reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 27. Abandonment and Consolidation of Counties › 7-2-2756. Sale of acquired real property

7-2-2756. Sale of acquired real property.
(1) Real estate may not be sold by the board of county commissioners unless the property has been appraised within 1 year immediately prior to the date of sale by three taxpayers who reside within the territory of the abandoned and abolished county and who were appointed by the judge of the district court to which the county is attached, on petition of the board of that county. Each sale of real estate must be made at public sale, and notice must be published as provided in 7-1-2121. The real estate may not be sold for a price less than 90% of the appraised value.
(2) The full purchase price of any real estate sold may not be required to be made in one payment. The purchaser may pay the price in four installments, the first of which must be not less than 25% of the purchase price, to be paid at the time of purchase, with the remainder to be paid in three equal annual installments with interest at not less than 5% a year. Whenever the purchase price of any real estate is to be paid in installments, the board shall enter into a contract with the purchaser and the contract must be recorded in the office of the county clerk. When payment in full has been made for real estate, the presiding officer of the board shall execute and deliver the proper bill of sale or deed to the purchaser or the purchaser's successor in interest.
(3) All real estate sold, with any improvements on the real estate, is subject to assessment and taxation annually to the purchaser or the purchaser's successor in interest at a value equal to the amount paid on the purchase price until the purchase price is fully paid, when the real estate must be assessed at its full cash value. Any improvements placed on any real estate after its purchase are subject to assessment and taxation at the full cash value of the improvements.
History: En. Sec. 20, Ch. 105, L. 1937; amd. Sec. 40, Ch. 566, L. 1977; R.C.M. 1947, 16-4020(part); amd. Sec. 4, Ch. 349, L. 1985; amd. Sec. 286, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 27. Abandonment and Consolidation of Counties › 7-2-2757. Sale of acquired personal property

7-2-2757. Sale of acquired personal property.
(1) Personal property having a value in excess of $100 may not be sold unless it has been appraised within 1 year immediately prior to the date of sale by three taxpayers who reside within the territory of the abandoned and abolished county and who were appointed by the judge of the district court to which the county succeeding to the ownership of the property is attached, on petition of the board of county commissioners. A sale of any personal property must be made at public sale after notice and for a price not less than 90% of the appraised value.
(2) Whenever the purchase price of any real estate is to be paid in installments, the board shall enter into a contract with the purchaser and the contract must be recorded in the office of the county clerk. When payment in full has been made for any personal property, the presiding officer of the board shall execute and deliver the proper bill of sale or deed to the purchaser or the purchaser's successor in interest.
History: En. Sec. 20, Ch. 105, L. 1937; amd. Sec. 40, Ch. 566, L. 1977; R.C.M. 1947, 16-4020(part); amd. Sec. 287, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 27. Abandonment and Consolidation of Counties › 7-2-2758. Compensation for appraisers

7-2-2758. Compensation for appraisers.
The compensation of all appraisers appointed under the provisions of 7-2-2756 and 7-2-2757 shall be fixed by the district judge appointing the same.
History: En. Sec. 20, Ch. 105, L. 1937; amd. Sec. 40, Ch. 566, L. 1977; R.C.M. 1947, 16-4020(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 27. Abandonment and Consolidation of Counties › 7-2-2759. Distribution of money derived from acquired property

7-2-2759. Distribution of money derived from acquired property.
(1) Money received from leases or sales of real or personal property by any county other than the county designated in the petition for abandonment as the county to which the territory of the abandoned county is to be allocated shall be transmitted by the officers of such county to the treasurer of the county designated in such petition for abandonment.
(2) All money received from the sale of personal property and from the leasing or sale of real estate, after deducting therefrom the amounts paid appraisers and for publishing notices of sale, shall be used and applied as follows:
(a) if there are any warrants issued and outstanding against any of the funds of the abandoned and abolished county, such money shall be applied in payment of such warrants and interest;
(b) if there are no warrants outstanding but district bonds have been issued under the provisions of 7-2-2745(2), 7-2-2747, and 7-2-2748, then the money shall be deposited in the sinking and interest fund for district bonds;
(c) if there are no district bonds outstanding, then the money shall be deposited to the credit of the sinking and interest funds for bonds issued and outstanding when the abandoned and abolished county ceased to exist; and
(d) if there are no bonds outstanding, then the money shall be apportioned to all of the counties to which parts of the abandoned county were attached in the proportion which the taxable value of the property in each part on January 1 immediately preceding the abandonment bears to the taxable value of all the property in the abandoned county, and the apportioned money shall be deposited in the funds of each county as the boards of county commissioners of the counties may direct.
History: En. Sec. 20, Ch. 105, L. 1937; amd. Sec. 40, Ch. 566, L. 1977; R.C.M. 1947, 16-4020(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2802. Affidavits to be attached to petition -- verification of signatures

7-2-2802. Affidavits to be attached to petition -- verification of signatures.
(1) There must be attached and filed with each sheet or section for a petition to alter county boundaries an affidavit of the person who circulated the petition, stating that it is the person's belief that:
(a) the petition is signed by at least 25 or a majority of the qualified petitioners, whichever is less;
(b) the signatures are genuine; and
(c) each person signing was, at the date of signing, a qualified petitioner.
(2) Upon receipt of the petition, the clerk of the county in which the qualified petitioners' property is located shall verify, using property records filed with the county and any other information that may be necessary, that the signatories are qualified petitioners.
(3) Within 30 days of receipt of the petition, the clerk shall:
(a) certify that the petition is sufficient under the provisions of subsection (2) and present the petition to the governing body at its next meeting; or
(b) reject the petition if it is insufficient under the provisions of subsection (2).
(4) The clerk shall notify the adjoining county where the proposed boundary change will occur of the clerk's action under subsection (3).
(5) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.
History: En. Sec. 2, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2803. County commissioners to accept, amend, or reject petition -- public hearing -- interlocal agreement

7-2-2803. County commissioners to accept, amend, or reject petition -- public hearing -- interlocal agreement.
(1) Upon receipt of a petition submitted as provided in 7-2-2801 and 7-2-2802, the boards of county commissioners in the adjoining counties for which boundary changes are proposed shall, after providing public notice pursuant to 7-1-2121 in the county seat of each adjoining county, hold a public hearing in the area proposed to be moved from one county to another. After the public hearing, the boards of county commissioners shall either accept, reject, or amend the boundary changes as proposed in the petition.
(2) An interlocal agreement must be entered into by the adjoining counties and must state:
(a) the proposed boundary change as accepted or amended by the boards, including the legal description of the proposed boundary change;
(b) the procedure each board intends to follow in complying with this part;
(c) subject to subsection (4), the costs to be incurred by each county in complying with 7-2-2807; and
(d) any other elements to which the boards agree regarding provision of services or county operations upon the relocation of the boundary.
(3) If the boards of county commissioners do not agree on the proposed boundary changes, either as presented in the petition or as amended, or if one or both boards reject the proposal, the process for changing the boundaries must cease and may not be initiated again for a period of 1 year.
(4) The adjoining counties shall negotiate the fees to be charged for compliance with 7-2-2807, and the provisions of 7-2-2412, 7-4-2631, 7-4-2632, and 7-4-2637 regarding fees charged by county clerks do not apply to the processes required in 7-2-2807.
History: En. Sec. 3, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2804. Order for election -- registered electors entitled to vote

7-2-2804. Order for election -- registered electors entitled to vote.
(1) Upon execution of an interlocal agreement under 7-2-2803(2), the boards of county commissioners in the adjoining counties for which boundary changes are proposed shall, after providing public notice pursuant to 7-1-2121 in the county seat of each adjoining county, hold a public hearing in the area proposed to be moved from one county to another in order to accept comment on the proposed cost of compliance with 7-2-2807 as stated in the interlocal agreement pursuant to 7-2-2803(2). After the public hearing, the boards of county commissioners shall order and give notice of an election to be held for the purpose of determining whether or not to change the boundaries of the adjoining counties.
(2) All registered electors of the adjoining counties are entitled to vote at the election.
(3) The notice must require that the ballot contain the legal description of the proposed boundary change, together with any descriptive name or names for the property that may be in common use.
(4) The election must be conducted in conformance with Title 13, chapter 1, part 4.
History: En. Sec. 4, Ch. 347, L. 2011; amd. Sec. 23, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2805. Form of ballot

7-2-2805. Form of ballot.
(1) The ballot containing the question of whether or not to change the boundaries of adjoining counties must include the legal description of the proposed boundary change, together with any descriptive name or names for the property that may be in common use.
(2) The question must be in a form similar to the following:
☐ FOR changing the boundary between ....... (County) and ....... (County) by moving the boundary and the property described from ....... (County) to ....... (County).
☐ AGAINST changing the boundary between ....... (County) and ....... (County) by moving the boundary and the property described from ....... (County) to ....... (County).
(3) The language on the ballot must be the same in each adjoining county in which the election is held.
History: En. Sec. 5, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2806. Effect of election -- resolution by boards of county commissioners

7-2-2806. Effect of election -- resolution by boards of county commissioners.
If, upon the canvass of votes cast at the election, more than 50% of the votes cast in each adjoining county approve the proposed boundary change, then the boards of county commissioners in the adjoining counties shall, by resolution, declare the boundary to be changed as of January 1 of the year that begins at least 13 months after the date the election is held and shall direct the transfer of all certified copies of property records and other records to the appropriate county to be completed by the date the boundary change becomes effective. The resolution must include the legal description of the new boundaries of each county.
History: En. Sec. 6, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2807. Transfer of certified copies -- costs to be reimbursed -- tax levy authorized

7-2-2807. Transfer of certified copies -- costs to be reimbursed -- tax levy authorized.
(1) Upon a resolution adopted as provided in 7-2-2806, the county clerk in the county from which property will be transferred shall prepare certified copies of the indexes to recorded documents maintained by the county clerk pursuant to 7-4-2619.
(2) (a) The clerk shall contract with a land title company that maintains a geographical tract index of the recorded documents in the county to prepare an abstract of the property to be transferred. The abstract must include deeds, mortgages, assignments of mortgages, leases, mining claims, and any other documents recorded from the date that the county was created to the date of the boundary change implementation as provided in 7-2-2806.
(b) The land title company with which the clerk contracts must be a member in good standing of the Montana land title association.
(3) The clerk shall certify each copy of the recorded documents included in the abstract and shall transfer all copies of indexes and recorded documents certified pursuant to this section to the county clerk of the county to which the property will be transferred. The clerk of the county to which the property will be transferred shall record the documents pursuant to 7-4-2617 and shall maintain an index of the documents pursuant to 7-4-2619.
(4) Actual or customary costs incurred by a county in complying with subsections (1) through (3) must be reimbursed to the county from which certified copies are transferred. Subject to 15-10-420, the county to which records are transferred may levy a property tax against the property that has been transferred in the amount necessary to reimburse the county that incurred the costs. The property tax levied as provided in this subsection may be collected over a period of up to 5 years.
History: En. Sec. 7, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2808. Notification of boundary change -- certification of taxable value -- indebtedness

7-2-2808. Notification of boundary change -- certification of taxable value -- indebtedness.
(1) Upon implementation of a boundary change under this part, the county clerk and recorders in the adjoining counties where the boundary was changed shall notify the department of administration, the department of revenue, and the secretary of state of the boundary change.
(2) The department of revenue shall certify to each adjoining county the total taxable value within each county for the year following implementation of the boundary change accounting for the transfer of the property.
(3) The provisions of 7-2-102 apply to a boundary change implemented as provided in this part.
History: En. Sec. 8, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 28. Alteration of County Boundaries for Public Safety › 7-2-2809. Effect on school districts

7-2-2809. Effect on school districts.
Relocation of property from one county to another under this part does not affect school district boundaries, the operation of a school district, or the county in which the district was located before the boundary was changed.
History: En. Sec. 9, Ch. 347, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4101. Petition to organize city or town

7-2-4101. Petition to organize city or town.
(1) Whenever the inhabitants of any part of a county desire to organize as a city or town, the inhabitants may apply by petition, signed by not less than 300 registered electors or two-thirds of the registered electors, whichever is less, who are residents of the state and residing within the limits of the proposed city or town, to the board of county commissioners of the county in which the proposed area is situated.
(2) (a) The petition must describe the limits of the proposed city or town and wards of the proposed city or town. A proposed ward must contain 50 or more registered electors and must have at least 200 inhabitants for each square mile of land area.
(b) The proposed city or town must contain a post office, contract postal unit, or other similar unit operated by or under contract with the United States postal service within the proposed area of the city or town.
(c) Land used for production agriculture in tracts larger than 160 acres and land and facilities used for electric power generation, refining, or smelting may not be included in a proposed city or town without the written consent of the owners of the land.
(d) The petitioners shall attach to the petition a map of the proposed area to be incorporated and state the name of the proposed city or town.
(3) The petition and map must be filed in the office of the election administrator.
History: En. Sec. 315, 5th Div. Comp. Stat. 1887; re-en. Sec. 4720, Pol. C. 1895; re-en. Sec. 3208, Rev. C. 1907; amd. Sec. 1, Ch. 56, L. 1909; re-en. Sec. 4961, R.C.M. 1921; re-en. Sec. 4961, R.C.M. 1935; amd. Sec. 1, Ch. 86, L. 1973; amd. Sec. 1, Ch. 515, L. 1973; R.C.M. 1947, 11-203(part); amd. Sec. 289, Ch. 571, L. 1979; amd. Sec. 1, Ch. 255, L. 1981; amd. Sec. 1, Ch. 274, L. 2007; amd. Sec. 1, Ch. 90, L. 2011; amd. Sec. 1, Ch. 177, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4102. Census of proposed municipality

7-2-4102. Census of proposed municipality.
Upon filing the petition, the board of county commissioners, at its next regular or special meeting, must appoint some suitable person to take a house-to-house census of the residents of the territory to be incorporated. After taking the census, the person appointed to take the same must return the list to the board, and the same must be filed by it in the county clerk's office.
History: En. Sec. 315, 5th Div. Comp. Stat. 1887; re-en. Sec. 4720, Pol. C. 1895; re-en. Sec. 3208, Rev. C. 1907; amd. Sec. 1, Ch. 56, L. 1909; re-en. Sec. 4961, R.C.M. 1921; re-en. Sec. 4961, R.C.M. 1935; amd. Sec. 1, Ch. 86, L. 1973; amd. Sec. 1, Ch. 515, L. 1973; R.C.M. 1947, 11-203(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4103. Prerequisites to organization of municipality

7-2-4103. Prerequisites to organization of municipality.
No municipal corporation may be formed unless:
(1) (a) the number of inhabitants is 300 or upwards; or
(b) the community was a townsite owned and built by the U.S. government prior to April 3, 1981; and
(2) the boundary of the proposed territory to be incorporated is more than 3 miles from the boundary, measured from the nearest point between the two, of any presently incorporated city or town or there is presented to the board appropriate evidence that any presently incorporated city or town within 3 miles which legally could annex has refused to annex the proposed territory.
History: En. Sec. 315, 5th Div. Comp. Stat. 1887; re-en. Sec. 4720, Pol. C. 1895; re-en. Sec. 3208, Rev. C. 1907; amd. Sec. 1, Ch. 56, L. 1909; re-en. Sec. 4961, R.C.M. 1921; re-en. Sec. 4961, R.C.M. 1935; amd. Sec. 1, Ch. 86, L. 1973; amd. Sec. 1, Ch. 515, L. 1973; R.C.M. 1947, 11-203(part); amd. Sec. 2, Ch. 255, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4104. Election on question of organization

7-2-4104. Election on question of organization.
(1) After filing the petition and census, if there is the requisite number of inhabitants for the formation of a municipal corporation as required in 7-2-4103, the county commissioners shall call an election for all the registered electors residing in the territory described in the petition.
(2) The election must be held at a convenient place within the territory described in the petition, to be designated by the board. The election must be conducted in accordance with Title 13, chapter 1, part 4.
(3) The ballots used at the election must contain the words "For incorporation" or "Against incorporation".
History: En. Sec. 316, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re-en. Sec. 4721, Pol. C. 1895; re-en. Sec. 3209, Rev. C. 1907; re-en. Sec. 4962, R.C.M. 1921; re-en. Sec. 4962, R.C.M. 1935; R.C.M. 1947, 11-204(part); amd. Sec. 290, Ch. 571, L. 1979; amd. Sec. 4, Ch. 387, L. 1995; amd. Sec. 24, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4105. Repealed

7-2-4105. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 316, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re-en. Sec. 4721, Pol. C. 1895; re-en. Sec. 3209, Rev. C. 1907; re-en. Sec. 4962, R.C.M. 1921; re-en. Sec. 4962, R.C.M. 1935; R.C.M. 1947, 11-204(part); amd. Sec. 291, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4106. Election for officers -- special provisions for first election of officers

7-2-4106. Election for officers -- special provisions for first election of officers.
(1) When the incorporation of a city or town is completed, the board of county commissioners shall give notice as prescribed in 13-1-108 of an election of officers.
(2) For the first election of officers, a primary election may not be held. The election must be conducted in accordance with Title 13, chapter 1, part 4. For each subsequent election of officers, the election must be conducted in accordance with Title 13 provisions applicable to primary and general elections.
(3) At an election for officers, all of the electors qualified by the general election laws of the state who have resided within the limits of the city or town for 6 months and within the limits of the ward for 30 days preceding the election are qualified electors and may choose officers for the city or town, to hold office as prescribed in 7-2-4107.
(4) The offices filled in the first election for officers may be occupied only until the next general election for those offices.
History: En. Sec. 318, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re-en. Secs. 4722, 4723, Pol. C. 1895; re-en. Secs. 3210, 3211, Rev. C. 1907; re-en. Secs. 4963, 4964, R.C.M. 1921; re-en. Secs. 4963, 4964, R.C.M. 1935; R.C.M. 1947, 11-205, 11-206(part); amd. Sec. 292, Ch. 571, L. 1979; amd. Sec. 5, Ch. 387, L. 1995; amd. Sec. 1, Ch. 162, L. 1999; amd. Sec. 25, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4107. Officers elected at first election

7-2-4107. Officers elected at first election.
(1) At the election provided for in 7-2-4106, there must be elected:
(a) in a city of the first class, a mayor, a city judge, a city attorney, a city treasurer, a city marshal, and two city council members from each ward into which the city is divided;
(b) in a city of the second class, a mayor, a city judge, a city treasurer, a city marshal, and two city council members from each ward;
(c) in a town, a mayor and two city council members from each ward.
(2) Those elected hold office until the first Monday of January after the first annual election and until their successors are elected and qualified. The persons elected shall qualify in the manner prescribed by law for county officers.
History: En. Sec. 318, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re-en. Sec. 4723, Pol. C. 1895; re-en. Sec. 3211, Rev. C. 1907; re-en. Sec. 4964, R.C.M. 1921; re-en. Sec. 4964, R.C.M. 1935; R.C.M. 1947, 11-206(part); amd. Sec. 380, Ch. 571, L. 1979; amd. Sec. 288, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 41. Organization and Incorporation of New Municipalities › 7-2-4111. Tax base -- maintenance agreements

7-2-4111. Tax base -- maintenance agreements.
When a city or town is incorporated, a county may, subject to 15-10-420, retain the property within the city or town as a part of the tax base of the county for purposes of levying taxes against the property for the maintenance of property within the city or town until the city or town imposes and collects a levy for maintenance of the property for which the county mill levy is imposed. The city or town and the county may enter into an agreement for maintenance of property pending an election on a city or town levy.
History: En. Sec. 1, Ch. 353, L. 1999; amd. Sec. 10, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4201. Additions to municipalities

7-2-4201. Additions to municipalities.
Whenever territory adjoining any incorporated city or town is surveyed and laid off into streets or blocks as an addition thereto, said territory may become a part of such city or town:
(1) upon filing the map or plat thereof in the office of the county clerk; and
(2) upon the approval of the mayor and a majority of the council endorsed thereon.
History: En. Sec. 4724, Pol. C. 1895; re-en. Sec. 3212, Rev. C. 1907; re-en. Sec. 4976, R.C.M. 1921; re-en. Sec. 4976, R.C.M. 1935; R.C.M. 1947, 11-401.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4202. Control of additions

7-2-4202. Control of additions.
The council has control of all such additions.
History: En. Sec. 4725, Pol. C. 1895; re-en. Sec. 3213, Rev. C. 1907; re-en. Sec. 4977, R.C.M. 1921; re-en. Sec. 4977, R.C.M. 1935; R.C.M. 1947, 11-402(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4203. Imposition of conditions for approval of addition

7-2-4203. Imposition of conditions for approval of addition.
(1) The council has power by ordinance to compel the owners of these additions to lay out streets, avenues, and alleys that correspond in width and direction and are continuations of the streets, avenues, and alleys in the city or town or in the addition contiguous to or near the proposed addition.
(2) The owner of any addition has no rights or privileges unless the owner complies with the terms and conditions of the ordinance and the plat has been submitted to, approved by, and endorsed by the mayor and council.
(3) The council may not compel the owner of an addition to:
(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.
(4) A dedication of real property as prohibited in subsection (3)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
History: En. Sec. 4725, Pol. C. 1895; re-en. Sec. 3213, Rev. C. 1907; re-en. Sec. 4977, R.C.M. 1921; re-en. Sec. 4977, R.C.M. 1935; R.C.M. 1947, 11-402(part); amd. Sec. 3, Ch. 249, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4204. Applicability of part

7-2-4204. 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. 1, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4205. Provision of services

7-2-4205. 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. 1, Ch. 447, L. 1981; amd. Sec. 1, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4208. Annexation across county boundaries

7-2-4208. Annexation across county boundaries.
(1) Except as provided in subsection (2), in all instances of annexation allowed under parts 42 through 47 of this chapter, a municipal governing body may not annex territory in a county that is different from the county in which the municipality is located.
(2) Annexation by a municipality of territory in a county that is different from the county in which the municipality is located may occur only if the municipality and the county execute an interlocal agreement that provides for a joint city-county planning board and jurisdictional equality.
History: En. Sec. 1, Ch. 296, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 42. Addition to Municipalities › 7-2-4210. When land conclusively presumed to be annexed

7-2-4210. 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 42. Addition to Municipalities › 7-2-4211. Inclusion of roads, rights-of-way, and parks in annexation

7-2-4211. Inclusion of roads, rights-of-way, and parks in annexation.
(1) In all instances of annexation allowed under parts 42 through 47 of this chapter, the municipality shall include:
(a) as allowed in 7-16-2324, parks created pursuant to Title 76, chapter 3, unless expressly excluded from annexation by a county, that are wholly surrounded by other property being or already annexed;
(b) the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed; and
(c) public infrastructure and associated public land and easements, including any infrastructure installed under public streets or roadways that are wholly surrounded by other property being or already annexed or within any public streets or roads, including the rights-of-way, that are within or adjacent to property being annexed unless expressly excluded from annexation by a county.
(2) As used in this section, "public infrastructure" means infrastructure owned, operated, and managed by a county or municipality, including drinking water systems, storm water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, streets, and bridges.
History: En. Sec. 1, Ch. 334, L. 2003; amd. Sec. 1, Ch. 158, L. 2015; amd. Sec. 1, Ch. 350, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4301. What constitutes contiguous lands

7-2-4301. 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 43. Annexation of Contiguous Land › 7-2-4302. Annexation of contiguous municipalities

7-2-4302. Annexation of contiguous municipalities.
(1) When a city or town desires to be annexed to a contiguous city or town, the council of each thereof must appoint three commissioners to arrange and report to the municipal authorities, respectively, the terms and conditions on which the annexation can be made.
(2) If the city or town council of the municipal corporation to be annexed approves of the terms thereof, it must by ordinance so declare and thereupon submit the question of annexation to the electors of the respective cities or towns. If a majority of the electors vote in favor of annexation, the council must so declare and a certified copy of the proceedings for annexation and of the ordinances must be filed with the clerk of the county in which the cities or towns so annexed are situated.
(3) When the copy of the proceedings and the ordinances is filed, the annexation is complete and the city or town to which the annexation is made has power, in addition to other powers conferred by this title, to pass all necessary ordinances to carry into effect the terms of the annexation.
(4) Such annexations do not affect or impair any rights, obligations, or liabilities then existing for or against either of such cities or towns.
History: En. Sec. 322, 5th Div. Comp. Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; re-en. Sec. 3215, Rev. C. 1907; re-en. Sec. 4979, R.C.M. 1921; re-en. Sec. 4979, R.C.M. 1935; R.C.M. 1947, 11-405.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4303. Restrictions on annexation power

7-2-4303. Restrictions on annexation power.
Except as provided in 7-2-4314(1)(d), land used for industrial, railroad, or manufacturing purposes may not be included in a city or town under the provisions of 7-2-4311 through 7-2-4314 and 7-2-4325 without the written consent of the owners of the land.
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. 1, 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 › 7-2-4304. Applicability of part

7-2-4304. 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. 2, Ch. 130, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4305. Provision of services

7-2-4305. 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. 2, Ch. 447, L. 1981; amd. Sec. 2, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4311. Annexation of contiguous land by cities or towns

7-2-4311. Annexation of contiguous land by cities or towns.
Any tracts or parcels of land that have been or may be platted into lots or blocks, streets, and alleys or platted for parks, the map or plat of which is filed in the office of the county clerk and recorder of the county in which the tracts or parcels of land are situated, or any unplatted land that has been surveyed and for which a certificate of survey has been filed, as provided by law, if the platted or unplatted land is contiguous to any incorporated city or town, may be embraced within the corporate limits of the city or town, and the boundaries of the city or town may be extended to include the platted or unplatted land in the manner provided in 7-2-4312 through 7-2-4314 and 7-2-4325.
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. 2, 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 › 7-2-4312. Resolution of intent by city or town -- notice

7-2-4312. Resolution of intent by city or town -- notice.
When, in the judgment of any city or town council, expressed by a resolution that is passed and adopted, it is in the best interest of the city or town and the inhabitants of any contiguous platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed that the boundaries of the city or town be extended to include the platted tracts or parcels of land or unplatted land within the corporate limits of the city or town, the city or town clerk shall:
(1) immediately notify, in writing, all registered voters in the territory to be embraced; and
(2) publish a notice as provided in 7-1-4127.
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. 2, Ch. 526, L. 1983; amd. Sec. 3, Ch. 485, L. 1997; amd. Sec. 8, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4313. Contents of notice -- protest period

7-2-4313. Contents of notice -- protest period.
The notice under 7-2-4312 must state that:
(1) the resolution has been passed; and
(2) for a period of 20 days after the first publication of the notice, the city or town clerk shall accept written comments approving or disapproving the proposed extensions of the boundaries of the city or town from registered voters residing in the area proposed 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. 3, Ch. 66, L. 1995; amd. Sec. 4, 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 › 7-2-4314. Hearing on question of annexation -- election on annexation -- resolution of annexation

7-2-4314. Hearing on question of annexation -- election on annexation -- resolution of annexation.
(1) (a) The city or town clerk shall, at the next regular meeting of the city or town council after the expiration of the 20-day period provided for in 7-2-4313, forward all written communication received by the clerk for the city or town council's consideration.
(b) Except as provided in subsection (1)(d), if the city or town council, after considering all written communication, adopts a resolution approving the annexation, the implementation of the resolution must be approved by the vote of the registered voters residing in the area proposed for annexation. The resolution must state the date on which the proposed annexation is intended to take effect.
(c) Except as provided in subsection (1)(d), no sooner than 85 days after adopting the resolution for annexation, the city or town council shall submit the question of approving the resolution to the registered voters residing in the area proposed for annexation. A notice of election must be mailed to all registered voters residing in the area proposed for annexation.
(d) If the area to be annexed contains fewer than 300 recorded parcels, the city or town council, after considering all written communication, may adopt a resolution approving the annexation without an election and the boundaries of the city or town must be extended to include the platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed. An area annexed pursuant to this subsection may include land used for railroad purposes. However, a city or town council may not annex by resolution an area containing fewer than 300 recorded parcels if the resolution is disapproved in writing by a majority of real property owners of the area proposed to be annexed. If the resolution is disapproved by a majority of the landowners, the city or town council may not on its own initiative propose further resolutions relating to the annexation of the area or any portion of the area, without petition, for a period of 1 year.
(2) If a resolution subject to approval at an election pursuant to subsections (1)(b) and (1)(c) is not approved by voters, further resolutions relating to the annexation of the area or any portion of the area may not be considered or acted on by the council on its own initiative, without petition, for a period of 5 years from the date of the election.
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. 4, Ch. 66, L. 1995; amd. Sec. 5, Ch. 485, L. 1997; amd. Sec. 26, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4321. Repealed

7-2-4321. Repealed.
Sec. 11, Ch. 485, L. 1997.
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. 1, Ch. 320, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4322. Repealed

7-2-4322. Repealed.
Sec. 11, Ch. 485, L. 1997.
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 43. Annexation of Contiguous Land › 7-2-4323. Repealed

7-2-4323. Repealed.
Sec. 11, Ch. 485, L. 1997.
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. 5, Ch. 66, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 43. Annexation of Contiguous Land › 7-2-4324. Repealed

7-2-4324. Repealed.
Sec. 11, Ch. 485, L. 1997.
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. 6, Ch. 66, L. 1995.