reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2520. Appraisal required for certain purchases of real property or conservation easements

7-8-2520. Appraisal required for certain purchases of real property or conservation easements.
(1) Unless otherwise provided by law, a county may not purchase real property in an amount in excess of $20,000 or a conservation easement using public funds in an amount in excess of $80,000 unless the value of the property or conservation easement has been previously estimated by:
(a) a disinterested certified general real estate appraiser selected by the county commission, county attorney, and landowner; or
(b) three disinterested citizens of the county appointed by the district judge.
(2) A county may not pay more than the appraised value for the real property or conservation easement.
History: En. Sec. 10, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2521. Authorization to sell real property -- resolution required -- contents of resolution -- hearing required

7-8-2521. Authorization to sell real property -- resolution required -- contents of resolution -- hearing required.
(1) The board shall, after holding a public hearing noticed as provided in 7-1-2121, adopt a resolution providing for sale and disposition of county real property. The resolution must include:
(a) approved locations for sales, including whether sales may be conducted by use of an internet website or other online location;
(b) a requirement that all sale locations be accessible to the public;
(c) types of sales for which public auction is required;
(d) who may conduct a sale or auction;
(e) procedures for issuing permits, leases, or licenses, including:
(i) the terms, conditions, and processes for issuance of permits, leases, and licenses;
(ii) authorization to enter into agreements with entities to which permits, leases, or licenses may be issued;
(iii) a prohibition on a lease being made for an amount less than the amount that would have been collected if taxes on the real property had been levied; and
(iv) the process for authorizing a lessee to place improvements on the property;
(f) how sales will be noticed if the board intends to provide notice in addition to notice by publication as required in 7-1-2121;
(g) how property retained by the county will be administered and maintained; and
(h) any other provision that the board considers to be necessary for the disposition of property in a manner that is in the best interests of the county and its citizens.
(2) In adopting the resolution, consideration must be given to multiple-use management.
(3) Provisions in the resolution regarding exchanges or donations of real property must be in compliance with 7-8-2522.
History: En. Sec. 11, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 25. Classification and Alternative Management of County Lands › 7-8-2522. Exchange or donation of real property -- appraisal required

7-8-2522. Exchange or donation of real property -- appraisal required.
(1) Subject to the provisions of this section and a resolution adopted pursuant to 7-8-2521, the board may make trades, exchanges, or donations of real property owned by the county.
(2) In an exchange of real property, the properties must be appraised and an exchange of county property may not be made unless property received in exchange for the county property is of an equivalent value. If the properties are not of equivalent values, the exchange may be completed if a cash payment is made in addition to the delivery of title for property having the lesser value.
(3) If a county owns property containing a historically significant building or monument, the county may sell or give the property to nonprofit organizations or groups that agree to restore or preserve the property. The contract for the transfer of the property must contain a provision that:
(a) requires the property to be preserved in its current or restored state upon any subsequent transfer; and
(b) provides for the reversion of the property to the county for noncompliance with conditions attached to the transfer.
(4) A county may authorize the transfer of ownership of rural improvement district improvements as provided in 7-12-2128.
(5) A county may donate real property or sell the property at a reduced price to a corporation for the purpose of constructing:
(a) a multifamily housing development operated by the corporation for low-income housing;
(b) single-family houses. Upon completion of a house, the corporation shall sell the property to a low-income person who meets the eligibility requirements of the corporation. After the sale is completed, the property becomes subject to taxation.
(c) improvements to real property or modifying, altering, or repairing improvements to real property that will enable the corporation, subject to the restrictions of Article X, section 6, of the Montana constitution, to pursue purposes specified in the articles of incorporation of the corporation, including the sale, lease, rental, or other use of the donated land and improvements.
(6) Land that is transferred pursuant to subsection (5) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
History: En. Sec. 12, Ch. 255, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2601. Protection of forests

7-8-2601. Protection of forests.
The board of county commissioners of any county may provide money for the purposes of forest protection, improvement, and management.
History: En. Sec. 105, Ch. 147, L. 1909; re-en. Sec. 4470, R.C.M. 1921; re-en. Sec. 4470, R.C.M. 1935; R.C.M. 1947, 16-1104.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2602. Authorization to create county forests

7-8-2602. Authorization to create county forests.
(1) The board of county commissioners of any county in Montana is hereby authorized to create county forests from any lands in such county which:
(a) are principally valuable for the timber thereon or for the growing of timber; and
(b) have been acquired by such county by tax deed and have been offered for sale at public auction and not sold or have been acquired by such county by exchange for lands acquired by tax deed.
(2) Such county forests shall be established by resolution of the board and may be discontinued by resolution of said board.
History: En. Sec. 1, Ch. 70, L. 1945; R.C.M. 1947, 28-501.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2603. Exchange of tax-deed lands for timber lands

7-8-2603. Exchange of tax-deed lands for timber lands.
After any lands acquired by the county by tax deed have been offered for sale at public auction and not sold, the board of county commissioners may exchange such lands for other lands which are principally valuable for the timber thereon or for the growing of timber if, in the opinion of such board, it is in the best interests of such county to acquire such other lands for the purpose of creating county forests or for the purpose of consolidating such lands with then-existing county forests.
History: En. Sec. 2, Ch. 70, L. 1945; R.C.M. 1947, 28-502.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2604. Procedure for sale of timber or other crops

7-8-2604. Procedure for sale of timber or other crops.
(1) Subject to the requirements of subsection (2), the board of county commissioners may sell the timber crop and other crops of county forests under such rules as it may establish. The board may reject any or all bids, or it may award the sale to the highest responsible bidder.
(2) A notice of any proposed sale of timber in excess of 100,000 feet board measure shall be advertised at least once in a newspaper published in the county at least 30 days prior to the closing of bids as specified in said notice. The board shall receive sealed bids up to the hour of the closing of bids.
History: En. Sec. 3, Ch. 70, L. 1945; R.C.M. 1947, 28-503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2605. Formal sale agreement

7-8-2605. Formal sale agreement.
(1) Upon award of sale, the purchaser shall execute a formal agreement.
(2) The formal agreement shall:
(a) describe the area on which the timber is to be cut, the approximate amount to be cut by species, and the rate for each product of each species;
(b) stipulate that all timber shall be paid for in advance of cutting;
(c) fix a date for termination of the agreement;
(d) define rules of silviculture, cutting, utilization, scaling, and slash disposal; and
(e) incorporate such other rules as in the discretion of the board of county commissioners are essential to the perpetuation of the county forests.
History: En. Sec. 3, Ch. 70, L. 1945; R.C.M. 1947, 28-503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2606. Bond to insure performance of agreement

7-8-2606. Bond to insure performance of agreement.
As a guarantee for the faithful performance of the agreement, the purchaser shall be required to furnish a bond, with sufficient securities, to the county in an amount equal to at least 20% of the estimated value of the timber sold.
History: En. Sec. 3, Ch. 70, L. 1945; R.C.M. 1947, 28-503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2607. Procedure upon breach of agreement

7-8-2607. Procedure upon breach of agreement.
Upon breach of any timber sale agreement, the board of county commissioners is authorized to suspend cutting or removal of the timber and, upon advice and counsel of the county attorney, to take such steps as are deemed by it necessary to adjust the breach or to liquidate the county's claim for damages or to submit the case to the county attorney for collection on the bond.
History: En. Sec. 4, Ch. 70, L. 1945; R.C.M. 1947, 28-504.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2608. Permits for domestic use of dead and down timber

7-8-2608. Permits for domestic use of dead and down timber.
Permits may be issued free of charge to residents and settlers of the county for dead, down, or inferior timber for fuel and domestic purposes, in such quantities and under such restrictions and regulations as the board of county commissioners may approve.
History: En. Sec. 5, Ch. 70, L. 1945; R.C.M. 1947, 28-505(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2609. Permits for small commercial timber harvest

7-8-2609. Permits for small commercial timber harvest.
Permits may be issued to citizens of Montana for commercial purposes at commercial rates without advertising, under such restrictions and rules as the board of county commissioners may approve, for timber in quantities of 100,000 feet board measure or less. Repeated permits of this kind shall not be issued to avoid advertising and the consequent competition secured thereby.
History: En. Sec. 5, Ch. 70, L. 1945; R.C.M. 1947, 28-505(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2610. Distribution of proceeds of timber sales

7-8-2610. Distribution of proceeds of timber sales.
The proceeds of every such sale or of the issuance of any such permit shall be paid over to the county treasurer who shall apportion and distribute the same in the following manner:
(1) The proceeds of each sale up to the amount of $10 shall be credited to the county general fund to reimburse such for expenditures made therefrom in connection with the holding of such sale or the issuance of such permit.
(2) If there shall be any amount remaining of such proceeds and such remainder is in excess of the aggregate amount of all taxes and assessments accrued against such property for all funds and purposes, without penalty and interest, then so much of such remaining proceeds shall be credited to each fund or purpose as the same would have received had such taxes been paid before becoming delinquent, and all excess shall be credited to the general fund of the county.
(3) If there shall be any amount remaining of such proceeds and such remainder is less in amount than the aggregate amount of all taxes and assessments accrued against such property for all funds and purposes, without penalty or interest, such proceeds shall be prorated between such funds and purposes in the proportion that the amount of taxes and assessments accrued against such property for each such fund or purpose bears to the aggregate amount of taxes and assessments accrued against such property for all funds and purposes.
History: En. Sec. 6, Ch. 70, L. 1945; R.C.M. 1947, 28-506.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 26. County Forests › 7-8-2611. Construction of part

7-8-2611. Construction of part.
Nothing in this part shall be construed as repealing part 23 of chapter 8 or Title 76, chapter 13, parts 1 and 2.
History: En. Sec. 7, Ch. 70, L. 1945; R.C.M. 1947, 28-507.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2701. State policy for resource management

7-8-2701. State policy for resource management.
It is the policy of the state of Montana:
(1) to promote the conservation of the natural resources of the state;
(2) to provide for the conservation, protection, and development of forage plants and for the beneficial use of forage plants for grazing by livestock, under regulations that may be considered necessary;
(3) to put into crop production only properly fitted lands;
(4) to encourage the storage and conservation of water for livestock and irrigation;
(5) to place the farming and livestock industries upon a permanent and solid foundation;
(6) to extend preference in sales and leases of lands to resident farmers, stockgrowers, and taxpayers; and
(7) to gradually restore to private ownership the immense areas of lands that have passed into county ownership because of tax delinquencies.
History: En. Sec. 5, Ch. 67, L. 1933; re-en. Sec. 4573.5, R.C.M. 1935; R.C.M. 1947, 16-1505; amd. Sec. 519, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2702. Definitions

7-8-2702. Definitions.
(1) In this part, the term "board" shall mean the county land advisory board.
(2) In this part, the term "lands" shall mean all lands now owned by the respective counties which have been acquired by the counties through tax deed proceedings and any lands to be hereafter acquired by the same means and all lands acquired by the respective counties by deed, exchange, or in any manner whatsoever, excepting, however, such lands as are owned or may be acquired for the regular conduct of county affairs.
History: En. Sec. 2, Ch. 67, L. 1933; re-en. Sec. 4573.2, R.C.M. 1935; R.C.M. 1947, 16-1502.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2703. Creation of county land advisory boards

7-8-2703. Creation of county land advisory boards.
(1) There is hereby created in each county a department of county government of the state of Montana, to be known and designated as "the county land advisory board".
(2) The general purposes of this department shall be to cooperate with the board of county commissioners of each county in administering lands belonging to the respective counties.
History: En. Sec. 1, Ch. 67, L. 1933; re-en. Sec. 4573.1, R.C.M. 1935; R.C.M. 1947, 16-1501.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2704. Membership of land advisory board

7-8-2704. Membership of land advisory board.
The board of each county shall consist of five residents of the county to be appointed by the judge of the district court.
History: En. Sec. 3, Ch. 67, L. 1933; re-en. Sec. 4573.3, R.C.M. 1935; R.C.M. 1947, 16-1503(part); amd. Sec. 12, Ch. 311, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2705. Term of office of board members

7-8-2705. Term of office of board members.
(1) The citizen members first appointed pursuant to 7-8-2704 serve the following terms:
(a) two for a 2-year term;
(b) two for a 4-year term; and
(c) one for a 6-year term.
(2) On the expiration of the terms of the initial appointees, the succeeding members shall be appointed for the term of 6 years.
History: En. Sec. 3, Ch. 67, L. 1933; re-en. Sec. 4573.3, R.C.M. 1935; R.C.M. 1947, 16-1503(part); amd. Sec. 13, Ch. 311, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2706. Compensation of board members

7-8-2706. Compensation of board members.
The members shall serve without pay.
History: En. Sec. 3, Ch. 67, L. 1933; re-en. Sec. 4573.3, R.C.M. 1935; R.C.M. 1947, 16-1503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2707. Organization of board -- conduct of business

7-8-2707. Organization of board -- conduct of business.
(1) The board shall select a presiding officer from its members. The county clerk is the clerk of the board.
(2) The board shall hold regular meetings on the first Wednesday following the first Monday of each month and may hold meetings whenever considered necessary upon a call of the presiding officer or a majority of the members. Three members of the board constitute a quorum for the transaction of business. The board may adopt rules it considers proper for the conduct of its meetings.
(3) The county clerk, as clerk of the advisory board, shall keep the minutes of all meetings and is custodian of all its records. The board shall keep a record of the minutes of all meetings in a suitable book, provided by the board of county commissioners for that purpose, and preserve all important documents, maps, plats, and papers.
History: En. Sec. 4, Ch. 67, L. 1933; re-en. Sec. 4573.4, R.C.M. 1935; R.C.M. 1947, 16-1504; amd. Sec. 520, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2708. Function of land advisory board

7-8-2708. Function of land advisory board.
(1) The board shall advise boards of county commissioners in the direction, control, care, management, appraisal, lease, sale, exchange, and disposition of all lands, when so requested by said board of county commissioners.
(2) The board may recommend the examination, classification, and appraisal of such lands as in its opinion have not previously been properly examined, classified, and appraised.
(3) The board may be called upon by boards of county commissioners to assist in making exchanges of lands with other owners.
History: (1)En. Sec. 3, Ch. 67, L. 1933; re-en. Sec. 4573.3, R.C.M. 1935; Sec. 16-1503, R.C.M. 1947; (2)En. Sec. 6, Ch. 67, L. 1933; re-en. Sec. 4573.6, R.C.M. 1935; Sec. 16-1506, R.C.M. 1947; (3)En. Sec. 9, Ch. 67, L. 1933; re-en. Sec. 4573.9, R.C.M. 1935; Sec. 16-1509, R.C.M. 1947; R.C.M. 1947, 16-1503(part), 16-1506, 16-1509.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 27. County Land Advisory Boards › 7-8-2709. Grazing and agricultural uses of county lands

7-8-2709. Grazing and agricultural uses of county lands.
(1) The board may cooperate with boards of county commissioners in establishing grazing districts or entering into agreements with other landowners for the establishment of grazing districts whereby county lands may be leased either on a per-head or per-acre basis.
(2) The board may act in an advisory capacity in fixing the fees, terms, and conditions of grazing and agricultural leases.
History: (1)En. Sec. 7, Ch. 67, L. 1933; re-en. Sec. 4573.7, R.C.M. 1935; Sec. 16-1507, R.C.M. 1947; (2)En. Sec. 8, Ch. 67, L. 1933; re-en. Sec. 4573.8, R.C.M. 1947; Sec. 16-1508, R.C.M. 1947; R.C.M. 1947, 16-1507, 16-1508.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 41. Municipal Buildings › 7-8-4101. Construction, lease, and management of municipal buildings

7-8-4101. Construction, lease, and management of municipal buildings.
The city or town council has power to build or hire all necessary buildings for the use of the city or town and to heat and light the same.
History: En. Subd. 5, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.4, R.C.M. 1935; R.C.M. 1947, 11-905.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 8. Acquisition, Transfer, and Management of Property and Buildings › Part 42. Disposal and Lease of Municipal Property › 7-8-4201. Disposal or lease of municipal property -- election

7-8-4201. Disposal or lease of municipal property -- election.
(1) Subject to the provisions of subsection (2), the city or town council may sell, dispose of, donate, or lease any property belonging to the city or town.
(2) (a) Except for property described in subsection (3), the lease, donation, or transfer must be made by an ordinance or resolution passed by a two-thirds vote of all members of the council.
(b) Except for property acquired by tax deed or property described in subsection (3), if the property is held in trust for a specific purpose, the sale or lease must be approved by a majority vote of the electors of the municipality voting at an election called for that purpose. The election must be held in accordance with Title 13, chapter 1, part 4.
(3) If a city or town owns property containing a historically significant building or monument, the city or town may sell or give the property to nonprofit organizations or groups that agree to restore or preserve the property. The contract for the transfer of the property must contain a provision that:
(a) requires the property to be preserved in its present or restored state upon any subsequent transfer; and
(b) provides for the reversion of the property to the city or town for noncompliance with conditions attached to the transfer.
(4) This section may not be construed to abrogate the power of the board of park commissioners to lease all lands owned by the city that were acquired for parks within the limitations prescribed by 7-16-4223.
(5) A city or town may donate land or sell the land at a reduced price to a corporation for the purpose of constructing:
(a) a multifamily housing development operated by the corporation for low-income housing;
(b) single-family houses. Upon completion of a house, the corporation shall sell the property to a low-income person who meets the eligibility requirements of the corporation. Once the sale is completed, the property becomes subject to taxation.
(c) improvements to real property or modifying, altering, or repairing improvements to real property that will enable the corporation, subject to the restrictions of Article X, section 6, of the Montana constitution, to pursue purposes specified in the articles of incorporation of the corporation, including the sale, lease, rental, or other use of the donated land and improvements.
(6) Land that is transferred pursuant to subsection (5) must be used to permanently provide low-income housing. The transfer of the property may contain a reversionary clause to reflect this condition.
History: En. Subd. 62, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.61, R.C.M. 1935; amd. Sec. 1, Ch. 35, L. 1937; R.C.M. 1947, 11-964; amd. Sec. 14, Ch. 311, L. 1979; amd. Sec. 1, Ch. 305, L. 1993; amd. Sec. 38, Ch. 387, L. 1995; amd. Sec. 4, Ch. 202, L. 1999; amd. Sec. 7, Ch. 170, L. 2009; amd. Sec. 110, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-101. Regional resource authorities -- purpose -- definition of qualified elector

7-10-101. Regional resource authorities -- purpose -- definition of qualified elector.
(1) Qualified electors may create or expand an authority by proceeding under the provisions of this chapter.
(2) Regional resource authorities may be created to provide for collaboration and coordination in the conservation of water resources or in the management of water resources for agricultural and recreational uses.
(3) For the purposes of this chapter, a "qualified elector" is a person who is qualified to vote under 13-1-111 and resides within the boundaries of a proposed or established regional resource authority.
History: En. Sec. 1, Ch. 351, L. 2009; amd. Sec. 111, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-102. Petition to create or expand regional resource authorities

7-10-102. Petition to create or expand regional resource authorities.
(1) A petition requesting the establishment or expansion of a regional resource authority must be signed by at least 10% of the qualified electors of the territory proposed to be organized into the authority or expansion and must be presented to the board of county commissioners of the county in which the proposed authority or expansion is located.
(2) When the area to be included within the proposed authority or expansion lies in more than one county, the qualified electors of the proposed area shall present a petition to the board of county commissioners in each county. Each petition must contain the signatures of at least 10% of the qualified electors of the proposed authority or expansion that lies within that county.
(3) The petition must include:
(a) a legal description or map of the proposed authority or expansion boundaries. Boundaries must coincide with the boundaries of political subdivisions of the state to the greatest extent possible and may exclude incorporated cities or towns.
(b) the proposed name of the authority;
(c) a statement that there is a need in the interest of the public health, safety, and welfare for an authority to function or expand in the territory described in the petition;
(d) a request that an election be held in the territories included within the proposed boundaries on the question of creating or expanding the authority; and
(e) the structure of the governing body for the authority as provided in 7-10-110.
(4) Land, water, projects, as defined in 7-10-201, or other resources within the exterior boundaries of an Indian reservation may not be included within the boundaries of a regional resource authority without the consent of the governing body of the tribe of the Indian reservation.
History: En. Sec. 2, Ch. 351, L. 2009; amd. Sec. 112, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-103. Regional resource authority or expansion -- notice of petition -- hearing

7-10-103. Regional resource authority or expansion -- notice of petition -- hearing.
(1) The board of county commissioners shall publish the text of the petition described in 7-10-102, as provided in 7-1-2121, in each county in which the proposed regional resource authority or expansion lies and shall publish the date, time, and place that a public hearing on the petition will be held.
(2) If the proposed authority or expansion lies within two or more counties, the provisions of this section apply to each county.
(3) Upon concluding the hearing on the petition, the board of county commissioners shall determine whether the petition complies with the requirements of 7-10-102 and enter its determination into the minutes of a regularly scheduled meeting.
History: En. Sec. 3, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-104. Regional resource authority or expansion -- election required -- notice

7-10-104. Regional resource authority or expansion -- election required -- notice.
(1) Upon a determination that the petition complies with the provisions of 7-10-102, the board of county commissioners of each county in which the proposed regional resource authority or expansion lies shall give notice of an election to be held within the boundaries of the proposed authority or expansion for the purpose of determining whether a regional resource authority should be created or expanded. The election must be held in accordance with Title 13, chapter 1, part 5.
(2) Notice of the election must be made as provided in 13-1-108 and must:
(a) describe the purpose of the proposed authority or expansion; and
(b) state the name of the proposed authority.
History: En. Sec. 4, Ch. 351, L. 2009; amd. Sec. 113, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-105. Resolution creating or expanding regional resource authority upon favorable vote

7-10-105. Resolution creating or expanding regional resource authority upon favorable vote.
(1) If a majority of the votes cast within the proposed boundaries of the regional resource authority or expansion are in favor of creating or expanding the authority, the board of county commissioners in the county that administered the election shall, by resolution, declare the territory enclosed within the proposed boundaries or expansion duly organized as a regional resource authority.
(2) Immediately following adoption of the resolution creating or expanding the regional resource authority, the board of county commissioners shall file a copy of the resolution with the secretary of state and the county clerk and recorder.
History: En. Sec. 5, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-106. Regional resource authority -- certificate of incorporation or expansion from secretary of state

7-10-106. Regional resource authority -- certificate of incorporation or expansion from secretary of state.
Within 10 days of receiving a copy of the resolution described in 7-10-105, the secretary of state shall issue a certificate stating that the regional resource authority has been established or expanded under the laws of the state of Montana. The secretary of state shall file a copy of the certificate with the clerk and recorder in each county in which the authority is located.
History: En. Sec. 6, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-110. Governing body of regional resource authority -- initial appointment -- subsequent election

7-10-110. Governing body of regional resource authority -- initial appointment -- subsequent election.
(1) The initial members of the local governing body must be appointed by the county commissioners in the county pursuant to 7-10-104, based on the recommendations of the petitioners.
(2) The commissioners shall appoint members of the governing body to staggered 2-year and 4-year terms.
(3) The appointments under subsection (1) must be made within 30 days after the adoption of the resolution for creation provided for in 7-10-105.
(4) Prior to the expiration of the initial appointments, the governing body shall divide itself into districts from which subsequent board members are elected to succeeding terms.
(5) The election of board members must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. Sec. 7, Ch. 351, L. 2009; amd. Sec. 114, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 1. Creation -- Expansion -- Powers › 7-10-115. Regional resource authority -- powers -- limits

7-10-115. Regional resource authority -- powers -- limits.
(1) A regional resource authority has power to:
(a) sue and be sued;
(b) purchase and hold lands within its limits;
(c) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers;
(d) make orders for the disposition or use of its property that the interests of its inhabitants require; and
(e) subject to 15-10-420, levy and collect taxes for public or governmental purposes, as described in 7-6-2527, under its exclusive jurisdiction unless prohibited by law;
(f) impose fees or assessments for services provided;
(g) pay debts and expenses;
(h) solicit and accept bequests, donations, or grants of money, property, services, or other advantages and comply with any condition that is not contrary to the public interest;
(i) execute documents necessary to receive money, property, services, or other advantages from the state government, the federal government, or any other source;
(j) make grants and loans of money, property, and services for public purposes;
(k) require the attendance of witnesses and production of documents relevant to matters being considered by the governing body;
(l) hire, direct, and discharge employees and appoint and remove members of boards;
(m) ratify any action of the regional resource authority or its officers or employees that could have been approved in advance;
(n) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a public use authorized by law;
(o) initiate a civil action to restrain or enjoin an action adverse to the regional resource authority;
(p) enter private property, obtaining warrants when necessary, for the purpose of enforcing its authority that affects the general welfare and public safety;
(q) conduct preparatory studies;
(r) purchase insurance and establish self-insurance plans;
(s) exercise powers not inconsistent with law necessary for effective administration of authorized services and functions;
(t) enter into interlocal agreements or other agreements with the federal government or its agencies; and
(u) issue bonds and notes for the purpose of funding projects as provided in part 2 of this chapter.
(2) A regional resource authority may not:
(a) authorize a tax on income or the sale of goods or services;
(b) regulate private activity beyond its geographic limits;
(c) impose a duty on another unit of local government, except that nothing in this limitation affects the right of a regional resource authority to enter into and enforce an agreement on interlocal cooperation;
(d) exercise any judicial function, except as an incident to the exercise of an administrative power; or
(e) exercise any power enumerated in 7-1-111.
History: En. Sec. 8, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-201. Regional resource authority projects -- definition

7-10-201. Regional resource authority projects -- definition.
(1) A regional resource authority may:
(a) construct, reconstruct, improve, or extend any project within the boundaries of the regional resource authority or partially within or partially outside of the boundaries, and acquire by gift, purchase, or the exercise of the right of eminent domain pursuant to Title 70, chapter 30, any project and land or rights in land or water rights in connection with the project;
(b) operate and maintain any project and furnish the service, facilities, and commodities of the project for its own use and for the use of public and private consumers within or outside of the boundaries of the regional resource authority; and
(c) prescribe and collect rates, fees, and charges for the services, facilities, and commodities furnished by the project.
(2) The project may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended and bonds may be issued under this part for those purposes.
(3) As used in this part, "project" means one or a combination of water systems, together with all parts of the systems and appurtenances to the systems, including but not limited to supply and distribution systems, reservoirs, dams, and treatment and disposal works.
History: En. Sec. 9, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-202. Role of state agencies

7-10-202. Role of state agencies.
A regional resource authority acting pursuant to this part is not required to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other instrumentality of the state in order to acquire, construct, purchase, reconstruct, improve, better, extend, maintain, and operate a project. The supervisory powers and duties of the department of environmental quality apply to projects under this part, and the functions of the department of natural resources and conservation and the water court apply to water rights associated with projects.
History: En. Sec. 10, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-205. Authority to issue revenue bonds

7-10-205. Authority to issue revenue bonds.
A regional resource authority may:
(1) issue its bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project;
(2) pledge to the punctual payment of the bonds issued under this part and interest on the bonds an amount of the revenue of the project or of any part of the project sufficient to pay the bonds and interest as the bonds and interest become due and create and maintain reasonable reserves for the payments.
History: En. Sec. 11, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-206. Determination of cost

7-10-206. Determination of cost.
The governing body of a regional resource authority, in determining the cost for purposes of 7-10-205, may include:
(1) all costs and estimated costs of the issuance of revenue bonds, including a permissible underwriter's discount, if any;
(2) all engineering, inspection, fiscal, and legal expenses; and
(3) interest estimated to accrue during the construction period and for 6 months after construction on money borrowed or on money that it is estimated will be borrowed pursuant to this part.
History: En. Sec. 12, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-207. Nature of revenue bonds

7-10-207. Nature of revenue bonds.
(1) The holder or holders of any bonds issued under this part does not have the right to compel any exercise of taxing power of the regional resource authority to pay the revenue bonds or the interest on the bonds.
(2) Each bond issued under this part must recite in substance that:
(a) the bond, including interest on the bond, is payable from the revenue pledged to the payment of the bond; and
(b) the bond does not constitute a debt of the regional resource authority within the meaning of any constitutional or statutory limitation or provision.
History: En. Sec. 13, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-208. Projects to be self-supporting

7-10-208. Projects to be self-supporting.
(1) A regional resource authority issuing bonds pursuant to this part shall prescribe and collect reasonable rates, fees, or charges for the services, facilities, and commodities of the project and shall revise the rates, fees, or charges from time to time whenever necessary so that the project is and remains self-supporting. The property taxes specifically authorized to be levied for the general purpose served by the project constitute revenue of the project and may not result in a project being considered not self-supporting.
(2) The rates, fees, or charges prescribed, along with any appropriated property tax collections, must produce revenue at least sufficient to:
(a) pay when due all bonds and interest on the bonds for the payment of which the revenue has been pledged, charged, or otherwise encumbered, including reserves for the bonds; and
(b) provide for all expenses of operation and maintenance of the project, including reserves.
History: En. Sec. 14, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-209. Use of revenue from project

7-10-209. Use of revenue from project.
(1) A regional resource authority issuing bonds pursuant to this part for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any project has the right to appropriate, apply, or expend the revenue of the project for the following purposes:
(a) to pay when due all bonds and interest on the bonds for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, including reserves;
(b) to provide for all expenses of operation and maintenance of the project, including reserves; and
(c) to provide a reserve for improvements or enhancements to the project.
(2) Unless and until adequate provision has been made for the purposes of subsection (1), a regional resource authority may not transfer the revenue of the project to its general fund.
History: En. Sec. 15, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-215. Covenants in resolution authorizing issuance of bonds

7-10-215. Covenants in resolution authorizing issuance of bonds.
Any resolution or resolutions authorizing the issuance of bonds under this part may contain covenants as to:
(1) the purpose or purposes to which the proceeds of sale of the bonds may be applied and the disposition of the proceeds;
(2) the use and disposition of the revenue of the project for which the bonds are to be issued, including the creation and maintenance of reserves and including the pledge or appropriation of all or a portion of the property tax revenue referred to in 7-10-115;
(3) the transfer from the general fund of the regional resource authority to the account or accounts of the project of an amount equal to the cost of furnishing the regional resource authority or any of its departments or boards with the services, facilities, or commodities of the project;
(4) the issuance of other or additional bonds payable from the revenue of the project;
(5) the operation and maintenance of the project;
(6) the insurance to be carried on the project and the use and disposition of insurance money;
(7) books of account and the inspection and audit of the books; and
(8) the terms and conditions upon which the holders or trustees of the bonds or any proportion of the bonds are entitled to the appointment of a receiver by the district court having jurisdiction. The receiver may:
(a) enter and take possession of the project;
(b) operate and maintain the project;
(c) prescribe rates, fees, or charges, subject to the approval of the public service commission; and
(d) collect, receive, and apply all revenue arising from the project.
History: En. Sec. 16, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-216. Remedies

7-10-216. Remedies.
The provisions of this part and any resolution or resolutions are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.
History: En. Sec. 17, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-217. Presumption of validity of bonds

7-10-217. Presumption of validity of bonds.
(1) Bonds bearing the signatures of the officers of the regional resource authority in office on the date of the signing of the bonds are valid and binding obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any or all the persons whose signatures appear on the bonds have ceased to be officers of the regional resource authority issuing the bonds.
(2) The validity of the bonds is not dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the project for which the bonds are issued.
(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part. The recital is conclusive evidence of the validity of the bonds and of the regularity of their issuance.
History: En. Sec. 18, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-218. Liens arising from bonds

7-10-218. Liens arising from bonds.
The resolution or resolutions authorizing the bonds must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenue in favor of bonds of one or more series or issues, whether issued concurrently or at different times.
History: En. Sec. 19, Ch. 351, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 10. Regional Resource Authorities › Part 2. Project -- Funding › 7-10-219. Details relating to revenue bonds

7-10-219. Details relating to revenue bonds.
(1) Bonds authorized to be issued under this part:
(a) must bear interest at a rate or rates not exceeding the limitation of 17-5-102;
(b) may be issued in one or more series;
(c) may bear a date or dates;
(d) may mature at a time or times not exceeding 40 years from their respective dates of issue;
(e) may be payable in a place or places;
(f) may carry registration privileges;
(g) may be subject to terms of redemption;
(h) may be executed;
(i) may contain terms, covenants, and conditions; and
(j) may be in coupon or registered form, as provided by the initial resolution or subsequent resolutions.
(2) The regional resource authority may fix the minimum price for the bonds in an amount less than the principal amount of the bonds but not less than 97% of the principal amount if it determines that a sale at that price is in the best interests of the project.
History: En. Sec. 20, Ch. 351, L. 2009.