reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-350. Judgment on dismissal of proceedings -- assessment of costs

85-8-350. Judgment on dismissal of proceedings -- assessment of costs.
(1) In case the petition or proceedings are dismissed as provided in 85-8-327, a judgment shall be entered for the costs, expenses, and liabilities incurred in said proceedings against the petitioners and in favor of the commissioners, but for the benefit of those who have rendered services or advanced money in the prosecution of said proceedings or have recovered costs on successful contests therein.
(2) In case the proceedings are dismissed at any time or the district is discontinued for any cause subsequent to the time provided in 85-8-327, a judgment shall be entered directing the commissioners of the district to assess the costs, expenses, and liabilities incurred in said proceedings, up to and including the time of such dismissal and discontinuation, on an acreage basis against the lands in said district, which assessment shall be a lien upon said lands from the date of said judgment superior to the lien of any other judgment, mortgage, or construction lien against said lands. Said assessment shall be verified by the commissioners of the district the same as assessments to pay costs of construction. Such assessments shall be spread upon the tax rolls of the counties in which said district is situated and shall be collected by the county treasurers of such counties the same as assessments to pay costs of construction are collected. Such assessments shall be payable on or before November 30 following the date upon which they are so spread upon the assessment roll of such counties. The money so collected shall be paid out upon warrants issued by the commissioners of the district to those who have rendered service or advanced money in connection with said district or have recovered costs on successful contests therein. Should such assessment, for any cause, be not sufficient for all such costs, expenses, and liabilities, then additional assessments shall be made and collected in like manner until sufficient funds have been raised to pay all such costs, expenses, and liabilities.
History: En. Sec. 58, Ch. 129, L. 1921; re-en. Sec. 7322, R.C.M. 1921; amd. Sec. 3, Ch. 169, L. 1929; re-en. Sec. 7322, R.C.M. 1935; R.C.M. 1947, 89-2345; amd. Sec. 149, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-351. Statement of costs before entry of judgment

85-8-351. Statement of costs before entry of judgment.
Before any such judgment is entered, said commissioners shall file with the clerk of the district court in which said proceedings were instituted an itemized statement of such costs and expenses, duly verified, upon which an order shall issue requiring said petitioners or landowners to show cause before said court, at a time and place named, why judgment should not be entered against said petitioners or landowners for the amount of said costs and expenses. Notice of the hearing of said order to show cause shall be given to said petitioners or landowners by mailing to each a copy thereof, to their last-known post-office address, at least 20 days prior to the time set for hearing and by publication of the same in one or more newspapers published in the county where the proceedings are pending at least 3 successive weeks prior to the day set for such hearing. Said notice need not contain an itemized statement of said account.
History: En. Sec. 59, Ch. 129, L. 1921; re-en. Sec. 7323, R.C.M. 1921; amd. Sec. 4, Ch. 169, L. 1929; re-en. Sec. 7323, R.C.M. 1935; R.C.M. 1947, 89-2346.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-352. Contribution among petitioners

85-8-352. Contribution among petitioners.
All petitioners shall, among themselves, contribute to the payment of said judgment in proportion to the number of acres of land they have within the boundaries of the proposed district at the time of filing of said petition.
History: En. Sec. 60, Ch. 129, L. 1921; re-en. Sec. 7324, R.C.M. 1921; re-en. Sec. 7324, R.C.M. 1935; R.C.M. 1947, 89-2347.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-361. Contracts

85-8-361. Contracts.
In all cases when the work to be done at any one time under the direction of the commissioners will, in their opinion, cost more than $15,000, the work must be awarded to the lowest responsible bidder. The commissioners shall advertise for sealed bids, by notice published in a newspaper published in the county in which the petition is filed, and may advertise in one or more newspapers published elsewhere. If there is no newspaper published in the county in which the petition is filed, the commissioners shall advertise in a newspaper published in an adjoining county. The notice must specify the time and place when and where the bids advertised will be opened, the kind of work to be contracted for, and the terms of payment. The commissioners may award contracts if in their judgment the contracts are necessary and shall reserve the right to reject any and all bids.
History: En. Sec. 81, Ch. 129, L. 1921; re-en. Sec. 7345, R.C.M. 1921; re-en. Sec. 7345, R.C.M. 1935; R.C.M. 1947, 89-2801; amd. Sec. 1, Ch. 96, L. 1999; amd. Sec. 1, Ch. 79, L. 2013.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-362. Interest of commissioners in contracts forbidden

85-8-362. Interest of commissioners in contracts forbidden.
The commissioners may not, during their term of office, be interested, directly or indirectly, in any contract for the construction of any drain, ditch, levee, or other work in the drainage district, in the sale of materials for the drainage district, or in the wages of or supplies for personnel or teams employed on any construction work in the district.
History: En. Sec. 82, Ch. 129, L. 1921; re-en. Sec. 7346, R.C.M. 1921; re-en. Sec. 7346, R.C.M. 1935; R.C.M. 1947, 89-2802; amd. Sec. 2812, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-363. Commissioners' right of entry

85-8-363. Commissioners' right of entry.
The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any drain, ditch, levee, or embankment in their district to inspect, deepen, widen, and repair the same, whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.
History: En. Sec. 70, Ch. 129, L. 1921; re-en. Sec. 7334, R.C.M. 1921; re-en. Sec. 7334, R.C.M. 1935; R.C.M. 1947, 89-2406.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-364. Payment or tender of damages

85-8-364. Payment or tender of damages.
(1) The damages allowed to the owners of lands must be paid or tendered before the commissioners are authorized to enter upon the lands (for damage to which the award is made) for the construction of any proposed drains, ditches, or levees. If the owner is unknown, if there is a contest in regard to the ownership of the land, if the owner will not receive payment, if there exists a mortgage or other lien against the land, or if the commissioners cannot for any other reason pay the owner, they may deposit the damages with the clerk of court for the benefit of the owner or parties interested, to be paid or distributed as the court shall direct . The deposit has the same effect as the tender to and acceptance of the damages awarded by the owner of the land.
(2) This section does not prevent the commissioners or their agents, servants, and employees from going upon the lands to do any and all work found necessary prior to making their assessment of benefits and award of damages and the trial on their report of the benefits and damages.
History: En. Sec. 83, Ch. 129, L. 1921; re-en. Sec. 7347, R.C.M. 1921; re-en. Sec. 7347, R.C.M. 1935; R.C.M. 1947, 89-2803; amd. Sec. 2813, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-365. Location of drains

85-8-365. Location of drains.
When practicable, said drains provided for herein shall be laid out and constructed on the side of public highways or along natural watercourses.
History: En. Sec. 84, Ch. 129, L. 1921; re-en. Sec. 7348, R.C.M. 1921; re-en. Sec. 7348, R.C.M. 1935; R.C.M. 1947, 89-2804.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-366. Drains on railroad lands

85-8-366. Drains on railroad lands.
(1) Said commissioners shall have the right to lay out and construct all necessary drains, ditches, and levees across any railway right-of-way or yards in their district. Any railway company whose right-of-way or yards cross the line of any proposed drain, ditch, or levee shall open its right-of-way or yards and permit such drain, ditch, or levee to cross the same as soon as said drain, ditch, or levee is constructed to such right-of-way.
(2) Every drainage district shall be liable to the railway company whose right-of-way or yard any of its drains, ditches, or levees cross for the reasonable cost of the culverts and bridges made necessary by said drain, ditch, or levee crossing said right-of-way or yards but not of more expensive character than the average other culverts and bridges on said division of railway crossing streams or ditches of approximately the same width and depth and within 100 miles of said district ditches.
(3) Upon receiving 15 days' notice in writing, any railway company in whose right-of-way or yard any such drain, ditch, or levee is laid out shall open its right-of-way or yards and permit said commissioners and their contractors, agents, and employees to construct said drain, ditch, or levee or to repair, maintain, or clean out same across said right-of-way or yards. For every day after the end of said 15 days that said railroad company fails to open its said right-of-way or yard, as hereinbefore required, it shall forfeit $25 to said drainage district, to be collected in an action, as other forfeitures are collected, or set off against any damages that have been awarded to such company. If said railway company fails to open its right-of-way or yard along the line of said drainage district, drain, ditch, or levee, the commissioners may, at any time after the expiration of said 15 days, open such right-of-way and yard along the line of said drains, ditches, and levees and construct the same.
History: En. Secs. 71, 72, 73, Ch. 129, L. 1921; re-en. Secs. 7335, 7336, 7337, R.C.M. 1921; re-en. Secs. 7335, 7336, 7337, R.C.M. 1935; R.C.M. 1947, 89-2407, 89-2408, 89-2409.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-367. Commissioners' powers during emergency

85-8-367. Commissioners' powers during emergency.
Commissioners having charge of any completed drain, ditch, levee, or other work constructed under any drainage law of the state of Montana, whether now in force or repealed, shall be authorized, in the case of an emergency, to make such repairs as may be necessary for the preservation and protection of the work under their control.
History: En. Sec. 63, Ch. 129, L. 1921; re-en. Sec. 7327, R.C.M. 1921; amd. Sec. 5, Ch. 169, L. 1929; amd. Sec. 1, Ch. 97, L. 1931; re-en. Sec. 7327, R.C.M. 1935; R.C.M. 1947, 89-2350(part).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 3. Organization and Operation › 85-8-368. Annual report -- objections

85-8-368. Annual report -- objections.
(1) The commissioners shall, on or before the first Tuesday of March of each year, file with the clerk of court having jurisdiction a report in which they shall specify in detail:
(a) the emergency repairs which they have made during the preceding year;
(b) the labor and repairs then necessary to the preservation and protection of the work under their control;
(c) the places where such labor and repairs are especially needed;
(d) the amount of the outstanding indebtedness of the district; and
(e) the sum to be assessed against each tract, lot, easement, or corporation to pay all emergency repairs theretofore done, necessary labor and repairs to be done during the ensuing year, maintenance, incidental expenses, and interest on and principal of all outstanding indebtedness.
(2) No notice of the filing of such report shall be necessary. All such assessments shall be apportioned on the last assessment roll of drain districts or on the last assessments in drainage districts confirmed by the court having jurisdiction thereof.
(3) Within 30 days after filing such annual report, at a time and place to be fixed by the court or presiding judge, the court or presiding judge shall examine said report, hear all objections to the same, fix and determine the amount of such assessments, and cause such adjudication to be entered of record in said court and a certified copy of the same to be delivered to said commissioners.
History: (1), (2)En. Sec. 63, Ch. 129, L. 1921; re-en. Sec. 7327, R.C.M. 1921; amd. Sec. 5, Ch. 169, L. 1929; amd. Sec. 1, Ch. 97, L. 1931; re-en. Sec. 7327, R.C.M. 1935; Sec. 89-2350, R.C.M. 1947; (3)En. Sec. 64, Ch. 129, L. 1921; re-en. Sec. 7328, R.C.M. 1921; re-en. Sec. 7328, R.C.M. 1935; Sec. 89-2351, R.C.M. 1947; R.C.M. 1947, 89-2350(part), 89-2351.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-401. Alterations or additions to district -- petition required

85-8-401. Alterations or additions to district -- petition required.
(1) Whenever, in the judgment of the commissioners of any drain district or drainage district, it is necessary or will be beneficial to such district to make any alteration and/or any addition to the drainage system of such district, they shall file a petition with the clerk of the court having jurisdiction of such district, in which shall be stated:
(a) the proposed alteration of and/or the proposed addition to the drainage system of said district;
(b) the necessity therefor; and
(c) the probable cost of making such alteration and/or addition.
(2) Whenever such commissioners shall fail or refuse to file such petition or in event any landowners desire to file such petition, such petition may be filed by such landowners, provided the same be signed by the owners of at least 40% in area of the lands in said district.
History: En. Sec. 7364C by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.3, R.C.M. 1935; amd. Sec. 1, Ch. 70, L. 1953; R.C.M. 1947, 89-2702.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-402. Hearing -- notice and service

85-8-402. Hearing -- notice and service.
Upon the filing of a petition under 85-8-401, a judge of the district court shall set the petition for hearing and direct the clerk of court to give notice of the hearing. The notice must contain a concise statement of the proposed alteration or addition and the estimated cost of the alteration or addition. The notice must be served and published at least 20 days before the date fixed for the hearing. Service of the notice must be made by certified mail, addressed to each landowner and corporation that may be liable for the payment of any portion of the cost of making the alteration or addition, at the landowner's or corporation's post-office address, if the address can be ascertained by the exercise of due diligence. The notice must be published once a week for 20 days prior to the date of the hearing in a newspaper, to be designated in the order fixing the date for the hearing, published in the county where the court is held. However, if all interested landowners and corporations are served, the notice need not be published.
History: En. Sec. 7364D by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.4, R.C.M. 1935; R.C.M. 1947, 89-2703; amd. Sec. 2814, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-403. Court order -- dismissal of petition

85-8-403. Court order -- dismissal of petition.
(1) A landowner or corporation may, at any time prior to 5 days before the date fixed for the hearing under 85-8-402, file objections to the petition. A copy of the objections must be delivered to the attorney for the commissioners, if they have an attorney of record, or to the presiding officer of the board of commissioners of the district, if there is no attorney of record, prior to filing the original objections with the clerk of court.
(2) If objections are made and filed by the owners of at least 75% in area of the lands in the district, the petition must be dismissed and further proceedings may not be taken. If the owners of less than 75% in area of the lands in the district object to the petition, then, on the date fixed for hearing or upon any day to which the hearing may be adjourned, the court having jurisdiction will hear testimony in support of and in opposition to the petition.
(3) After the hearing, the court shall determine whether the proposed alteration or addition is necessary and whether it will be beneficial to the district and improve the drainage system of the district and shall either approve or deny the petition or modify and change the proposed alteration or addition. If the court approves the petition or modifies and changes the alteration or addition proposed, the court shall by order direct the commissioners to proceed with the work with all convenient speed.
(4) As far as possible, the hearing must be conducted as other hearings and trials in the district courts of the state of Montana, and the laws of the state of Montana with reference to hearings and trials, as far as applicable, govern in the conduct of the hearings.
History: En. Sec. 7364E by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.5, R.C.M. 1935; amd. Sec. 2, Ch. 70, L. 1953; R.C.M. 1947, 89-2704; amd. Sec. 2815, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-404. Appeals and assessments

85-8-404. Appeals and assessments.
A party interested in the hearing under 85-8-402 who is aggrieved by the order of the court may appeal from the order to the supreme court of Montana within 30 days after the entry of the order. If an appeal is not taken within the time limit, the order of the court made upon the hearing is final and conclusive. If alterations or additions are authorized by the order, the alterations or additions must be made by the commissioners of the district and the cost apportioned in accordance with the last assessment roll of the drain district or in accordance with the last assessments of the drainage district confirmed by the court.
History: En. Sec. 7364F by Sec. 2, Ch. 97, L. 1931; re-en. Sec. 7364.6, R.C.M. 1935; R.C.M. 1947, 89-2705; amd. Sec. 2816, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-405. Exclusion of lands from district

85-8-405. Exclusion of lands from district.
Any lands within a drainage district, which district is not bonded or indebted and which lands have not been and will not in the future be benefited by the drainage system of the district and which lands do not contribute water to seep other lands in the district, may be excluded or eliminated from said district by an order of the district court of the county wherein the said lands are situate upon the proceedings hereinafter set forth being had.
History: En. Sec. 1, Ch. 155, L. 1941; R.C.M. 1947, 89-2706.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-406. Court action -- parties

85-8-406. Court action -- parties.
An action for the exclusion of lands from any such drainage district may be brought in the district court of the county wherein said lands are situated by the owner or owners in fee of said lands, who shall be designated as the plaintiff or plaintiffs, and in said action the members of the board of drainage commissioners of said drainage district shall be made defendants.
History: En. Sec. 2, Ch. 155, L. 1941; amd. Sec. 1, Ch. 196, L. 1943; R.C.M. 1947, 89-2707.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-407. Complaint required -- contents

85-8-407. Complaint required -- contents.
(1) Said action shall be commenced by filing in the office of the clerk of the district court a complaint which must contain:
(a) the title of the action, the name of the court and the county in which the action is brought, and the names of the parties to the action;
(b) a statement of the facts constituting the cause of the action, in ordinary and concise language;
(c) a demand for the relief which the plaintiff claims.
(2) The complaint shall be verified in the same manner as complaints in other civil actions.
History: En. Sec. 3, Ch. 155, L. 1941; R.C.M. 1947, 89-2708.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-408. Summons

85-8-408. Summons.
(1) Upon the filing of the complaint the clerk of the court shall issue a summons which shall contain, in addition to the matters specified in Rules 4 and 12(a), Montana Rules of Civil Procedure, a brief statement of the relief demanded and a description of the lands sought to be excluded from the drainage district.
(2) The summons shall be served upon the president and secretary of the board of drainage commissioners, and such service shall be deemed as service upon the drainage district.
History: (1)En. Sec. 4, Ch. 155, L. 1941; Sec. 89-2709, R.C.M. 1947; (2)En. Sec. 5, Ch. 155, L. 1941; amd. Sec. 2, Ch. 196, L. 1943; Sec. 89-2710, R.C.M. 1947; R.C.M. 1947, 89-2709, 89-2710.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-409. Rules of practice applicable

85-8-409. Rules of practice applicable.
The same rules relative to the filing of answers and replies relative to other causes of action affecting the title to real property shall apply in actions to exclude lands from a drainage district, and all issues arising may be tried by the court without a jury.
History: En. Sec. 6, Ch. 155, L. 1941; amd. Sec. 45, Ch. 460, L. 1977; R.C.M. 1947, 89-2711.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-410. Court order excluding lands

85-8-410. Court order excluding lands.
If the issue shall be found in favor of the plaintiff, the court may make its order describing the lands to be excluded from the district, and a certified copy of the same shall be filed in the office of the county recorder of the county wherein the lands are situate. From and after the date of such order the lands shall no longer be liable for any assessment levied by the district against the lands excluded.
History: En. Sec. 7, Ch. 155, L. 1941; R.C.M. 1947, 89-2712.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-411. Appeals

85-8-411. Appeals.
Appeals may be taken from the orders and judgments of the district court to the supreme court of the state of Montana in the same manner as appeals in other causes of action affecting the title to real property.
History: En. Sec. 8, Ch. 155, L. 1941; R.C.M. 1947, 89-2713.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-421. Procedure to bring other drained lands into district

85-8-421. Procedure to bring other drained lands into district.
(1) Whenever any drained lands outside a drainage district are receiving the benefits of the drains of said district, by direct or indirect, natural or artificial connection therewith, the commissioners of said district may report said facts to the court and ask that said lands, describing them, be brought into said district and assessed for the benefits received by them from the drains, ditches, or levees of said district.
(2) Upon the filing of said report, the court shall order the owners of such lands to be notified of the filing of said report and the contents thereof and shall require such owners to show cause at a time and place therein fixed, not less than 20 days thereafter, why their lands should not be brought into said district and assessed for said benefits.
(3) At the time and place fixed for hearing said report, any of said landowners may appear and remonstrate against the confirmation of said report. All remonstrances shall be in writing, verified, and shall set forth the facts on which they are based. All issues arising on said report shall be tried by the court without a jury.
History: En. Secs. 85, 86, 87, Ch. 129, L. 1921; re-en. Secs. 7349, 7350, 7351, R.C.M. 1921; re-en. Secs. 7349, 7350, 7351, R.C.M. 1935; R.C.M. 1947, 89-2805, 89-2806, 89-2807.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-422. Court order for annexation -- appeal

85-8-422. Court order for annexation -- appeal.
(1) If the court shall find that said lands or any of them are receiving the benefits of any such drain, ditch, or levee, the court shall so find in writing and shall order said lands to be annexed to and made a part of said district and benefits to be assessed against the same by the commissioners of said district.
(2) Said order shall be final and conclusive unless appealed from to the supreme court within 30 days from the date of entry thereof.
History: En. Secs. 88, 89, Ch. 129, L. 1921; re-en. Secs. 7352, 7353, R.C.M. 1921; re-en. Secs. 7352, 7353, R.C.M. 1935; R.C.M. 1947, 89-2808, 89-2809.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-423. Assessments against annexed lands

85-8-423. Assessments against annexed lands.
The commissioners shall, after the time for appeal is past, assess against each parcel, tract, and easement of the annexed lands reasonable and just benefits and shall assess against these lands for construction and repairs such sums as are just. If lands similarly situated and benefited are found in the district, the annexed lands shall be assessed a like sum of benefits and damages as the similar lands in the district to which they are sought to be annexed and a sum for construction of the work, which shall be equal to all sums assessed, for the complete construction of the drainage system in the district to which they are sought to be annexed against lands having the same assessment of benefits in the district.
History: En. Sec. 90, Ch. 129, L. 1921; re-en. Sec. 7354, R.C.M. 1921; re-en. Sec. 7354, R.C.M. 1935; amd. Sec. 46, Ch. 460, L. 1977; R.C.M. 1947, 89-2810.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 4. Alteration of District › 85-8-424. Confirmation of commissioners' report of assessments

85-8-424. Confirmation of commissioners' report of assessments.
The commissioners shall file their report and assessments in court. The court shall, by order, require said owners to show cause at a time and place therein fixed, not less than 20 days after the service of said order, why said report and assessments should not be confirmed. On the hearing of said order to show cause, if a jury trial is demanded, the court shall frame issues on benefits and damages and impanel a jury or adjourn the hearing thereon until some term of court when a jury is in attendance and take the verdict of a jury on such issues. All other issues arising on said report shall be tried by the court. The court shall order all necessary amendments of said report and make written findings of fact and, when said report is amended, shall by order confirm the same.
History: En. Sec. 91, Ch. 129, L. 1921; re-en. Sec. 7355, R.C.M. 1921; re-en. Sec. 7355, R.C.M. 1935; R.C.M. 1947, 89-2811.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 5. Bonds and Revenue › 85-8-501. Authority to borrow money and issue notes or bonds

85-8-501. Authority to borrow money and issue notes or bonds.
The commissioners may:
(1) borrow money, not exceeding the amount of assessment for the cost of construction and additional assessments, as provided in 85-8-367 and 85-8-368, unpaid at the time of borrowing, for the construction or repair of any work which they shall be authorized to construct or repair or for the payment of any indebtedness which they may have lawfully incurred; and
(2) issue notes or negotiable coupon bonds on the district, bearing interest, payable semiannually and not running beyond 1 year after the payment of the last installment of the assessment, on account of which money is borrowed, shall fall due.
History: En. Sec. 79, Ch. 129, L. 1921; re-en. Sec. 7343, R.C.M. 1921; re-en. Sec. 7343, R.C.M. 1935; amd. Sec. 13, Ch. 260, L. 1959; amd. Sec. 36, Ch. 234, L. 1971; R.C.M. 1947, 89-2501(1).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 5. Bonds and Revenue › 85-8-502. Resolution for issuance of notes or bonds

85-8-502. Resolution for issuance of notes or bonds.
Before the issuance of said notes or bonds, the commissioners shall pass a resolution providing for the issuance of such notes or bonds. Said resolution shall fix the rate of interest which said notes or bonds shall bear, the time of payment, and, if redeemable before maturity, the date thereof; shall prescribe the denominations, not exceeding $1,000, and form thereof; and may provide that both the principal and interest of said notes and bonds shall be payable at some convenient banking house or trust company's office, to be named in said notes or bonds. Such notes or bonds and the coupons attached thereto shall bear the signatures of the president and the secretary of the drainage district. The corporate seal of the drainage district shall be affixed to each of the notes or bonds.
History: En. Sec. 79, Ch. 129, L. 1921; re-en. Sec. 7343, R.C.M. 1921; re-en. Sec. 7343, R.C.M. 1935; amd. Sec. 13, Ch. 260, L. 1959; amd. Sec. 36, Ch. 234, L. 1971; R.C.M. 1947, 89-2501(2).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 5. Bonds and Revenue › 85-8-503. Sale of notes or bonds

85-8-503. Sale of notes or bonds.
Upon execution, the notes or bonds must be deposited with the county treasurer, who shall register the notes or bonds in a book for that purpose that documents the number and amount of each note or bond, its date, the date payable and redeemable, where payable, and the person to whom issued. Upon sale of the notes or bonds, the county treasurer shall deliver the notes or bonds to the person or persons to whom they were sold, upon the person or persons making payment for the notes or bonds. The notes or bonds may be sold by the commissioners at either public or private sale, either with or without advertisement, if it is considered to be in the best interests of the district. The notes or bonds may not be sold at less than 97% of face value. The notes or bonds may not be held to make the commissioners personally liable but constitute a lien upon the assessments for the repayment of the principal and interest of the notes or bonds.
History: En. Sec. 79, Ch. 129, L. 1921; re-en. Sec. 7343, R.C.M. 1921; re-en. Sec. 7343, R.C.M. 1935; amd. Sec. 13, Ch. 260, L. 1959; amd. Sec. 36, Ch. 234, L. 1971; R.C.M. 1947, 89-2501(3); amd. Sec. 30, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 5. Bonds and Revenue › 85-8-504. Disposition of excess money

85-8-504. Disposition of excess money.
In case any moneys derived from bonds sold to pay for the original construction of said improvement, now or hereafter, remain on hand after the work is completed in original construction and paid for and not raised for damages unpaid for, such residue may be used in the maintenance and repair, as provided in this chapter, before making assessments for such maintenance and repair.
History: En. Sec. 79, Ch. 129, L. 1921; re-en. Sec. 7343, R.C.M. 1921; re-en. Sec. 7343, R.C.M. 1935; amd. Sec. 13, Ch. 260, L. 1959; amd. Sec. 36, Ch. 234, L. 1971; R.C.M. 1947, 89-2501(4).
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 5. Bonds and Revenue › 85-8-505. Refunding indebtedness of district

85-8-505. Refunding indebtedness of district.
The court may, on the petition of the commissioners, authorize them to refund any lawful indebtedness of the district by:
(1) taking up and canceling all of its outstanding notes and bonds, as fast as they become due or before, if the holders thereof will surrender the same; and
(2) issuing in lieu thereof new notes or bonds of such district, payable in such longer time as the court shall deem proper, not to exceed in the aggregate the amount of all notes and bonds of the district then outstanding and the unpaid accrued interest thereon.
History: En. Sec. 80, Ch. 129, L. 1921; re-en. Sec. 7344, R.C.M. 1921; re-en. Sec. 7344, R.C.M. 1935; amd. Sec. 42, Ch. 234, L. 1971; R.C.M. 1947, 89-2502.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-601. Certification and collection of district taxes

85-8-601. Certification and collection of district taxes.
(1) Subject to 15-10-420 and on or before the third Monday in August of each year, the commissioners shall certify to the department of revenue a correct list of all the district lands in each county and the owners of the lands, together with a statement of the amount of the total tax or assessment against the lands for district purposes for that year. The department of revenue shall immediately enter the assessment roll in the property tax record of the county for each year.
(2) The county treasurer of each county in which a drainage district is located, in whole or in part, shall collect and receipt for all taxes and assessments levied by the district in the same manner and at the same time as is required in the collection of taxes upon real estate for county purposes as provided in 15-16-102. However, the treasurer must receive from any taxpayer, at any time, the amount due on account of any district assessments of any kind, whether other taxes on the same real estate are paid or not. When a county is the possessor of a tax lien for any real estate on account of which the district taxes and assessments have been levied, the taxpayer may pay to the treasurer at any time any semiannual installment of the district tax or assessment, together with the penalty and interest to date of payment on the installment. However, the payment may not be considered a redemption of the property from the tax lien, but must be credited on account of any redemption that may later be made. In case of any payment pursuant to this subsection, a separate tax receipt must be issued showing exactly what assessments have been paid and showing that no other tax on the real estate has been received by the treasurer. However, the county treasurer may not collect, receive, or receipt for any taxes levied for county purposes upon real estate situated wholly or in part within any drainage district upon which an assessment for the purposes of the drainage district has been levied unless the assessment levied for the drainage district purposes is either paid as provided in this section and the receipt is presented to the county treasurer at the time the real estate taxes are paid or paid at the time the drainage district taxes are paid.
History: (1)En. Sec. 65, Ch. 129, L. 1921; re-en. Sec. 7329, R.C.M. 1921; re-en. Sec. 7329, R.C.M. 1935; amd. Sec. 1, Ch. 12, L. 1945; amd. Sec. 66, Ch. 391, L. 1973; Sec. 89-2401, R.C.M. 1947; (2)En. Sec. 1, Ch. 71, L. 1923; amd. Sec. 1, Ch. 73, L. 1935; re-en. Sec. 2172.1, R.C.M. 1935; amd. Sec. 1, Ch. 188, L. 1943; Sec. 84-4108, R.C.M. 1947; R.C.M. 1947, 84-4108(part), 89-2401; amd. Sec. 155, Ch. 27, Sp. L. November 1993; amd. Sec. 160, Ch. 584, L. 1999; amd. Sec. 36, Ch. 110, L. 2007; amd. Sec. 42, Ch. 67, L. 2017.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-602. Tax collection if lands in several counties

85-8-602. Tax collection if lands in several counties.
Where lands of any district lie in more than one county, the district taxes or assessments collected in all other counties shall be remitted to the county treasurer of the county wherein the court having jurisdiction of said district is located, on or before January 1 of each year.
History: En. Sec. 66, Ch. 129, L. 1921; re-en. Sec. 7330, R.C.M. 1921; re-en. Sec. 7330, R.C.M. 1935; R.C.M. 1947, 89-2402.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-603. Rules of law applicable to tax collection

85-8-603. Rules of law applicable to tax collection.
The rules of law applying to the collection of taxes and sale of land for taxes shall, unless in conflict with this chapter, apply to the collection and sale of lands for drainage assessments. Delinquent sales of land for unpaid taxes and assessments shall be made in the same manner as for state and county taxes in the respective counties where such lands are situate, and the right of redemption shall in all cases be made the same as in cases where lands are sold for state or county taxes. Such drainage district shall be entitled to the benefit of all penalties and interest upon delinquent district assessments.
History: En. Sec. 67, Ch. 129, L. 1921; re-en. Sec. 7331, R.C.M. 1921; re-en. Sec. 7331, R.C.M. 1935; R.C.M. 1947, 89-2403.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-611. Construction assessments -- annual installment

85-8-611. Construction assessments -- annual installment.
At the time of the confirmation of the assessments as provided in 85-8-347, the court may order the assessment for construction of new work to be paid in not more than 15 annual installments of such amounts and at such times as will be convenient for the accomplishment of the proposed work or for the payment of the principal and interest of such notes or bonds of the district as the court grants authority to issue for the construction of new work. The court shall also by such order fix a date on which the first installment of the assessments for construction shall become due, not more than 5 years after the date of the order, and each of the installments shall draw interest at the rate fixed by the court in accordance with law from the date of the order.
History: En. Sec. 61, Ch. 129, L. 1921; re-en. Sec. 7325, R.C.M. 1921; re-en. Sec. 7325, R.C.M. 1935; amd. Sec. 35, Ch. 234, L. 1971; amd. Sec. 42, Ch. 460, L. 1977; R.C.M. 1947, 89-2348.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-612. Lien of assessments -- payment of assessments against state lands

85-8-612. Lien of assessments -- payment of assessments against state lands.
(1) From the time of the entry of an order under 85-8-611, assessments for construction of new work and additional assessments and interest on the assessments are a lien upon the lands assessed until paid. An owner of land or a corporation assessed for construction may, at any time within 30 days after the confirmation of the report, pay into court the amount of the assessment against the person's land or any tract of land or against the corporation. Payment relieves the lands from the lien of the assessment and the corporation from all liability on the assessment.
(2) Upon presentation to the state treasurer of an order of the district court having jurisdiction of the drainage district, properly certified, the department of administration shall draw a warrant on the treasury on the appropriate fund in favor of the commissioners of the drainage district for the total amount that may be assessed against any state lands included in the district. Upon payment of the warrant, the lands are relieved from the lien created for the costs of construction.
History: En. Sec. 62, Ch. 129, L. 1921; re-en. Sec. 7326, R.C.M. 1921; re-en. Sec. 7326, R.C.M. 1935; R.C.M. 1947, 89-2349; amd. Sec. 32, Ch. 325, L. 1995; amd. Sec. 2817, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-613. Assessments against certain corporations

85-8-613. Assessments against certain corporations.
Assessments against all public corporations or any private corporation not owning land within the district shall be payable to the county treasurer wherein the court having jurisdiction of the district is located, on or before September 1 of each year.
History: En. Sec. 68, Ch. 129, L. 1921; re-en. Sec. 7332, R.C.M. 1921; re-en. Sec. 7332, R.C.M. 1935; R.C.M. 1947, 89-2404.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-614. Procedure on failure to certify assessments

85-8-614. Procedure on failure to certify assessments.
When commissioners shall fail to certify to the county treasurer of the proper county any one or more drainage assessments for construction or repair or additional assessment against any lands (including improvements where benefited) in said district at the proper time, they may certify the same to the county treasurer at any time thereafter, whether in the same or any subsequent year.
History: En. Sec. 69, Ch. 129, L. 1921; re-en. Sec. 7333, R.C.M. 1921; re-en. Sec. 7333, R.C.M. 1935; amd. Sec. 7, Ch. 409, L. 1973; R.C.M. 1947, 89-2405.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-615. Procedure to levy additional assessments

85-8-615. Procedure to levy additional assessments.
Subject to 15-10-420, if in the first assessment for construction the commissioners reported to the court a smaller sum than is needed to complete the work of construction or if in any year an additional sum is necessary to pay the lawful indebtedness of the drainage district, further or additional assessments on the land (including improvements where benefited) and corporations benefited, proportioned on the last assessment of benefits that has been approved by the court, must be made by the commissioners of the drainage district under the order of the court. However, the total assessments for original construction and any additional assessments, other than for maintenance, incidental expense, and interest on bonds, may not exceed the total assessments of benefits as provided in 85-8-342. Notice of the hearing of the application for the additional assessment must be published at least once each week for 3 consecutive weeks in one newspaper published in each county in which the lands, or any part of the lands, within the district are situated. The further or additional assessment may be made payable in installments as specified in 85-8-611 and must be treated and collected in the same manner as the original assessments for construction confirmed by the court in the drainage district.
History: En. Sec. 74, Ch. 129, L. 1921; re-en. Sec. 7338, R.C.M. 1921; re-en. Sec. 7338, R.C.M. 1935; amd. Sec. 8, Ch. 409, L. 1973; R.C.M. 1947, 89-2410; amd. Sec. 161, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-616. Correction of omissions

85-8-616. Correction of omissions.
Omission to assess benefits, to assess for construction, to make additional assessments, to make assessment for repairs, to award damages to any one or more tracts of land or easements in a drainage district or to assess benefits, assess for construction, assess for repairs, or make additional assessments against any corporation which should have been assessed does not affect the jurisdiction of the court to confirm the report or to render the benefits assessed, the assessments for construction, additional assessments, or assessments for repairs against other lands or assessments against any corporation voidable; but the commissioners of the drainage district shall thereafter, as soon as they discover the omission or as soon as they have notice thereof, either agree with the omitted parties upon the proper assessments and award the damages or assess such benefits, make such assessments for construction, and make such additional assessments against the omitted lands and corporations and award such damages as are just and report the facts, together with such assessments and awards, to the court.
History: En. Sec. 75, Ch. 129, L. 1921; re-en. Sec. 7339, R.C.M. 1921; re-en. Sec. 7339, R.C.M. 1935; amd. Sec. 43, Ch. 460, L. 1977; R.C.M. 1947, 89-2411.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-617. Illegal assessments

85-8-617. Illegal assessments.
In case the court decides that any land should not have been assessed for drainage purposes or that any assessment is void, the commissioners of the district shall:
(1) levy an additional assessment on all of the assessable lands, irrigation ditches, railroads, corporations, and individual owners, based on the last assessment of the district approved by the court, sufficient to pay the sum lost to the district by reason of such void assessment; or
(2) pay such sum out of the general fund of the district.
History: En. Sec. 78, Ch. 129, L. 1921; re-en. Sec. 7342, R.C.M. 1921; re-en. Sec. 7342, R.C.M. 1935; amd. Sec. 2, Ch. 109, L. 1923; amd. Sec. 6, Ch. 169, L. 1929; R.C.M. 1947, 89-2412.
2023 Montana Code Annotated › Title 85. Water Use › Chapter 8. Drainage Districts › Part 6. Taxes and Assessments › 85-8-618. Assessment of unassessed, benefited lands

85-8-618. Assessment of unassessed, benefited lands.
Whenever any lands from which surface or seepage water enters any drain or upon which or through which surface or seepage water has been prevented from flowing because of the construction of any drain have not been included within the drainage district that constructed the drains or drain or the owner of any irrigation ditch or canal from which water seeps, drains, or wastes to, upon, or through lands included within a drainage district has not been assessed for the cost of construction of the drainage system of the drainage district, the commissioners of the district may report the facts to the court and ask that the lands be brought into the district and assessed for their proportionate share of the cost of the drainage system. Subject to 15-10-420, the report may ask that the owner of any irrigation ditch or canal be assessed its proportionate share of the costs of construction of the drainage system. The same proceedings as set out in 85-8-421 through 85-8-424 for the determination and levy of assessments against drained lands outside of the drainage district receiving benefits from the drainage of the district must be commenced to determine the proper assessments, if any, to be levied against the lands and the owner of the irrigation ditch or canal to aid in payment of costs of construction.
History: En. Sec. 7364A by Sec. 7, Ch. 169, L. 1929; re-en. Sec. 7364.1, R.C.M. 1935; R.C.M. 1947, 89-2601; amd. Sec. 162, Ch. 584, L. 1999.