reglab/housing_qa huggingface dataset:
MT Code § 85-8-112 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-112. Affidavit in case of nonresident petitioners

  85-8-112. Affidavit in case of nonresident petitioners. If any of the owners of land in said district are nonresidents of the county or counties in which the proposed district lies, the petition shall be accompanied by an affidavit giving the names and post-office addresses of such nonresidents, if such are known, and if unknown, shall state that upon diligent inquiry their names or post-office addresses (whichever may be the fact) cannot be ascertained. The clerk of the court shall mail a copy of the notice aforesaid to each of said nonresident owners whose post-office address is known, within 6 days after the first publication of the same.   History: En. Sec. 5, Ch. 129, L. 1921; re-en. Sec. 7269, R.C.M. 1921; re-en. Sec. 7269, R.C.M. 1935; R.C.M. 1947, 89-2206.
MT Code § 85-8-113 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-113. Proof of service and publication

  85-8-113. Proof of service and publication. The certificate of the clerk of the court or other public officer or the affidavit of any other person who knows the facts, affixed to a copy of said notice, shall be sufficient evidence of the posting, serving, mailing, or publication thereof.   History: En. Sec. 6, Ch. 129, L. 1921; re-en. Sec. 7270, R.C.M. 1921; re-en. Sec. 7270, R.C.M. 1935; R.C.M. 1947, 89-2207.
MT Code § 85-8-114 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-114. Personal service of notice to confer jurisdiction

  85-8-114. Personal service of notice to confer jurisdiction. Personal service of such notice on (or service by leaving at the last usual place of abode of) all owners of lands or easements or interest in lands within said district shall give the court complete jurisdiction, without posting, publication, or mailing of said notice.   History: En. Sec. 7, Ch. 129, L. 1921; re-en. Sec. 7271, R.C.M. 1921; re-en. Sec. 7271, R.C.M. 1935; R.C.M. 1947, 89-2208.
MT Code § 85-8-115 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-115. Insufficient service

  85-8-115. Insufficient service. (1) If it is found, before the hearing on a petition for the organization of a drainage district, that one or more owners of land in the proposed district have not been served with notice of hearing on the petition, the court or presiding judge does not lose jurisdiction. The court or presiding judge in that case shall adjourn the hearing, make an order directing the serving of the notice upon the landowner or landowners, and fix the time and manner of service of the notice, which must notify the landowner or landowners to appear at the adjourned time and place and be heard on the petition.   (2) The notice must be served personally or by leaving the notice at the last usual place of residence of the unserved owners as provided in 85-8-111, not less than 8 days before the adjourned hearing, or must be published, not less than 14 days before the adjourned hearing, in some newspaper published in the county in which the owners' lands lie or, if a newspaper is not published in that county, then in some newspaper published in an adjoining county.   History: En. Secs. 8, 9, Ch. 129, L. 1921; re-en. Secs. 7272, 7273, R.C.M. 1921; re-en. Secs. 7272, 7273, R.C.M. 1935; R.C.M. 1947, 89-2209, 89-2210; amd. Sec. 2803, Ch. 56, L. 2009.
MT Code § 85-8-116 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-116. Procedure on adjourned day

  85-8-116. Procedure on adjourned day. Upon the adjourned day the same proceedings, adjournments, trial findings, and orders may be had as in case of complete service of notice in the first instance. In case of failure to mail said notice as herein required, the court or judge may order the same mailed later and shall adjourn said hearing so that said notice shall be mailed at least 14 days before said adjourned hearing. In case of failure to publish or post notice as required in this part, the court or judge may adjourn said hearing for sufficient time to permit the due posting and publication of said notice and order said notice posted or published as directed in 85-8-111. In case of adjournment to permit notice to be given, the notice shall state the fact of such adjournment and the time and place of hearing pursuant to said adjournment.   History: En. Sec. 10, Ch. 129, L. 1921; re-en. Sec. 7274, R.C.M. 1921; re-en. Sec. 7274, R.C.M. 1935; R.C.M. 1947, 89-2211.
MT Code § 85-8-117 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-117. Contest by landowners

  85-8-117. Contest by landowners. (1) On the day fixed for hearing on such petition, all parties owning lands or any interest or easement in land within said proposed district or who would be affected thereby may appear and contest:   (a) the sufficiency of the petition;   (b) the sufficiency of the signers of the petition;   (c) the sufficiency of the notice;   (d) the constitutionality of the law; and   (e) the jurisdiction of the court, specifying their objections to such jurisdiction.   (2) The petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.   History: En. Sec. 11, Ch. 129, L. 1921; re-en. Sec. 7275, R.C.M. 1921; re-en. Sec. 7275, R.C.M. 1935; R.C.M. 1947, 89-2212.
MT Code § 85-8-118 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-118. Determination of sufficiency of petition

  85-8-118. Determination of sufficiency of petition. The court shall hear and determine whether or not the petition contains the signatures of a majority of the owners of lands within the proposed district who are of lawful age and who represent one-third in area of the lands proposed to be affected by said work or the signatures of the owners of more than one-half of such lands and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing on the petition from time to time for want of sufficient notice, to give time to prepare for trial, or for other good cause.   History: En. Sec. 12, Ch. 129, L. 1921; re-en. Sec. 7276, R.C.M. 1921; re-en. Sec. 7276, R.C.M. 1935; R.C.M. 1947, 89-2213; amd. Sec. 9, Ch. 326, L. 1979.
MT Code § 85-8-119 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-119. Receiving affidavits on question of petition sufficiency

  85-8-119. Receiving affidavits on question of petition sufficiency. The affidavits of any 10 or more of the signers of the petition, stating that they have examined the petition and are acquainted with the locality of the district and that the petition is signed by a sufficient number of owners of lands in the district to satisfy 85-8-101, may be taken by the court or judge as prima facie evidence of the facts stated in the petition. The affidavit of any petitioner or other landowner before the court or represented before the court asserting the petitioner's or landowner's ownership of lands in the district, properly described, is sufficient evidence to the court of those facts.   History: En. Sec. 13, Ch. 129, L. 1921; re-en. Sec. 7277, R.C.M. 1921; re-en. Sec. 7277, R.C.M. 1935; R.C.M. 1947, 89-2214; amd. Sec. 10, Ch. 326, L. 1979; amd. Sec. 2804, Ch. 56, L. 2009.
MT Code § 85-8-120 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-120. Fraudulent deeds

  85-8-120. Fraudulent deeds. All deeds made for the purpose of establishing or defeating the prayer of said petition and not made in good faith and for a valuable consideration shall be taken and held to be a fraud, and the holders thereof shall not be considered as the owners of the lands described therein.   History: En. Sec. 14, Ch. 129, L. 1921; re-en. Sec. 7278, R.C.M. 1921; re-en. Sec. 7278, R.C.M. 1935; R.C.M. 1947, 89-2215.
MT Code § 85-8-121 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 1. Creation of Districts|85-8-121. Court determination

  85-8-121. Court determination. (1) If the court or presiding judge, after hearing any and all competent evidence that may be offered for and against the petition for the creation of the district, finds that the petition has not been signed as required in this part, the petition must be dismissed at the cost of the petitioners and judgment must be entered against the petitioners for the amount of the costs.   (2) If it appears that the petition has been signed as required in this part, the court or judge shall so find and order any necessary amendments to the petition, shall divide the district into three divisions, as nearly equal in area as possible, and shall appoint three suitable and competent persons as commissioners and fix their temporary bonds. One commissioner must be appointed from each division, and each person appointed must be an actual landowner and resident of the county or counties in the division for which the person is appointed. If the district is situated in two or more counties, not more than two of the commissioners may reside in one of the counties. Ownership of land within the district may not disqualify a person from acting as a commissioner.   History: (1)En. Sec. 15, Ch. 129, L. 1921; re-en. Sec. 7279, R.C.M. 1921; re-en. Sec. 7279, R.C.M. 1935; Sec. 89-2216, R.C.M. 1947; (2)En. Sec. 16, Ch. 129, L. 1921; re-en. Sec. 7280, R.C.M. 1921; amd. Sec. 1, Ch. 50, L. 1925; re-en. Sec. 7280, R.C.M. 1935; Sec. 89-2217, R.C.M. 1947; R.C.M. 1947, 89-2216, 89-2217(part); amd. Sec. 2805, Ch. 56, L. 2009.
MT Code § 85-8-201 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 2. Dissolution of Districts|85-8-201. Dissolution of districts

  85-8-201. Dissolution of districts. Whenever the owners of more than one-half of the lands within any drainage district organized under the provisions of this chapter shall present to the district court having jurisdiction of the drainage district a petition signed by them, praying that such drainage district be dissolved, the judge of the court shall cause notice of such petition, together with a copy of the petition, to be served upon the commissioners of the district, directing them to show cause on a day certain, not less than 15 or more than 30 days from the date of the filing of the petition, why the petition should not be granted. The judge, at the time of receiving the petition, shall make an order forbidding the commissioners from incurring any further expense or proceeding with the work of constructing a drain. On the day of hearing the court shall hear the same, and if it appears that the owners of more than one-half of the lands in the drainage district have signed the petition, it shall be granted. Thereupon, the court shall make an order directing the commissioners to file a written report, under oath, setting forth the amount of the debts and obligations of the drainage district. Within 30 days after such report is filed, the court shall cause an assessment to be levied against all lands in the district on the basis of the final report of the commissioners, as confirmed by the court, and if no final report has been made, then on an area basis. The court shall also enter judgment dissolving the district and authorize the commissioners to settle the business of the district on the basis of the final report of the commissioners or on the area basis as confirmed by this court, the commissioners to render their services for same without pay.   History: En. Sec. 7265-A by Sec. 1, Ch. 46, L. 1925; re-en. Sec. 7265.1, R.C.M. 1935; R.C.M. 1947, 89-2202; amd. Sec. 11, Ch. 326, L. 1979.
MT Code § 85-8-301 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-301. Term of commissioners at creation of district

  85-8-301. Term of commissioners at creation of district. On the creation of a district the commissioners appointed by the judge or court shall hold office until the first Tuesday in May following their appointment and until their successors are elected. When a district is in existence on March 1, 1921, and thereafter an order is made dividing such district into divisions, the terms of office of such commissioners shall cease with the Monday immediately preceding the first Tuesday in May next following.   History: En. Sec. 18, Ch. 129, L. 1921; re-en. Sec. 7282, R.C.M. 1921; amd. Sec. 2, Ch. 50, L. 1925; re-en. Sec. 7282, R.C.M. 1935; R.C.M. 1947, 89-2301.
MT Code § 85-8-302 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-302. Election of commissioners -- regular term of office

  85-8-302. Election of commissioners -- regular term of office. (1) Except as provided in 13-1-502(4), the election of commissioners must be held annually and conducted in accordance with Title 13, chapter 1, part 5. The term of office of commissioners shall commence on the day of their election.   (2) (a) At the first primary or general election following the organization of a district and in districts organized and in existence on March 1, 1921, and that, on petition, have been divided into divisions, three commissioners must be elected, with one commissioner being elected from each division.   (b) A commissioner must be an actual landowner in the division in which the commissioner is elected.   (c) One of the commissioners, to be determined by lot, shall hold office for 1 year; another of the commissioners, to be determined by lot, shall hold office for 2 years; and the third commissioner shall hold office for 3 years.   (3) After the election of the initial commissioners, one commissioner must be elected each year. Commissioners elected after the initial election shall hold office for a term of 3 years. The person elected as a commissioner in each year to succeed the commissioner whose term is then expiring must be elected as a commissioner from the same division as the commissioner whose term expires.   (4) Each commissioner must be a resident of a county where a portion of the district lands is situated.   History: En. Sec. 19, Ch. 129, L. 1921; re-en. Sec. 7283, R.C.M. 1921; amd. Sec. 3, Ch. 50, L. 1925; re-en. Sec. 7283, R.C.M. 1935; amd. Sec. 41, Ch. 460, L. 1977; R.C.M. 1947, 89-2302; amd. Sec. 400, Ch. 571, L. 1979; amd. Sec. 11, Ch. 27, L. 1981; amd. Sec. 1, Ch. 349, L. 2003; amd. Sec. 251, Ch. 49, L. 2015.
MT Code § 85-8-303 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-303. Repealed

  85-8-303. Repealed. Sec. 15, Ch. 27, L. 1981.   History: En. Sec. 7283A by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.1, R.C.M. 1935; R.C.M. 1947, 89-2303; amd. Sec. 401, Ch. 571, L. 1979.
MT Code § 85-8-304 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-304. Results of election

  85-8-304. Results of election. The secretary of the board of commissioners shall enter the result of the election in the minutes of the board and file with the clerk of the district court creating the district a statement showing the names of the persons elected as commissioners, the names of the commissioners whose term will expire on the first Tuesday in May following, and the names of all of the persons who will compose the board of commissioners for the year next following the first Tuesday in May.   History: En. Sec. 7283B by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.2, R.C.M. 1935; R.C.M. 1947, 89-2304; amd. Sec. 1, Ch. 171, L. 1979; amd. Sec. 402, Ch. 571, L. 1979; amd. Sec. 12, Ch. 27, L. 1981.
MT Code § 85-8-305 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-305. Qualifications of electors

  85-8-305. Qualifications of electors. (1) At all such elections, except as herein otherwise expressly provided, the following persons holding title or evidence of title to lands within the district shall be entitled to vote:   (a) all of the persons having the qualifications of electors under the constitution and general laws of the state;   (b) guardians, administrators, executors, and trustees residing in the state;   (c) domestic corporations by their duly authorized agents.   (2) In all elections each elector shall be permitted to cast one vote for each 40 acres of land or major fraction thereof in the district owned by such elector, but any elector owning 20 acres or less shall be entitled to one vote.   History: En. Sec. 7283C by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.3, R.C.M. 1935; R.C.M. 1947, 89-2305.
MT Code § 85-8-306 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-306. Commissioner candidate filing

  85-8-306. Commissioner candidate filing. A person eligible to vote in the district may file a declaration of candidacy for the office of commissioner within the time period specified in 13-1-502. If a write-in candidate has filed pursuant to 13-1-502, the elector may write on the ballots the name or names of the persons for whom they desire to vote.   History: En. Sec. 7283D by Sec. 4, Ch. 50, L. 1925; re-en. Sec. 7283.4, R.C.M. 1935; R.C.M. 1947, 89-2306; amd. Sec. 403, Ch. 571, L. 1979; amd. Sec. 13, Ch. 27, L. 1981; amd. Sec. 41, Ch. 250, L. 1985; amd. Sec. 252, Ch. 49, L. 2015.
MT Code § 85-8-307 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-307. Vacancies

  85-8-307. Vacancies. If a vacancy occurs on the board of commissioners, the remaining members of the board shall elect some qualified elector to fill the vacancy, and the person elected holds office for the unexpired term and until a successor is elected and qualified. The person appointed must be appointed as a commissioner for the division in which the vacancy exists. If there is a vacancy or vacancies on the board of commissioners by reason of no appointment being made, due to the failure of the remaining members of the board to act or on account of no election being held, the judge of the court having jurisdiction over the drainage district shall, upon the receipt of a petition signed by 10% of the resident owners of land in the district, appoint to the vacancy or vacancies the person that the petition may designate.   History: En. Sec. 20, Ch. 129, L. 1921; re-en. Sec. 7284, R.C.M. 1921; amd. Sec. 5, Ch. 50, L. 1925; amd. Sec. 1, Ch. 169, L. 1929; re-en. Sec. 7284, R.C.M. 1935; R.C.M. 1947, 89-2307; amd. Sec. 2806, Ch. 56, L. 2009.
MT Code § 85-8-308 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-308. Oath and bond of commissioners -- quorum

  85-8-308. Oath and bond of commissioners -- quorum. (1) Before entering upon their duties, the commissioners shall:   (a) take and subscribe an oath to support The Constitution of the United States and The Constitution of the State of Montana, to faithfully and impartially discharge their duties as commissioners, and to render a true account of their doings to the court by which they are appointed whenever required by law or the order of the court; and   (b) execute a bond running to the clerk of court and the clerk's successors in office as obligees, to be filed with the clerk for the benefit of the parties interested, in an amount to be fixed by the court or presiding judge and with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as commissioners and the faithful accounting for and application of all money that comes into their hands as commissioners.   (2) A majority shall constitute a quorum, and a concurrence of a majority in any matter within their duties is sufficient to its determination.   History: En. Sec. 17, Ch. 129, L. 1921; re-en. Sec. 7281, R.C.M. 1921; re-en. Sec. 7281, R.C.M. 1935; R.C.M. 1947, 89-2218; amd. Sec. 2807, Ch. 56, L. 2009.
MT Code § 85-8-309 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-309. and 85-8-310 reserved

  85-8-309 and 85-8-310 reserved.
MT Code § 85-8-311 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-311. Record and vouchers

  85-8-311. Record and vouchers. The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them; shall take vouchers for such payments; and shall keep full, accurate, and true minutes of all their proceedings.   History: En. Sec. 21, Ch. 129, L. 1921; re-en. Sec. 7285, R.C.M. 1921; re-en. Sec. 7285, R.C.M. 1935; R.C.M. 1947, 89-2308.
MT Code § 85-8-312 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-312. Custody of funds

  85-8-312. Custody of funds. The county treasurer of the county in which the court having jurisdiction of the district is located is the custodian of all funds belonging to the district, and the treasurer shall pay out the funds upon warrants drawn by the board of commissioners of the district, except that the bonds of the district and the interest coupons on the bonds are payable as they mature on presentation to the treasurer.   History: En. Sec. 22, Ch. 129, L. 1921; re-en. Sec. 7286, R.C.M. 1921; re-en. Sec. 7286, R.C.M. 1935; R.C.M. 1947, 89-2309; amd. Sec. 2808, Ch. 56, L. 2009.
MT Code § 85-8-313 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-313. Annual report of commissioners

  85-8-313. Annual report of commissioners. On the first Tuesday of July of each year the commissioners shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times.   History: En. Sec. 23, Ch. 129, L. 1921; re-en. Sec. 7287, R.C.M. 1921; re-en. Sec. 7287, R.C.M. 1935; R.C.M. 1947, 89-2310.