reglab/housing_qa huggingface dataset:
MT Code § 85-8-353 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-353. through 85-8-360 reserved

  85-8-353 through 85-8-360 reserved.
MT Code § 85-8-361 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-361. Contracts

  85-8-361. Contracts. In all cases when the work to be done at any one time under the direction of the commissioners will, in their opinion, cost more than $15,000, the work must be awarded to the lowest responsible bidder. The commissioners shall advertise for sealed bids, by notice published in a newspaper published in the county in which the petition is filed, and may advertise in one or more newspapers published elsewhere. If there is no newspaper published in the county in which the petition is filed, the commissioners shall advertise in a newspaper published in an adjoining county. The notice must specify the time and place when and where the bids advertised will be opened, the kind of work to be contracted for, and the terms of payment. The commissioners may award contracts if in their judgment the contracts are necessary and shall reserve the right to reject any and all bids.   History: En. Sec. 81, Ch. 129, L. 1921; re-en. Sec. 7345, R.C.M. 1921; re-en. Sec. 7345, R.C.M. 1935; R.C.M. 1947, 89-2801; amd. Sec. 1, Ch. 96, L. 1999; amd. Sec. 1, Ch. 79, L. 2013.
MT Code § 85-8-362 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-362. Interest of commissioners in contracts forbidden

  85-8-362. Interest of commissioners in contracts forbidden. The commissioners may not, during their term of office, be interested, directly or indirectly, in any contract for the construction of any drain, ditch, levee, or other work in the drainage district, in the sale of materials for the drainage district, or in the wages of or supplies for personnel or teams employed on any construction work in the district.   History: En. Sec. 82, Ch. 129, L. 1921; re-en. Sec. 7346, R.C.M. 1921; re-en. Sec. 7346, R.C.M. 1935; R.C.M. 1947, 89-2802; amd. Sec. 2812, Ch. 56, L. 2009.
MT Code § 85-8-363 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-363. Commissioners' right of entry

  85-8-363. Commissioners' right of entry. The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any drain, ditch, levee, or embankment in their district to inspect, deepen, widen, and repair the same, whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.   History: En. Sec. 70, Ch. 129, L. 1921; re-en. Sec. 7334, R.C.M. 1921; re-en. Sec. 7334, R.C.M. 1935; R.C.M. 1947, 89-2406.
MT Code § 85-8-364 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-364. Payment or tender of damages

  85-8-364. Payment or tender of damages. (1) The damages allowed to the owners of lands must be paid or tendered before the commissioners are authorized to enter upon the lands (for damage to which the award is made) for the construction of any proposed drains, ditches, or levees. If the owner is unknown, if there is a contest in regard to the ownership of the land, if the owner will not receive payment, if there exists a mortgage or other lien against the land, or if the commissioners cannot for any other reason pay the owner, they may deposit the damages with the clerk of court for the benefit of the owner or parties interested, to be paid or distributed as the court shall direct . The deposit has the same effect as the tender to and acceptance of the damages awarded by the owner of the land.   (2) This section does not prevent the commissioners or their agents, servants, and employees from going upon the lands to do any and all work found necessary prior to making their assessment of benefits and award of damages and the trial on their report of the benefits and damages.   History: En. Sec. 83, Ch. 129, L. 1921; re-en. Sec. 7347, R.C.M. 1921; re-en. Sec. 7347, R.C.M. 1935; R.C.M. 1947, 89-2803; amd. Sec. 2813, Ch. 56, L. 2009.
MT Code § 85-8-365 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-365. Location of drains

  85-8-365. Location of drains. When practicable, said drains provided for herein shall be laid out and constructed on the side of public highways or along natural watercourses.   History: En. Sec. 84, Ch. 129, L. 1921; re-en. Sec. 7348, R.C.M. 1921; re-en. Sec. 7348, R.C.M. 1935; R.C.M. 1947, 89-2804.
MT Code § 85-8-366 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-366. Drains on railroad lands

  85-8-366. Drains on railroad lands. (1) Said commissioners shall have the right to lay out and construct all necessary drains, ditches, and levees across any railway right-of-way or yards in their district. Any railway company whose right-of-way or yards cross the line of any proposed drain, ditch, or levee shall open its right-of-way or yards and permit such drain, ditch, or levee to cross the same as soon as said drain, ditch, or levee is constructed to such right-of-way.   (2) Every drainage district shall be liable to the railway company whose right-of-way or yard any of its drains, ditches, or levees cross for the reasonable cost of the culverts and bridges made necessary by said drain, ditch, or levee crossing said right-of-way or yards but not of more expensive character than the average other culverts and bridges on said division of railway crossing streams or ditches of approximately the same width and depth and within 100 miles of said district ditches.   (3) Upon receiving 15 days' notice in writing, any railway company in whose right-of-way or yard any such drain, ditch, or levee is laid out shall open its right-of-way or yards and permit said commissioners and their contractors, agents, and employees to construct said drain, ditch, or levee or to repair, maintain, or clean out same across said right-of-way or yards. For every day after the end of said 15 days that said railroad company fails to open its said right-of-way or yard, as hereinbefore required, it shall forfeit $25 to said drainage district, to be collected in an action, as other forfeitures are collected, or set off against any damages that have been awarded to such company. If said railway company fails to open its right-of-way or yard along the line of said drainage district, drain, ditch, or levee, the commissioners may, at any time after the expiration of said 15 days, open such right-of-way and yard along the line of said drains, ditches, and levees and construct the same.   History: En. Secs. 71, 72, 73, Ch. 129, L. 1921; re-en. Secs. 7335, 7336, 7337, R.C.M. 1921; re-en. Secs. 7335, 7336, 7337, R.C.M. 1935; R.C.M. 1947, 89-2407, 89-2408, 89-2409.
MT Code § 85-8-367 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-367. Commissioners' powers during emergency

  85-8-367. Commissioners' powers during emergency. Commissioners having charge of any completed drain, ditch, levee, or other work constructed under any drainage law of the state of Montana, whether now in force or repealed, shall be authorized, in the case of an emergency, to make such repairs as may be necessary for the preservation and protection of the work under their control.   History: En. Sec. 63, Ch. 129, L. 1921; re-en. Sec. 7327, R.C.M. 1921; amd. Sec. 5, Ch. 169, L. 1929; amd. Sec. 1, Ch. 97, L. 1931; re-en. Sec. 7327, R.C.M. 1935; R.C.M. 1947, 89-2350(part).
MT Code § 85-8-368 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 3. Organization and Operation|85-8-368. Annual report -- objections

  85-8-368. Annual report -- objections. (1) The commissioners shall, on or before the first Tuesday of March of each year, file with the clerk of court having jurisdiction a report in which they shall specify in detail:   (a) the emergency repairs which they have made during the preceding year;   (b) the labor and repairs then necessary to the preservation and protection of the work under their control;   (c) the places where such labor and repairs are especially needed;   (d) the amount of the outstanding indebtedness of the district; and   (e) the sum to be assessed against each tract, lot, easement, or corporation to pay all emergency repairs theretofore done, necessary labor and repairs to be done during the ensuing year, maintenance, incidental expenses, and interest on and principal of all outstanding indebtedness.   (2) No notice of the filing of such report shall be necessary. All such assessments shall be apportioned on the last assessment roll of drain districts or on the last assessments in drainage districts confirmed by the court having jurisdiction thereof.   (3) Within 30 days after filing such annual report, at a time and place to be fixed by the court or presiding judge, the court or presiding judge shall examine said report, hear all objections to the same, fix and determine the amount of such assessments, and cause such adjudication to be entered of record in said court and a certified copy of the same to be delivered to said commissioners.   History: (1), (2)En. Sec. 63, Ch. 129, L. 1921; re-en. Sec. 7327, R.C.M. 1921; amd. Sec. 5, Ch. 169, L. 1929; amd. Sec. 1, Ch. 97, L. 1931; re-en. Sec. 7327, R.C.M. 1935; Sec. 89-2350, R.C.M. 1947; (3)En. Sec. 64, Ch. 129, L. 1921; re-en. Sec. 7328, R.C.M. 1921; re-en. Sec. 7328, R.C.M. 1935; Sec. 89-2351, R.C.M. 1947; R.C.M. 1947, 89-2350(part), 89-2351.
MT Code § 85-8-401 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-401. Alterations or additions to district -- petition required

  85-8-401. Alterations or additions to district -- petition required. (1) Whenever, in the judgment of the commissioners of any drain district or drainage district, it is necessary or will be beneficial to such district to make any alteration and/or any addition to the drainage system of such district, they shall file a petition with the clerk of the court having jurisdiction of such district, in which shall be stated:   (a) the proposed alteration of and/or the proposed addition to the drainage system of said district;   (b) the necessity therefor; and   (c) the probable cost of making such alteration and/or addition.   (2) Whenever such commissioners shall fail or refuse to file such petition or in event any landowners desire to file such petition, such petition may be filed by such landowners, provided the same be signed by the owners of at least 40% in area of the lands in said district.   History: En. Sec. 7364C by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.3, R.C.M. 1935; amd. Sec. 1, Ch. 70, L. 1953; R.C.M. 1947, 89-2702.
MT Code § 85-8-402 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-402. Hearing -- notice and service

  85-8-402. Hearing -- notice and service. Upon the filing of a petition under 85-8-401, a judge of the district court shall set the petition for hearing and direct the clerk of court to give notice of the hearing. The notice must contain a concise statement of the proposed alteration or addition and the estimated cost of the alteration or addition. The notice must be served and published at least 20 days before the date fixed for the hearing. Service of the notice must be made by certified mail, addressed to each landowner and corporation that may be liable for the payment of any portion of the cost of making the alteration or addition, at the landowner's or corporation's post-office address, if the address can be ascertained by the exercise of due diligence. The notice must be published once a week for 20 days prior to the date of the hearing in a newspaper, to be designated in the order fixing the date for the hearing, published in the county where the court is held. However, if all interested landowners and corporations are served, the notice need not be published.   History: En. Sec. 7364D by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.4, R.C.M. 1935; R.C.M. 1947, 89-2703; amd. Sec. 2814, Ch. 56, L. 2009.
MT Code § 85-8-403 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-403. Court order -- dismissal of petition

  85-8-403. Court order -- dismissal of petition. (1) A landowner or corporation may, at any time prior to 5 days before the date fixed for the hearing under 85-8-402, file objections to the petition. A copy of the objections must be delivered to the attorney for the commissioners, if they have an attorney of record, or to the presiding officer of the board of commissioners of the district, if there is no attorney of record, prior to filing the original objections with the clerk of court.   (2) If objections are made and filed by the owners of at least 75% in area of the lands in the district, the petition must be dismissed and further proceedings may not be taken. If the owners of less than 75% in area of the lands in the district object to the petition, then, on the date fixed for hearing or upon any day to which the hearing may be adjourned, the court having jurisdiction will hear testimony in support of and in opposition to the petition.   (3) After the hearing, the court shall determine whether the proposed alteration or addition is necessary and whether it will be beneficial to the district and improve the drainage system of the district and shall either approve or deny the petition or modify and change the proposed alteration or addition. If the court approves the petition or modifies and changes the alteration or addition proposed, the court shall by order direct the commissioners to proceed with the work with all convenient speed.   (4) As far as possible, the hearing must be conducted as other hearings and trials in the district courts of the state of Montana, and the laws of the state of Montana with reference to hearings and trials, as far as applicable, govern in the conduct of the hearings.   History: En. Sec. 7364E by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.5, R.C.M. 1935; amd. Sec. 2, Ch. 70, L. 1953; R.C.M. 1947, 89-2704; amd. Sec. 2815, Ch. 56, L. 2009.
MT Code § 85-8-404 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-404. Appeals and assessments

  85-8-404. Appeals and assessments. A party interested in the hearing under 85-8-402 who is aggrieved by the order of the court may appeal from the order to the supreme court of Montana within 30 days after the entry of the order. If an appeal is not taken within the time limit, the order of the court made upon the hearing is final and conclusive. If alterations or additions are authorized by the order, the alterations or additions must be made by the commissioners of the district and the cost apportioned in accordance with the last assessment roll of the drain district or in accordance with the last assessments of the drainage district confirmed by the court.   History: En. Sec. 7364F by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.6, R.C.M. 1935; R.C.M. 1947, 89-2705; amd. Sec. 2816, Ch. 56, L. 2009.
MT Code § 85-8-405 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-405. Exclusion of lands from district

  85-8-405. Exclusion of lands from district. Any lands within a drainage district, which district is not bonded or indebted and which lands have not been and will not in the future be benefited by the drainage system of the district and which lands do not contribute water to seep other lands in the district, may be excluded or eliminated from said district by an order of the district court of the county wherein the said lands are situate upon the proceedings hereinafter set forth being had.   History: En. Sec. 1, Ch. 155, L. 1941; R.C.M. 1947, 89-2706.
MT Code § 85-8-406 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-406. Court action -- parties

  85-8-406. Court action -- parties. An action for the exclusion of lands from any such drainage district may be brought in the district court of the county wherein said lands are situated by the owner or owners in fee of said lands, who shall be designated as the plaintiff or plaintiffs, and in said action the members of the board of drainage commissioners of said drainage district shall be made defendants.   History: En. Sec. 2, Ch. 155, L. 1941; amd. Sec. 1, Ch. 196, L. 1943; R.C.M. 1947, 89-2707.
MT Code § 85-8-407 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-407. Complaint required -- contents

  85-8-407. Complaint required -- contents. (1) Said action shall be commenced by filing in the office of the clerk of the district court a complaint which must contain:   (a) the title of the action, the name of the court and the county in which the action is brought, and the names of the parties to the action;   (b) a statement of the facts constituting the cause of the action, in ordinary and concise language;   (c) a demand for the relief which the plaintiff claims.   (2) The complaint shall be verified in the same manner as complaints in other civil actions.   History: En. Sec. 3, Ch. 155, L. 1941; R.C.M. 1947, 89-2708.
MT Code § 85-8-408 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-408. Summons

  85-8-408. Summons. (1) Upon the filing of the complaint the clerk of the court shall issue a summons which shall contain, in addition to the matters specified in Rules 4 and 12(a), Montana Rules of Civil Procedure, a brief statement of the relief demanded and a description of the lands sought to be excluded from the drainage district.   (2) The summons shall be served upon the president and secretary of the board of drainage commissioners, and such service shall be deemed as service upon the drainage district.   History: (1)En. Sec. 4, Ch. 155, L. 1941; Sec. 89-2709, R.C.M. 1947; (2)En. Sec. 5, Ch. 155, L. 1941; amd. Sec. 2, Ch. 196, L. 1943; Sec. 89-2710, R.C.M. 1947; R.C.M. 1947, 89-2709, 89-2710.
MT Code § 85-8-409 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-409. Rules of practice applicable

  85-8-409. Rules of practice applicable. The same rules relative to the filing of answers and replies relative to other causes of action affecting the title to real property shall apply in actions to exclude lands from a drainage district, and all issues arising may be tried by the court without a jury.   History: En. Sec. 6, Ch. 155, L. 1941; amd. Sec. 45, Ch. 460, L. 1977; R.C.M. 1947, 89-2711.
MT Code § 85-8-410 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-410. Court order excluding lands

  85-8-410. Court order excluding lands. If the issue shall be found in favor of the plaintiff, the court may make its order describing the lands to be excluded from the district, and a certified copy of the same shall be filed in the office of the county recorder of the county wherein the lands are situate. From and after the date of such order the lands shall no longer be liable for any assessment levied by the district against the lands excluded.   History: En. Sec. 7, Ch. 155, L. 1941; R.C.M. 1947, 89-2712.
MT Code § 85-8-411 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-411. Appeals

  85-8-411. Appeals. Appeals may be taken from the orders and judgments of the district court to the supreme court of the state of Montana in the same manner as appeals in other causes of action affecting the title to real property.   History: En. Sec. 8, Ch. 155, L. 1941; R.C.M. 1947, 89-2713.
MT Code § 85-8-412 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-412. through 85-8-420 reserved

  85-8-412 through 85-8-420 reserved.
MT Code § 85-8-421 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-421. Procedure to bring other drained lands into district

  85-8-421. Procedure to bring other drained lands into district. (1) Whenever any drained lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, the commissioners of said district may report said facts to the court and ask that said lands, describing them, be brought into said district and assessed for the benefits received by them from the drains, ditches, or levees of said district.   (2) Upon the filing of said report, the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof and shall require such owners to show cause at a time and place therein fixed, not less than 20 days thereafter, why their lands should not be brought into said district and assessed for said benefits.   (3) At the time and place fixed for hearing said report, any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified, and shall set forth the facts on which they are based. All issues arising on said report shall be tried by the court without a jury.   History: En. Secs. 85, 86, 87, Ch. 129, L. 1921; re-en. Secs. 7349, 7350, 7351, R.C.M. 1921; re-en. Secs. 7349, 7350, 7351, R.C.M. 1935; R.C.M. 1947, 89-2805, 89-2806, 89-2807.
MT Code § 85-8-422 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-422. Court order for annexation -- appeal

  85-8-422. Court order for annexation -- appeal. (1) If the court shall find that said lands or any of them are receiving the benefits of any such drain, ditch, or levee, the court shall so find in writing and shall order said lands to be annexed to and made a part of said district and benefits to be assessed against the same by the commissioners of said district.   (2) Said order shall be final and conclusive unless appealed from to the supreme court within 30 days from the date of entry thereof.   History: En. Secs. 88, 89, Ch. 129, L. 1921; re-en. Secs. 7352, 7353, R.C.M. 1921; re-en. Secs. 7352, 7353, R.C.M. 1935; R.C.M. 1947, 89-2808, 89-2809.
MT Code § 85-8-423 (2021)
2021 Montana Code Annotated|Title 85. Water Use|Chapter 8. Drainage Districts|Part 4. Alteration of District|85-8-423. Assessments against annexed lands

  85-8-423. Assessments against annexed lands. The commissioners shall, after the time for appeal is past, assess against each parcel, tract, and easement of the annexed lands reasonable and just benefits and shall assess against these lands for construction and repairs such sums as are just. If lands similarly situated and benefited are found in the district, the annexed lands shall be assessed a like sum of benefits and damages as the similar lands in the district to which they are sought to be annexed and a sum for construction of the work, which shall be equal to all sums assessed, for the complete construction of the drainage system in the district to which they are sought to be annexed against lands having the same assessment of benefits in the district.   History: En. Sec. 90, Ch. 129, L. 1921; re-en. Sec. 7354, R.C.M. 1921; re-en. Sec. 7354, R.C.M. 1935; amd. Sec. 46, Ch. 460, L. 1977; R.C.M. 1947, 89-2810.