129, L. 1921; re-en. Sec. 7321, R.C.M. 1921; re-en. Sec. 7321, R.C.M. 1935; R.C.M. 1947, 89-2344.
MT Code § 85-8-350 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-350. Judgment on dismissal of proceedings -- assessment of costs

  85-8-350. Judgment on dismissal of proceedings -- assessment of costs. (1) In case the petition or proceedings are dismissed as provided in 85-8-327, a judgment shall be entered for the costs, expenses, and liabilities incurred in said proceedings against the petitioners and in favor of the commissioners, but for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings or have recovered costs on successful contests therein.   (2) In case the proceedings are dismissed at any time or the district is discontinued for any cause subsequent to the time provided in 85-8-327, a judgment shall be entered directing the commissioners of the district to assess the costs, expenses, and liabilities incurred in said proceedings, up to and including the time of such dismissal and discontinuation, on an acreage basis against the lands in said district, which assessment shall be a lien upon said lands from the date of said judgment superior to the lien of any other judgment, mortgage, or construction lien against said lands. Said assessment shall be verified by the commissioners of the district the same as assessments to pay costs of construction. Such assessments shall be spread upon the tax rolls of the counties in which said district is situated and shall be collected by the county treasurers of such counties the same as assessments to pay costs of construction are collected. Such assessments shall be payable on or before November 30 following the date upon which they are so spread upon the assessment roll of such counties. The money so collected shall be paid out upon warrants issued by the commissioners of the district to those who have rendered service or advanced money in connection with said district or have recovered costs on successful contests therein. Should such assessment, for any cause, be not sufficient for all such costs, expenses, and liabilities, then additional assessments shall be made and collected in like manner until sufficient funds have been raised to pay all such costs, expenses, and liabilities.   History: En. Sec. 58, Ch. 129, L. 1921; re-en. Sec. 7322, R.C.M. 1921; amd. Sec. 3, Ch. 169, L. 1929; re-en. Sec. 7322, R.C.M. 1935; R.C.M. 1947, 89-2345; amd. Sec. 149, Ch. 370, L. 1987.
MT Code § 85-8-351 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-351. Statement of costs before entry of judgment

  85-8-351. Statement of costs before entry of judgment. Before any such judgment is entered, said commissioners shall file with the clerk of the district court in which said proceedings were instituted an itemized statement of such costs and expenses, duly verified, upon which an order shall issue requiring said petitioners or landowners to show cause before said court, at a time and place named, why judgment should not be entered against said petitioners or landowners for the amount of said costs and expenses. Notice of the hearing of said order to show cause shall be given to said petitioners or landowners by mailing to each a copy thereof, to their last-known post-office address, at least 20 days prior to the time set for hearing and by publication of the same in one or more newspapers published in the county where the proceedings are pending at least 3 successive weeks prior to the day set for such hearing. Said notice need not contain an itemized statement of said account.   History: En. Sec. 59, Ch. 129, L. 1921; re-en. Sec. 7323, R.C.M. 1921; amd. Sec. 4, Ch. 169, L. 1929; re-en. Sec. 7323, R.C.M. 1935; R.C.M. 1947, 89-2346.
MT Code § 85-8-352 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-352. Contribution among petitioners

  85-8-352. Contribution among petitioners. All petitioners shall, among themselves, contribute to the payment of said judgment in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of filing of said petition.   History: En. Sec. 60, Ch. 129, L. 1921; re-en. Sec. 7324, R.C.M. 1921; re-en. Sec. 7324, R.C.M. 1935; R.C.M. 1947, 89-2347.