reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4325. Consolidation of proceedings for two or more tracts

7-2-4325. Consolidation of proceedings for two or more tracts.
Whenever two or more adjacent tracts taken as a whole adjoin a city or town, the tracts may be included in one resolution under this part, although one or more of the tracts taken alone may not be adjacent to the corporate limits as then existing.
History: En. Sec. 1, Ch. 30, L. 1905; re-en. Sec. 3214, Rev. C. 1907; re-en. Sec. 4978, R.C.M. 1921; amd. Sec. 1, Ch. 52, L. 1925; re-en. Sec. 4978, R.C.M. 1935; amd. Sec. 1, Ch. 239, L. 1957; amd. Sec. 1, Ch. 238, L. 1959; amd. Sec. 1, Ch. 217, L. 1961; amd. Sec. 1, Ch. 281, L. 1967; amd. Sec. 1, Ch. 510, L. 1977; R.C.M. 1947, 11-403(3); amd. Sec. 2, Ch. 320, L. 1985; amd. Sec. 6, Ch. 485, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4331. When land conclusively presumed to be annexed

7-2-4331. When land conclusively presumed to be annexed.
A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4401. What constitutes contiguous land for purpose of part

7-2-4401. What constitutes contiguous land for purpose of part.
The land proposed to be annexed to a municipality under the provisions of this part shall be deemed contiguous to such municipality even though such land may be separated from such municipality by a street or other roadway, a sidewalk, a public way of any kind, an irrigation ditch or drainage ditch, or some other strip too small for the erection of houses.
History: En. Sec. 2, Ch. 189, L. 1957; R.C.M. 1947, 11-512.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4402. Annexation of contiguous government land

7-2-4402. Annexation of contiguous government land.
Whenever any land contiguous to a municipality is owned by the United States or by the state of Montana or by any agency, instrumentality, or political subdivision of either or whenever any of the foregoing have a beneficial interest in any land contiguous to a municipality, such land may be incorporated and included in the municipality to which it is contiguous and may be annexed thereto and made a part thereof in the manner provided in this part.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4403. Request for annexation by government official

7-2-4403. Request for annexation by government official.
The administrative head of the owner of land referred to in 7-2-4402 or the administrative head of the holder of a beneficial interest in such land shall file with the clerk of the municipality a description of the land, a certification of ownership or of beneficial interest therein, and a statement that the owner of or the holder of the beneficial interest in the land desires to have it annexed.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4404. Resolution of intent to annex

7-2-4404. Resolution of intent to annex.
Upon receiving the request provided for in 7-2-4403, the governing body of the municipality shall pass a resolution reciting its intention to annex the land and setting a time and place for a public hearing thereon.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4405. Notice of resolution -- protest period

7-2-4405. Notice of resolution -- protest period.
The clerk of the municipality shall forthwith cause to be published in the newspaper nearest such land, at least once a week for 2 successive weeks, a notice that such resolution has been duly and regularly passed and that for a period of 20 days after the first publication of such notice, such clerk will receive expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of the municipality. Said notice shall also state the time and place set for the public hearing on the proposed annexation.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4406. Hearing on question of annexation -- resolution of annexation

7-2-4406. Hearing on question of annexation -- resolution of annexation.
(1) At the time and place set for the aforesaid public hearing, the governing body of the municipality shall hear all persons and all things relative to the proposed annexation.
(2) If the governing body shall find that it is to the best interests of the municipality and its inhabitants to annex the land, it shall adopt a resolution of annexation of the land. Said resolution shall become effective 30 days after its passage and approval, and thereafter the boundary of said municipality shall be as set forth in said resolution.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4407. Filing of resolution and other papers

7-2-4407. Filing of resolution and other papers.
Within 30 days after the passage and approval of said resolution, a copy thereof, duly certified by the clerk of the municipality, together with a map showing the corporate limits of said municipality as altered and changed, shall be filed in the office of the county clerk and recorder of the county in which said municipality is located.
History: En. Sec. 1, Ch. 189, L. 1957; R.C.M. 1947, 11-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4408. Applicability of part

7-2-4408. Applicability of part.
(1) When the proceedings for annexation of territory to a municipality are instituted as provided in this part, the provisions of this part and no other apply, except where otherwise explicitly indicated.
(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
History: En. Sec. 3, Ch. 642, L. 1979; amd. Sec. 3, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4409. Provision of services

7-2-4409. Provision of services.
In all cases of annexation under current Montana law, services must be provided as specified in Title 7, chapter 2, part 47, except when mutually agreed upon by the municipality and the real property owners of the area to be annexed.
History: En. Sec. 2, Ch. 642, L. 1979; amd. Sec. 7, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 44. Annexation of Contiguous Government Land › 7-2-4421. When land conclusively presumed to be annexed

7-2-4421. When land conclusively presumed to be annexed.
A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4501. Annexation of wholly surrounded land

7-2-4501. Annexation of wholly surrounded land.
A city may include as part of the city any platted or unplatted tract or parcel of land that is wholly surrounded by the city upon passing a resolution of intent, giving notice, and passing a resolution of annexation. Except as provided in 7-2-4502, the provisions of 7-2-4312 through 7-2-4314 apply to these resolutions and the notice requirement.
History: En. Sec. 1, Ch. 30, L. 1905; re-en. sec. 3214, Rev. C. 1907; re-en. Sec. 4978, R.C.M. 1921; amd. Sec. 1, Ch. 52, L. 1925; re-en. Sec. 4978, R.C.M. 1935; amd. Sec. 1, Ch. 239, L. 1957; amd. Sec. 1, Ch. 238, L. 1959; amd. Sec. 1, Ch. 217, L. 1961; amd. Sec. 1, Ch. 281, L. 1967; amd. Sec. 1, Ch. 510, L. 1977; R.C.M. 1947, 11-403(part); amd. Sec. 17, Ch. 250, L. 1979; amd. Sec. 1, Ch. 200, L. 1983.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4502. Protest not available

7-2-4502. Protest not available.
Wholly surrounded land is annexed, if so resolved by the city or town council, whether or not a majority of the real property owners of the area to be annexed object. The question of annexing the wholly surrounded land is not subject to being voted on by the registered voters of the area to be annexed.
History: En. Sec. 1, Ch. 30, L. 1905; re-en. sec. 3214, Rev. C. 1907; re-en. Sec. 4978, R.C.M. 1921; amd. Sec. 1, Ch. 52, L. 1925; re-en. Sec. 4978, R.C.M. 1935; amd. Sec. 1, Ch. 239, L. 1957; amd. Sec. 1, Ch. 238, L. 1959; amd. Sec. 1, Ch. 217, L. 1961; amd. Sec. 1, Ch. 281, L. 1967; amd. Sec. 1, Ch. 510, L. 1977; R.C.M. 1947, 11-403(part); amd. Sec. 8, Ch. 66, L. 1995; amd. Sec. 7, Ch. 485, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4503. Restrictions on annexation power

7-2-4503. Restrictions on annexation power.
Land shall not be annexed under this part whenever the land is used:
(1) for agricultural, mining, smelting, refining, transportation, or any industrial or manufacturing purpose; or
(2) for the purpose of maintaining or operating a golf or country club, an athletic field or aircraft landing field, a cemetery, or a place for public or private outdoor entertainment or any purpose incident thereto.
History: En. Sec. 1, Ch. 30, L. 1905; re-en. sec. 3214, Rev. C. 1907; re-en. Sec. 4978, R.C.M. 1921; amd. Sec. 1, Ch. 52, L. 1925; re-en. Sec. 4978, R.C.M. 1935; amd. Sec. 1, Ch. 239, L. 1957; amd. Sec. 1, Ch. 238, L. 1959; amd. Sec. 1, Ch. 217, L. 1961; amd. Sec. 1, Ch. 281, L. 1967; amd. Sec. 1, Ch. 510, L. 1977; R.C.M. 1947, 11-403(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4504. What constitutes contiguous lands

7-2-4504. What constitutes contiguous lands.
Tracts or parcels of land proposed to be annexed to a city or town under the provisions of this part shall be deemed contiguous to such city or town even though such tracts or parcels of land may be separated from such city or town by a street or other roadway, irrigation ditch, drainage ditch, stream, river, or a strip of unplatted land too narrow or too small to be platted.
History: En. Sec. 1, Ch. 95, L. 1945; amd. Sec. 1, Ch. 16, L. 1955; R.C.M. 1947, 11-404.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4505. Applicability of part

7-2-4505. Applicability of part.
(1) When the proceedings for annexation of territory to a municipality are instituted as provided in this part, the provisions of this part and no other apply, except where otherwise explicitly indicated.
(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
History: En. Sec. 3, Ch. 642, L. 1979; amd. Sec. 4, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4506. Provision of services

7-2-4506. Provision of services.
In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
History: En. Sec. 2, Ch. 642, L. 1979; amd. Sec. 3, Ch. 447, L. 1981; amd. Sec. 9, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 45. Annexation of Wholly Surrounded Land › 7-2-4511. When land conclusively presumed to be annexed

7-2-4511. When land conclusively presumed to be annexed.
A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4601. Annexation by petition -- when election required

7-2-4601. Annexation by petition -- when election required.
(1) The boundaries of any incorporated city or town may be altered and new areas annexed as provided in this part.
(2) The council or other legislative body of a municipal corporation, upon receiving a written petition for annexation containing a description of the area to be annexed and signed by not less than 33 1/3% of the registered electors of the area proposed to be annexed, shall, except as provided in subsection (3), submit to the electors of the municipal corporation and to the registered electors residing in the area proposed by the petition to be annexed the question of whether the area should be made a part of the municipal corporation.
(3) (a) The governing body of a municipality need not submit the question of annexation to the qualified electors as provided in subsection (2) if it has received a written petition containing a description of the area requested to be annexed and signed by:
(i) more than 50% of the resident electors owning real property in the area to be annexed; or
(ii) the owner or owners of real property representing 50% or more of the total area to be annexed.
(b) The governing body may approve or disapprove a petition submitted under the provisions of subsection (3)(a) on its merits. When the governing body approves the petition, it shall pass a resolution providing for the annexation.
History: En. Sec. 1, Ch. 168, L. 1945; R.C.M. 1947, 11-506(1); amd. Sec. 293, Ch. 571, L. 1979; (3)En. Sec. 1, Ch. 641, L. 1979; amd. Sec. 1, Ch. 279, L. 1985; amd. Sec. 10, Ch. 66, L. 1995; amd. Sec. 1, Ch. 186, L. 2011; amd. Sec. 27, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4602. Conduct of election on question of annexation

7-2-4602. Conduct of election on question of annexation.
An election on the question of annexation must be conducted in accordance with Title 13, chapter 1, part 4.
History: En. Secs. 1, 2, Ch. 168, L. 1945; R.C.M. 1947, 11-506(part), 11-507(part); amd. Sec. 294, Ch. 571, L. 1979; amd. Sec. 28, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4603. Repealed

7-2-4603. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 1, Ch. 168, L. 1945; R.C.M. 1947, 11-506(part); amd. Sec. 295, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4604. Repealed

7-2-4604. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4605. Repealed

7-2-4605. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4606. Resolution if annexation approved by voters

7-2-4606. Resolution if annexation approved by voters.
(1) (a) If a majority of votes were cast in favor of the annexation, the city or town council or other legislative body shall, at a regular or special meeting held within 30 days of the election, pass and adopt a resolution providing for the annexation.
(b) The resolution must include a statement that a petition has been filed with the council or other legislative body containing the signatures of 33 1/3% of the resident electors owning real property in the area proposed to be annexed; a description of the boundaries of the area to be annexed; a copy of the resolution ordering the election; a copy of the notice of the election; the time and result of the canvass of the votes received in favor of annexation and the number of votes cast against annexation; and a statement that the boundaries of the city or town are to be extended to include the area described in the petition for annexation. The resolution must be incorporated in the minutes of the council or legislative body.
(2) A resolution adopted pursuant to 7-2-4601(3) must include a statement that a petition has been filed with the governing body containing the signatures of more than 50% of the resident electors owning real property or the owners of real property representing 50% or more of the total area to be annexed; a description of the boundaries of the area to be annexed; and a statement that the boundaries of the municipality are to be extended to include the area described in the petition for annexation. The resolution must be incorporated in the minutes of the governing body. Upon incorporation in the minutes, the resolution must be filed and becomes effective as provided in 7-2-4607.
History: (1)En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(3); (2)En. Sec. 1, Ch. 641, L. 1979; amd. Sec. 2, Ch. 279, L. 1985; amd. Sec. 11, Ch. 66, L. 1995; amd. Sec. 2, Ch. 186, L. 2011; amd. Sec. 29, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4607. Filing of resolution

7-2-4607. Filing of resolution.
(1) The clerk or other officer performing the duties of clerk of such council or legislative body shall promptly make and certify under the seal of said municipal corporation a copy of said record so entered upon said minutes, which document shall be filed with the clerk of the county in which the city or town to which said territory or territories are sought to be annexed is situated.
(2) From and after the date of the filing of said document in the office of the county clerk, the annexation of such territory or territories so proposed to be annexed shall be deemed and shall be complete. Thenceforth such annexed territory or territories shall be, to all intents and purposes, a part of said municipal corporation, and the said city or town to which the annexation is made has the power to pass all necessary ordinances pertaining thereto.
History: En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4608. Restrictions on annexation power

7-2-4608. Restrictions on annexation power.
(1) Territory that is part of an incorporated city or town at the time a petition for proposed annexation is presented as provided in 7-2-4601 may not be annexed under the provisions of this part.
(2) Except as provided in subsection (3), a parcel of land that, at the time a petition for proposed annexation is presented to the governing body of a city or town, is used in whole or in part for agricultural, mining, smelting, refining, transportation, or any industrial or manufacturing purpose or for any purpose incident to those uses may not be annexed under the provisions of this part.
(3) The provisions of subsection (2) do not apply if the petition submitted to the governing body of the city or town is signed by 100% of the owners of the land proposed to be annexed and the annexation is in accordance with the city's or town's adopted growth policy.
History: En. Secs. 3, 4, Ch. 168, L. 1945; R.C.M. 1947, 11-508, 11-509; amd. Sec. 3, Ch. 186, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4609. Applicability of part

7-2-4609. Applicability of part.
(1) This part does not repeal parts 43 and 45 having reference to extension of the corporate limits of cities of the first, second, and third classes to include contiguous land but provides an alternative method that the municipal governing body may in its discretion choose to use for the annexation of territory or territories to municipal corporations.
(2) When any proceedings for annexation of territory or territories to any municipal corporation are commenced under this part, the provisions of this part and no other apply to such proceedings.
(3) When the proceedings for annexation of territory to a municipality are instituted as provided in this part, the provisions of this part and no other apply, except where otherwise explicitly indicated.
History: En. Sec. 5, Ch. 168, L. 1945; R.C.M. 1947, 11-510; amd. Sec. 18, Ch. 250, L. 1979; amd. Sec. 2, Ch. 641, L. 1979; (3)En. Sec. 3, Ch. 642, L. 1979; amd. Sec. 5, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4610. Provision of services

7-2-4610. Provision of services.
In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed.
History: En. Sec. 2, Ch. 642, L. 1979; amd. Sec. 4, Ch. 447, L. 1981; amd. Sec. 12, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4621. When land conclusively presumed to be annexed

7-2-4621. When land conclusively presumed to be annexed.
A tract or parcel of land that has been shown on municipal maps or plats as being within municipal boundaries but is later found to have been improperly or unofficially annexed is conclusively presumed to be annexed and may be so recorded if municipal taxes have been paid on the tract or parcel without protest for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 46. Annexation by Petition › 7-2-4625. Annexation district

7-2-4625. Annexation district.
An incorporated city or town may create an annexation district outside of the city or town. Territory may be included in an annexation district only upon an agreement between the city or town and the owner of the property included in a district. The agreement may specify the duration of the district, which may not exceed 10 years. A city or town may provide the services specified in the agreement between the city or town and the property owner to the property in the district. The city or town may impose a tax levy or a fee on the owner of the property within the annexation district based upon the difference between the municipal levy or fee and the nonmunicipal levy or fee. By the end of the period specified in the agreement, the levy or fee must be the full amount that a resident of the city or town would pay in the year that the property is annexed. Unless the agreement provides otherwise, the property in the district is annexed after the period specified in the agreement, and the district is dissolved. A delinquency in a payment by the owner of property in the annexation district is collectible in the same manner that other delinquent taxes or fees are collectible.
History: En. Sec. 1, Ch. 324, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4701. Short title

7-2-4701. Short title.
This part shall be entitled "The Planned Community Development Act of 1973".
History: En. 11-514 by Sec. 1, Ch. 364, L. 1974; R.C.M. 1947, 11-514.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4702. Findings

7-2-4702. Findings.
(1) It is declared as a matter of state policy that current annexation laws and planning methods incorporated in the Montana system are in many cases discriminatory and are in many of the Montana cities causing indiscriminate growth patterns and in many cases forcing citizens of municipalities to be annexed without provision for adequate city services extended and provided for them.
(2) Likewise, in many cities city government is annexing and adding to cities not to the benefit of those being annexed, but to the benefit of the city, merely to derive a greater tax base.
(3) Likewise, in many cities there are those lying on the perimeter of the city not within the corporate boundaries of a city that are deriving many benefits from the city without paying their just and equal share for these services.
History: En. 11-515 by Sec. 2, Ch. 364, L. 1974; R.C.M. 1947, 11-515(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4703. Purpose

7-2-4703. Purpose.
It is the purpose of this part to develop a just and equitable system of adding to and increasing city boundaries for the state of Montana, which will develop the following firm policies:
(1) Sound urban development is essential to the continued economic development of this state, and any annexation prepared must be well planned in advance.
(2) Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety, and welfare in areas being intensively used for residential, commercial, industrial, institutional, and governmental purposes or in areas undergoing such development, and future annexations must consider these principles.
(3) Municipal boundaries should be extended in accordance with legislative standards applicable throughout the state to include such areas and to provide the high quality of governmental services needed for the public health, safety, and welfare.
(4) Areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality as soon as possible following annexation.
History: En. 11-515 by Sec. 2, Ch. 364, L. 1974; R.C.M. 1947, 11-515(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4704. Definitions

7-2-4704. Definitions.
The following terms when used in this part have the following meanings except when the context clearly indicates a different meaning:
(1) "Contiguous" means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state.
(2) "Municipality" means any incorporated city or town.
(3) "Real property owner" means a person who holds an estate of life or inheritance in real property or who is the purchaser of an estate of life or inheritance in real property under a contract for deed, some memorandum of which has been filed in the office of the county clerk.
History: En. 11-516 by Sec. 3, Ch. 364, L. 1974; R.C.M. 1947, 11-516; amd. Sec. 13, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4705. Annexation by municipalities providing services

7-2-4705. Annexation by municipalities providing services.
(1) The governing body of any municipality may extend the corporate limits of the municipality under the procedure set forth in this part upon the initiation of the procedure by the governing body itself.
(2) Whenever the owners of real property situated outside the corporate boundaries of any municipality, but contiguous to the municipality, desire to have real estate annexed to the municipality, they shall file with the governing body of the municipality a petition bearing the signatures of 51% of the real property owners of the area sought to be annexed and requesting a resolution stating that the municipality intends to consider annexation. Upon passage of the resolution, the governing body shall follow the procedure in 7-2-4707 through 7-2-4713 and 7-2-4731(3).
History: En. 11-517 by Sec. 4, Ch. 364, L. 1974; R.C.M. 1947, 11-517(part); amd. Sec. 19, Ch. 250, L. 1979; amd. Sec. 14, Ch. 66, L. 1995; amd. Sec. 4, Ch. 186, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4706. Appeal if municipal governing body fails to act on petition

7-2-4706. Appeal if municipal governing body fails to act on petition.
If the municipal governing body fails to act within 60 days, the petitioners may appeal to the district court under the procedure set down in 7-2-4741 through 7-2-4746.
History: En. 11-517 by Sec. 4, Ch. 364, L. 1974; R.C.M. 1947, 11-517(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4707. Resolution of intention to annex

7-2-4707. Resolution of intention to annex.
The governing body of any municipality desiring to annex territory under the provisions of this part shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than 30 days and not more than 60 days following passage of the resolution.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4708. Notice of hearing

7-2-4708. Notice of hearing.
The notice of public hearing must:
(1) be published as provided in 7-1-4127;
(2) describe clearly the boundaries of the area under consideration; and
(3) state that the report required in 7-2-4731 will be available in the office of the municipal official designated by the governing body at least 14 days prior to the date of the public hearing.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(2); amd. Sec. 9, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4709. Hearing on question of annexation

7-2-4709. Hearing on question of annexation.
(1) At the public hearing, a representative of the municipality as designated by the governing body shall first make an explanation of the report required in 7-2-4731.
(2) Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(4).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4710. Protest

7-2-4710. Protest.
(1) For a period of 45 days after the public hearing provided for in 7-2-4707 through 7-2-4709, the governing body of the municipality shall accept written comments approving or disapproving the proposed annexation from real property owners of the area proposed to be annexed.
(2) If a majority of the real property owners disapprove of the proposed annexation in writing, further proceedings under this part relating to the area or any part of the area proposed to be annexed may not be considered or acted upon by the governing body on its own initiative, without petition, for a period of 1 year from the date of disapproval.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(8); amd. Sec. 1, Ch. 586, L. 1985; amd. Sec. 15, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4711. Ordinance of annexation

7-2-4711. Ordinance of annexation.
The municipal governing body shall take into consideration facts presented at the public hearing and shall have authority to amend the report required by 7-2-4731 and to make changes in the plans for serving the area proposed to be annexed so long as such changes meet the requirements of 7-2-4731 through 7-2-4733. At any regular or special meeting held no sooner than 7 days and no later than 60 days following such public hearing, the governing body shall have authority to adopt an ordinance extending the corporate limits of the municipality to include all or such part of the area described in the notice of public hearing which meets the requirements of 7-2-4734 and 7-2-4735 and which the governing body has concluded should be annexed.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4712. Contents of ordinance of annexation

7-2-4712. Contents of ordinance of annexation.
(1) The ordinance shall:
(a) contain specific findings showing that the area to be annexed meets the requirements of 7-2-4734 and 7-2-4735;
(b) contain a statement of the intent of the municipality to provide services to the area being annexed as set forth in the report required by 7-2-4731; and
(c) fix the effective date of annexation.
(2) The external boundaries of the area to be annexed shall be described by metes and bounds.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4713. Effective date of annexation

7-2-4713. Effective date of annexation.
The effective date of annexation may be fixed for any date within 12 months from the date of passage of the ordinance.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4714. Filing of annexation order

7-2-4714. Filing of annexation order.
(1) The clerk or other officer performing the duties of the clerk of the governing body of a municipality shall promptly make and certify under the seal of the municipal corporation a copy of the record so entered upon the minutes, which document shall be filed with the clerk of the county in which the municipality to which the territory or territories are sought to be annexed is situated.
(2) From and after the date of filing the document in the office of the county clerk or the effective date of the ordinance, whichever is later, the annexation of the territory or territories shall be complete. Thenceforth such annexed territory or territories shall be a part of the municipal corporation and the city or town to which the annexation is made has the power to pass all necessary ordinances pertaining thereto.
History: En. 11-521 by Sec. 8, Ch. 364, L. 1974; R.C.M. 1947, 11-521.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4715. Simultaneous proceedings for several areas

7-2-4715. Simultaneous proceedings for several areas.
If a municipality is considering the annexation of two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another, it may undertake simultaneous proceedings under authority of this part for the annexation of such areas.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(7).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4716. Effect of annexation

7-2-4716. Effect of annexation.
(1) From and after the effective date of the annexation ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality.
(2) The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the effective date of annexation. Annexed property which is part of a sanitary district or other special service district which has installed water, sewer, or other utilities or improvements paid for by the residents of said district shall not be subject to that part of the municipal taxes levied for debt service for the first 5 years after the effective date of annexation.
History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(6).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4717. Certain expenditures authorized

7-2-4717. Certain expenditures authorized.
(1) Municipalities initiating annexations under the provisions of this part are authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study or annexation of unincorporated territory adjacent to the municipality.
(2) In addition, following final passage of the annexation ordinance, the annexing municipality shall have authority to proceed with expenditures for construction of streets, utility lines, and other capital facilities in the annexed area.
History: En. 11-524 by Sec. 11, Ch. 364, L. 1974; R.C.M. 1947, 11-524.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4718. Construction

7-2-4718. Construction.
(1) The method of annexation authorized in this part is independent from other methods of annexation authorized by state law.
(2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the circumstances of the particular annexation. The municipal governing body must then follow the specific procedures prescribed in the appropriate part.
History: En. 11-525 by Sec. 12, Ch. 364, L. 1974; R.C.M. 1947, 11-525(part); amd. Sec. 1, Ch. 642, L. 1979; amd. Sec. 6, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4731. Plans and report on extension of services required -- consultation with county

7-2-4731. Plans and report on extension of services required -- consultation with county.
(1) A municipality exercising authority under this part shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in 7-2-4707 through 7-2-4709, prepare a report setting forth its plans to provide services to the area proposed to be annexed. The report must include:
(a) a map or maps of the municipality and adjacent territory to show the following information:
(i) the present and proposed boundaries of the municipality;
(ii) the present streets, major trunk water mains, sewer interceptors and outfalls, and other utility lines and the proposed extension of the streets and utility lines as required in subsection (1)(c); and
(iii) the general land use pattern in the areas to be annexed;
(b) a statement showing that the area to be annexed meets the requirements of 7-2-4734 and 7-2-4735;
(c) a statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation.
(2) Prior to making plans for the extension of services pursuant to subsection (1), the municipality shall provide notice of its decision to exercise its authority under this part to the county. If requested by the county, the municipality shall consult with the county governing body or its representatives to coordinate the orderly transfer of services.
(3) At least 14 days before the date of the public hearing provided for in 7-2-4707 through 7-2-4709, the governing body of the municipality shall approve the report and make the report available to the public at the office of the municipal official designated by the governing body. In addition, the municipality may prepare a summary of the full report for public distribution.
History: (1)En. 11-518 by Sec. 5, Ch. 364, L. 1974; Sec. 11-518, R.C.M. 1947; (2)En. 11-520 by Sec. 7, Ch. 364, L. 1974; Sec. 11-520, R.C.M. 1947; R.C.M. 1947, 11-518(part), 11-520(3); amd. Sec. 5, Ch. 186, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 47. Annexation With the Provision of Services › 7-2-4732. Contents of plan for extension of services

7-2-4732. Contents of plan for extension of services.
(1) The plans for the extension of services must provide a long-range plan for extension of services and the acquisition of properties outside the corporate limits. This plan must show anticipated development a minimum of 5 years into the future, showing on a yearly basis how the municipality plans to extend services and develop and add sections to the city.
(2) The plans must:
(a) provide for extending police protection, fire protection, garbage collection, and streets and street maintenance services to the area to be annexed on substantially the same basis and in the same manner as those services are provided within the rest of the municipality prior to annexation;
(b) provide for future extension of streets and major trunk water mains, sewer outfall lines, and other utility services into the area to be annexed, so that when the streets and utility lines become necessary and are constructed, property owners in the area to be annexed will be able to secure the services, according to the policies in effect in the municipality for extending the services to individual lots or subdivisions;
(c) if extension of streets and water, sewer, or other utility lines into the area to be annexed is necessary, set forth a proposed timetable for construction of the streets and utility lines.
(3) A method must be set forth by which the municipality plans to finance extension of services into the area to be annexed. If the area is serviced currently by adequate water and sewage services, streets, curbs, and gutters and capital improvements are not needed to provide adequate services stipulated by this section and 7-2-4731, the municipality shall provide the area to be annexed with a plan of how they plan to finance other services to be included within the district--mainly, police protection, fire protection, garbage collection, street, and street maintenance services, as well as continued utility service.
(4) In this annexation plan, it must be clearly stated that the entire municipality tends to share the tax burden for these services, and if so, the area may be annexed without a bond issue under the provisions of this part.
(5) If a county, special district, or improvement district currently provides services to the area to be annexed, the plan must provide specific steps for the orderly transfer of those services, including police protection, fire protection, garbage collection, street and street maintenance services, and utility services. The plan for the transfer of services must be developed in consultation with the governing body of the county and with any other departments of the county, special districts, or improvement districts that have been providing services to the area proposed to be annexed.
History: En. 11-518 by Sec. 5, Ch. 364, L. 1974; R.C.M. 1947, 11-518(part); amd. Sec. 6, Ch. 186, L. 2011.