reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1612. Notice of resolution -- hearing

7-14-1612. Notice of resolution -- hearing.
(1) The text of the resolution referred to in 7-14-1611 must be published as provided in 7-1-2121.
(2) At the time for the hearing, the board shall hear testimony for and against the creation of the authority. The hearing may be adjourned from time to time for the determination of additional information or for hearing proponents or opponents, but an adjournment may not exceed 2 weeks after the date originally published for the hearing.
History: En. Sec. 4, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1613. County rail authority

7-14-1613. County rail authority.
(1) The board, upon completion of the public hearing, may pass a resolution creating an authority.
(2) At the same time, the board shall appoint five persons as directors of the authority. A director shall hold office for 2 years and until a successor is appointed. Three of the directors first appointed shall hold office for 1 year. A vacancy occurring other than by expiration of a term must be filled for the unexpired term by the board.
(3) A director must reside within the boundaries of the authority.
History: En. Sec. 5, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1621. Regional rail authority

7-14-1621. Regional rail authority.
(1) Two or more counties may by joint resolution create a regional rail authority. The resolution creating a regional rail authority must create a regional rail authority board of not less than five directors. The number of directors to be appointed, their term of office, and their qualifications must be provided for in the resolution.
(2) The text of the resolution must be published as provided in 7-1-2121 in each county in which the territory of the proposed authority lies. A county may not adopt a resolution authorized by this section without a public hearing.
(3) After passage of the resolution by the board of each county with territory included in the authority, the boards shall jointly appoint the initial directors of the regional rail authority.
History: En. Sec. 6, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1622. Directors

7-14-1622. Directors.
(1) The powers of an authority are vested in the directors of the authority. A majority of the directors constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the directors present.
(2) There must be elected a presiding officer, a vice presiding officer, a treasurer, and a secretary from among the directors. An authority may employ an executive director, technical experts, and other officers, agents, and employees, permanent and temporary, as necessary and shall determine their qualifications, duties, and compensation. An authority may delegate to one or more of its agents or employees powers or duties as it considers proper.
(3) A director of an authority is entitled to receive expenses, as provided in 2-18-501 through 2-18-503, incurred in the performance of the director's duties.
History: En. Sec. 7, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1623. Cooperation of county

7-14-1623. Cooperation of county.
For the purpose of cooperating in the planning, construction, or operation of railroads pursuant to this part, a county for which an authority has been created may:
(1) lend or donate money to the authority;
(2) provide that all or a portion of the taxes or funds available or required by law to be used by the county for railroad purposes be transferred to the authority as the funds become available to the county;
(3) furnish facilities or improvements that it is empowered to provide in connection with the railroad or railroad facilities;
(4) dedicate, sell, convey, or lease its interest in property or grant easements, licenses, or other rights or privileges to the authority;
(5) do all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of railroads and railroad facilities; and
(6) enter into agreements with the authority respecting action to be taken by the county pursuant to the provisions of this section.
History: En. Sec. 8, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1624. General powers of authority

7-14-1624. General powers of authority.
An authority has all the powers necessary to carry out the purposes of this part, including but not limited to the power to:
(1) sue and be sued, have a seal, and have perpetual succession;
(2) execute contracts and other instruments and take other action as may be necessary to carry out the purposes of this part;
(3) receive and disburse federal, state, and other funds, public or private, made available by grant, loan, contribution, tax levy, or other source to accomplish the purposes of this part. Federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state.
(4) sell, lease, or otherwise dispose of real or personal property acquired pursuant to this part. The disposal must be in accordance with the laws of this state governing the disposition of other public property.
History: En. Sec. 9, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1625. Railroad acquisition and operation -- permits -- eminent domain

7-14-1625. Railroad acquisition and operation -- permits -- eminent domain.
(1) Within the boundaries of the authority, the authority may establish, acquire, construct, purchase, improve, maintain, equip, operate, regulate, and protect railroads and railroad facilities, including but not limited to terminal buildings, roadways, crossings, bridges, causeways, tunnels, equipment, and rolling stock, that may be necessary to carry out the provisions of this part.
(2) The authority may apply to a public agency for permits and approvals required for the acquisition and operation of a railroad and take all actions necessary to comply with conditions required in a permit or approval.
(3) The authority may acquire property for a public use, as provided in Title 70, chapter 30, in the same manner as a county, except that the authority does not have the power of eminent domain with respect to property owned by another authority or by a political subdivision or property owned by a railroad corporation unless the interstate commerce commission or another entity with the power to make the finding has found that the public convenience and necessity permit discontinuance of rail service on the property.
History: En. Sec. 10, Ch. 333, L. 1993; amd. Sec. 9, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1631. Rules

7-14-1631. Rules.
An authority may adopt, amend, and repeal reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, or use of a railroad or railroad facility owned by or under its control. A rule, order, or standard prescribed by the authority may not be inconsistent with or contrary to an act of the congress of the United States or a regulation promulgated or standard established pursuant to an act of congress. The authority shall keep a copy of its rules on file for public inspection at the principal office of the authority, as determined by the directors.
History: En. Sec. 11, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1632. Mill levy authorized

7-14-1632. Mill levy authorized.
The authority may certify annually to the board of county commissioners the amount of money necessary for the operation of the authority. Upon approval by the electorate, the board shall annually, at the time of levying county taxes, fix and levy a tax in mills upon all property within the boundaries of the authority clearly sufficient to raise the amount certified by the authority.
History: En. Sec. 12, Ch. 333, L. 1993; amd. Sec. 44, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1633. Election required to impose mill levy

7-14-1633. Election required to impose mill levy.
(1) Before the levy provided for in 7-14-1632 may be made, the question must be submitted to a vote of the people at an election held pursuant to 15-10-425.
(2) Notice of the election, clearly stating the amount and the purpose of the levy, must be given, and the election must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. Sec. 13, Ch. 333, L. 1993; amd. Sec. 14, Ch. 495, L. 2001; amd. Sec. 45, Ch. 574, L. 2001; amd. Sec. 155, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1634. Collection of tax and disposition of funds

7-14-1634. Collection of tax and disposition of funds.
(1) The procedure for the collection of the tax must be in accordance with the existing laws of the state of Montana.
(2) The proceeds from the tax levy must be deposited in a special account in which other revenues of the authority are deposited and may be expended by the authority as provided for in this part.
History: En. Sec. 14, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1635. Contracts for operation and use of facilities

7-14-1635. Contracts for operation and use of facilities.
(1) In connection with the operation of a railroad or a railroad facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements:
(a) granting the privilege of operating or using the railroad or railroad facility;
(b) leasing a railroad for operation by the lessee. However, a person may not be authorized to operate a railroad other than as a common carrier.
(c) granting the privilege of supplying goods, commodities, services, or facilities along rail lines or in or upon other property; and
(d) making available services to be furnished by the authority or its agents.
(2) In each case, the authority may establish the terms and conditions and fix the charges, rentals, or fees that must be reasonable and uniform for the same class of privilege or service and that must be established with regard to the property and improvements used and the expenses of operation to the authority.
(3) The authority may remit funds available for investment to the state treasurer for investment under the direction of the board of investments as part of the pooled investment fund.
History: En. Sec. 15, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1636. Bonds and obligations

7-14-1636. Bonds and obligations.
(1) An authority may borrow money for any of its corporate purposes and issue bonds for its purposes, including refunding bonds, in a form and upon terms as it determines, payable out of any revenue of the authority, including revenue derived from:
(a) a railroad;
(b) taxes levied pursuant to 7-14-1632;
(c) grants or contributions from the federal government; or
(d) other sources.
(2) The bonds may be issued by resolution of the authority, without an election and without any limitation of amount, except that bonds may not be issued at any time if the total amount of principal and interest to become due in a year on the bonds and on any then-outstanding bonds for which revenue from the same source is pledged exceeds the amount of the revenue to be received in that year, as estimated in the resolution authorizing the issuance of the bonds. The authority shall take all action necessary and possible to impose, maintain, and collect rates, charges, and rentals and to request taxes, if any are pledged, sufficient to make the revenue from the pledged source in the year at least equal to the amount of principal and interest due in that year.
(3) The bonds may be sold at public or private sale and may bear interest as provided in 17-5-102. Bonds issued by an authority pursuant to this part may be payable as to principal and interest solely from revenue of the authority and must state on their face the applicable limitations or restrictions regarding the source from which the principal and interest are payable.
(4) Bonds issued by an authority pursuant to the provisions of this part are declared to be issued for an essential public and governmental purpose by a political subdivision.
(5) For the security of the bonds, the authority may by resolution make and enter into any covenant, agreement, or indenture and may exercise any additional powers authorized to be exercised by a municipality under Title 7, chapter 7, parts 44 and 45. The sums required from time to time to pay principal and interest and to create and maintain a reserve for the bonds may be paid from the revenue referred to in this part, prior to the payment of current costs of operation and maintenance of the facilities.
History: En. Sec. 16, Ch. 333, L. 1993; amd. Sec. 4, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1637. Debt service fund

7-14-1637. Debt service fund.
An authority may create a debt service fund and accumulate in the fund a sum determined by the directors, together with the interest on the sum, for the use, repair, maintenance, and capital outlay expenses of a railroad.
History: En. Sec. 17, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1638. Tax exemption

7-14-1638. Tax exemption.
Property in this state acquired by an authority for railroad purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as other property used for public purposes.
History: En. Sec. 18, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 16. Railway Authorities › 7-14-1639. Procedure to enlarge authority

7-14-1639. Procedure to enlarge authority.
(1) The directors of an authority may by resolution enlarge the boundaries of the authority in accordance with the procedures of notice and hearing in 7-14-1612.
(2) The property within an addition to the authority is subject to the existing indebtedness of the authority.
History: En. Sec. 19, Ch. 333, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2102. General powers relating to county roads -- assignment of responsibility

7-14-2102. General powers relating to county roads -- assignment of responsibility.
Each board of county commissioners may in its discretion do whatever may be necessary for the best interest of the county roads and the road districts. The board may assign responsibility for the supervision of county roads to a county surveyor or to a county road superintendent or may allocate the duties between the county surveyor and the county road superintendent.
History: En. Sec. 5-101, Ch. 197, L. 1965; amd. Sec. 104, Ch. 316, L. 1974; R.C.M. 1947, 32-2801(4); amd. Sec. 2, Ch. 336, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2103. Duties of county commissioners concerning county roads

7-14-2103. Duties of county commissioners concerning county roads.
(1) A board of county commissioners has general supervision over the county roads within the county.
(2) A board may survey, view, lay out, record, open, work, and maintain county roads that are established in accordance with this chapter. Guideposts must be erected.
(3) A board may discontinue or abandon county roads when real property owners properly petition for discontinuance or abandonment.
(4) A board of county commissioners may determine the level and scope of maintenance on a county road under its jurisdiction, and a local entity or the state may not withhold funds based on the board's maintenance determinations.
(5) A board of county commissioners may issue encroachment permits on request pursuant to 7-14-2134(6).
History: En. Sec. 5-101, Ch. 197, L. 1965; amd. Sec. 104, Ch. 316, L. 1974; R.C.M. 1947, 32-2801(part); amd. Sec. 1, Ch. 253, L. 1993; amd. Sec. 2, Ch. 440, L. 1999; amd. Sec. 2, Ch. 341, L. 2023; amd. Sec. 1, Ch. 556, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2104. Repealed

7-14-2104. Repealed.
Sec. 1, Ch. 211, L. 1979.
History: En. Sec. 1, Ch. 153, L. 1939; R.C.M. 1947, 17-609.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2105. Reports to department of transportation

7-14-2105. Reports to department of transportation.
(1) Each board of county commissioners shall make reports relating to roads under its supervision which are requested by the department of transportation.
(2) The board and the road supervisor of a county and all other officers who may have the care and supervision of the public highways and bridges shall, upon the written request of the department, furnish all available information in connection with the construction and maintenance of the highways and bridges in their respective districts or counties.
History: (1)En. Sec. 5-101, Ch. 197, L. 1965; amd. Sec. 104, Ch. 316, L. 1974; Sec. 32-2801, R.C.M. 1947; (2)En. Sec. 5-115, Ch. 197, L. 1965; amd. Sec. 107, Ch. 316, L. 1974; Sec. 32-2815, R.C.M. 1947; R.C.M. 1947, 32-2801(5), 32-2815; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2106. Parking regulations in unincorporated places

7-14-2106. Parking regulations in unincorporated places.
The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to establish by resolution parking regulations for the purpose of regulating the parking of motor vehicles in unincorporated towns and villages.
History: En. Subd. 2, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.1, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1951; R.C.M. 1947, 16-1002(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2107. Acquisition of right-of-way

7-14-2107. Acquisition of right-of-way.
(1) A board of county commissioners shall contract, agree for, purchase, or otherwise lawfully acquire right-of-way for county roads over private property. It may institute proceedings under Title 70, chapter 30, and pay for the right-of-way from the county road fund.
(2) A board shall acquire rights-of-way for county roads and discontinue or abandon them only on proper petition pursuant to Title 7, chapter 14, part 26.
(3) By taking or accepting interests in real property for county roads, the public acquires only the right-of-way and the incidents necessary to enjoying and maintaining it.
History: (1)En. Sec. 5-102, Ch. 197, L. 1965; Sec. 32-2802, R.C.M. 1947; (2), (3)En. Sec. 8-201, Ch. 197, L. 1965; Sec. 32-4001, R.C.M. 1947; R.C.M. 1947, 32-2802(part), 32-4001; amd. Sec. 3, Ch. 341, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2108. Recording of instruments related to acquisition of right-of-way

7-14-2108. Recording of instruments related to acquisition of right-of-way.
(1) When a right-of-way is voluntarily given or purchased, a written instrument conveying the right-of-way and incidents to the right-of-way must be signed and acknowledged by the person making it. The instrument must then be recorded in the office of the clerk of the county where the land is located.
(2) When a right-of-way is condemned pursuant to Title 70, chapter 30, a certified copy of the judgment of the court must be made. The copy must then be filed in the office of the clerk of the county where the land is located.
(3) Both types of instruments must particularly describe the land.
History: En. Sec. 8-212, Ch. 197, L. 1965; R.C.M. 1947, 32-4012; amd. Sec. 11, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2109. Transfer to state of county responsibility for right-of-way

7-14-2109. Transfer to state of county responsibility for right-of-way.
A board of county commissioners shall transfer its control over and responsibility for a county road when the department of transportation notifies it that:
(1) a federal or state highway has been established and definitely located over a county road;
(2) funds are available for immediate construction of the highway;
(3) the highway will be improved and maintained by the department.
History: En. Sec. 8-216, Ch. 197. L. 1965; amd. Sec. 149, Ch. 316, L. 1974; R.C.M. 1947, 32-4016; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2110. Preparation of plat books

7-14-2110. Preparation of plat books.
Each board of county commissioners may in its discretion order the county surveyor, or some other surveyor if the county surveyor is incompetent, to prepare suitable platbooks. Each board shall have recorded in it with the county clerk a full description of each county road, showing each course by bearing and distance, a full and complete map of the road, and a record of all proceedings with reference to the road.
History: En. Sec. 5-103, Ch. 197, L. 1965; amd. Sec. 2, Ch. 274, L. 1967; amd. Sec. 105, Ch. 316, L. 1974; R.C.M. 1947, 32-2803(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2111. Layout of roads

7-14-2111. Layout of roads.
County roads must be laid out and opened when practicable upon subdivision or section lines. However, when public purposes shall be best served thereby, roads may be laid out in diagonal lines.
History: En. Sec. 5-109, Ch. 197, L. 1965; R.C.M. 1947, 32-2809.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2112. Width of roads

7-14-2112. Width of roads.
(1) The width of all county roads, except bridges, alleys, or lanes, must be 60 feet unless a greater or smaller width is ordered by the board of county commissioners on petition of an interested person.
(2) The width of all private highways and byroads, except bridges, must be at least 20 feet.
(3) Nothing in this section shall be construed as increasing or decreasing the width of either kind of highway or road established or used as such prior to December 31, 1966.
History: En. Sec. 5-108, Ch. 197, L. 1965; R.C.M. 1947, 32-2808.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2113. County authority to establish speed limits

7-14-2113. County authority to establish speed limits.
A board of county commissioners may, by ordinance, establish a special speed limit in accordance with 61-8-310 on any county road.
History: En. Sec. 1, Ch. 614, L. 1985; amd. Sec. 1, Ch. 43, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2121. County road districts

7-14-2121. County road districts.
(1) The board of county commissioners may in its discretion divide the county into suitable road districts and place each district in the charge of a competent road supervisor. The board shall order and direct each supervisor in the work to be done in the district.
(2) If the board does not divide the county into districts, the county constitutes one road district.
History: En. Sec. 5-101, Ch. 197, L. 1965; amd. Sec. 104, Ch. 316, L. 1974; R.C.M. 1947, 32-2801(part); amd. Sec. 575, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2122. County road supervisor

7-14-2122. County road supervisor.
(1) Each board of county commissioners may in its discretion employ a competent road supervisor, who shall serve at the pleasure of the board. In a county in which the county surveyor is not paid an annual salary, the surveyor may by agreement be employed by the board to perform the services of road supervisor. The surveyor may not be paid for any duty otherwise required by law to be performed as county surveyor.
(2) Under the direction and control of the board, the road supervisor shall:
(a) prescribe the times and places for all work to be done on the county roads;
(b) report any delinquency or inefficiency of a person employed on a road;
(c) perform other duties that are prescribed by the board.
History: En. Sec. 5-103, Ch. 197, L. 1965; amd. Sec. 2, Ch. 274, L. 1967; amd. Sec. 105, Ch. 316, L. 1974; R.C.M. 1947, 32-2803(2), (3); amd. Sec. 576, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2123. Acquisition of machinery and materials

7-14-2123. Acquisition of machinery and materials.
(1) Out of the county road fund, a board of county commissioners may:
(a) purchase and operate grading and other machinery necessary or desirable for the improvement of the county roads;
(b) acquire deposits or quarries of suitable road-building material by purchase, condemnation pursuant to Title 70, chapter 30, or lease.
(2) A board may also acquire road-building material by gift.
History: En. Sec. 5-106, Ch. 197, L. 1965; R.C.M. 1947, 32-2806(1), (2); amd. Sec. 12, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2124. Disposition of surplus crushed rock and gravel

7-14-2124. Disposition of surplus crushed rock and gravel.
(1) Crushed rock or gravel not directly used or needed by the county in the construction, repair, or maintenance of its roads may be sold by the board of county commissioners at not less than actual cost of production to only a:
(a) person, firm, or corporation desiring to use it upon any public street or highway in the county; or
(b) landowner for personal use in an area within 5 miles of the opencut operation where the materials were mined.
(2) The proceeds of any sale must be paid into the county road fund.
History: En. Sec. 5-106, Ch. 197, L. 1965; R.C.M. 1947, 32-2806(3); amd. Sec. 1, Ch. 198, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2125. Inspection of roads and work on roads

7-14-2125. Inspection of roads and work on roads.
(1) The board of county commissioners may direct the county surveyor or some member or members of the board to inspect the condition of any road. It may direct such persons to inspect any work, being done under contract or otherwise, which is under the direction, supervision, or control of the board. Such inspections may be made before any work is commenced, during its progress, or after completion and before payment.
(2) Proper minute entries of such inspections must be made by the surveyor or board member or members at the next regular meeting of the board.
History: En. Sec. 5-105, Ch. 197, L. 1965; amd. Sec. 1, Ch. 178, L. 1967; amd. Sec. 1, Ch. 446, L. 1973; R.C.M. 1947, 32-2805(1), (3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2126. Compensation for making inspections

7-14-2126. Compensation for making inspections.
The person making the inspections authorized by 7-14-2125 shall receive a daily salary equal to the equivalent of a daily rate for the salary established in 7-4-2107(2) and actual expenses if the person does not receive other compensation for that day and is not on an annual salary. The claims must be audited and allowed in the same manner as other claims against the county.
History: En. Sec. 5-105, Ch. 197, L. 1965; amd. Sec. 1, Ch. 178, L. 1967; amd. Sec. 1, Ch. 446, L. 1973; R.C.M. 1947, 32-2805(2); amd. Sec. 2, Ch. 264, L. 1985; amd. Sec. 6, Ch. 507, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2127. Temporary limitation or prohibition of traffic

7-14-2127. Temporary limitation or prohibition of traffic.
(1) A board of county commissioners may in its discretion limit or forbid, temporarily, any traffic or class of traffic on the county roads or any part of a county road when it is necessary in order to preserve or repair the roads.
(2) A board of county commissioners may temporarily close a county road or bridge or any part of a county road for maintenance or repair if the board determines that the road or bridge is unsafe. This temporary closure is not considered abandonment. The board of county commissioners shall erect signs indicating that the road is closed.
History: En. Sec. 5-102, Ch. 197, L. 1965; R.C.M. 1947, 32-2802(4); amd. Sec. 3, Ch. 440, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2128. Designation of emergency area near construction project

7-14-2128. Designation of emergency area near construction project.
(1) A board of county commissioners may designate a portion of a county or state secondary road as an emergency area if increased traffic due to a construction project threatens public safety.
(2) Notice of the designation shall be printed in a newspaper of general circulation in the county. The notice shall describe the portion of road to be designated as an emergency area and the reason for the designation. The board shall post the area or roads affected with adequate signs.
(3) The board shall remove the emergency designation within 30 days after the cessation of the increased traffic.
History: (1)En. Sec. 1, Ch. 118, L. 1963; Sec. 32-317, R.C.M. 1947; redes. 32-2816 by Sec. 2, Ch. 316, L. 1974; Sec. 32-2816, R.C.M. 1947; (2), (3)En. Sec. 2, Ch. 118, L. 1963; Sec. 32-318, R.C.M. 1947; amd. and redes. 32-2817 by Sec. 3, Ch. 316, L. 1974; Sec. 32-2817, R.C.M. 1947; R.C.M. 1947, 32-2816, 32-2817.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2129. Control of livestock in emergency area

7-14-2129. Control of livestock in emergency area.
(1) A person who owns or has custody of livestock may not permit the livestock to run upon the emergency area unless the livestock is under herd in transit across the emergency area in the custody of an attendant.
(2) A sheriff or other peace officer may impound livestock running on an emergency area without an attendant and shall notify the rightful owner of such impounded livestock. If the sheriff or peace officer cannot determine the rightful owner, then a state stock inspector of the department of livestock or a deputy state stock inspector of the county may be called to examine the livestock for brands to determine ownership. The rightful owners shall be notified by the inspector, and the usual inspection fees and mileage shall be paid by the owner of such livestock.
(3) A person who violates subsection (1) is guilty of a misdemeanor and shall be fined not less than $10 or more than $50 for each violation.
History: (1)En. Sec. 3, Ch. 118, L. 1963; Sec. 32-319, R.C.M. 1947; amd. and redes. 32-2818 by Sec. 4, Ch. 316, L. 1974; Sec. 32-2818, R.C.M. 1947; (2)En. Sec. 4, Ch. 118, L. 1963; Sec. 32-320, R.C.M. 1947; amd. and redes. 32-2819 by Sec. 5, Ch. 316, L. 1974; Sec. 32-2819, R.C.M. 1947; (3)En. Sec. 5, Ch. 118, L. 1963; Sec. 32-321, R.C.M. 1947; amd. and redes. 32-2820 by Sec. 6, Ch. 316, L. 1974; Sec. 32-2820, R.C.M. 1947; R.C.M. 1947, 32-2818, 32-2819, 32-2820.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2130. Control of the movement of livestock on or near county roads

7-14-2130. Control of the movement of livestock on or near county roads.
(1) Cattle guards, appurtenances, and gates may be constructed and maintained adjacent to county roads.
(2) Where a county road connects with a state or federal highway which is fenced on both sides, the board of county commissioners may construct and maintain extensions of the fence across the right-of-way of the intersecting county road. The board shall construct a pass which will permit passage of vehicles but will prevent loose livestock from passing onto the state or federal highway. In the extensions of the fence, there shall be maintained a gate to permit the passage of livestock and vehicles.
(3) Each board may construct on county roads passes which shall permit the travel of vehicles but which shall prevent the passage of loose livestock. Where necessary, gates shall be maintained to permit the passage of livestock. Such passes may be removed when, in the judgment of the board, the need therefor no longer exists.
History: (1)En. Sec. 5-102, Ch. 197, L. 1965; Sec. 32-2802, R.C.M. 1947; (2)En. Sec. 5-110, Ch. 197, L. 1965; Sec. 32-2810, R.C.M. 1947; (3)En. Sec. 5-111, Ch. 197, L. 1965; Sec. 32-2811, R.C.M. 1947; R.C.M. 1947, 32-2802(part), 32-2810, 32-2811.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2131. Reseeding of right-of-way

7-14-2131. Reseeding of right-of-way.
Whenever the natural sod cover on right-of-way areas is disturbed by construction of county roads, irrigation ditches, drain ditches, or otherwise, the board of county commissioners shall require the person or agency responsible for the disturbance to comply with 7-22-2152.
History: En. Sec. 5-113, Ch. 197, L. 1965; R.C.M. 1947, 32-2813; amd. Sec. 26, Ch. 607, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2132. Control of weeds along roads and highways

7-14-2132. Control of weeds along roads and highways.
(1) The district weed board shall control noxious weeds on the county roads.
(2) If the department of transportation does not control noxious weeds on state and federal highways in any county, the district weed board shall control them. Upon presentation by the board of a verified account of the expenses incurred, the costs of control shall be paid by the department.
History: En. Sec. 5-114, Ch. 197, L. 1965; amd. Sec. 106, Ch. 316, L. 1974; R.C.M. 1947, 32-2814; amd. Sec. 27, Ch. 607, L. 1985; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2133. Removal of obstructions on county roads

7-14-2133. Removal of obstructions on county roads.
(1) When a county road becomes obstructed, the board of county commissioners, or the county surveyor if the surveyor is in charge, shall remove the obstruction upon being notified of the obstruction.
(2) This section does not hold the board or any member responsible or liable for anything other than willful, intentional neglect or failure to act.
(3) For the purposes of this section, "obstruction" means an obstacle, such as a rock or a fallen tree, that if not removed would remain in the road indefinitely. The word does not mean snow, ice, or any other obstacle that will melt or dissipate on its own accord.
History: En. Sec. 5-204, Ch. 197, L. 1965; R.C.M. 32-2904(part); amd. Sec. 1, Ch. 245, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2134. Removal of highway encroachment

7-14-2134. Removal of highway encroachment.
(1) Except as clarified in 23-2-312 and 23-2-313 and except as provided in subsection (5) of this section, if any highway is encroached on by a gate, fence, building, or otherwise, the road supervisor or county surveyor of the district shall give notice, orally or in writing, requiring the encroachment to be removed from the highway.
(2) If the encroachment obstructs and prevents the use of the highway for vehicles, the road supervisor or county surveyor shall immediately remove the encroachment.
(3) The board of county commissioners may at any time order the road supervisor or county surveyor to immediately remove any encroachment.
(4) An individual may petition the board in writing to have the encroachment removed from a highway that is a county road as defined in 7-14-2101(4)(b)(i), (4)(b)(ii), or (4)(b)(iii).
(5) This section does not apply to a fence for livestock control or property management that is in a county road right-of-way and that is attached to or abuts a county road bridge edge, guardrail, or abutment if the fence and bridge appurtenances are not on the roadway, as defined in 61-1-101. Any fence described in this subsection must comply with 23-2-313.
(6) An encroachment may be permitted by the board of county commissioners. A permit issued under this subsection (6) must be issued by the board of county commissioners after evaluating the written request in a public meeting. Encroachment permits issued by the board of county commissioners may be revoked by giving, at a minimum, 30 days' notice to the permittee in the event the encroachment interferes with the public use or maintenance of the road. In the event of an emergency, an encroachment may be removed with no notice to the permittee.
History: En. Sec. 11-105, Ch. 197, L. 1965; R.C.M. 1947, 32-4405; amd. Sec. 1, Ch. 201, L. 2009; amd. Sec. 2, Ch. 556, L. 2023; amd. Sec. 1, Ch. 570, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2135. Notice to remove encroachment

7-14-2135. Notice to remove encroachment.
(1) Except as provided in 7-14-2134(6), notice to remove the encroachment immediately, specifying the breadth of the highway and the place and extent of the encroachment, must be given to the occupant or owner of the land or the person owning or causing the encroachment.
(2) Notice must be given in the following manner:
(a) by leaving it at the occupant's or owner's place of residence if the person resides in the county; or
(b) by posting it on the encroachment if the person does not reside in the county.
History: En. Sec. 11-106, Ch. 197, L. 1965; R.C.M. 1947, 32-4406; amd. Sec. 577, Ch. 61, L. 2007; amd. Sec. 3, Ch. 556, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2136. Penalty for failure to remove encroachment promptly

7-14-2136. Penalty for failure to remove encroachment promptly.
If the encroachment is not removed immediately or removal is not diligently conducted, the one who causes, owns, or controls the encroachment is subject to a penalty of $100 for each day the encroachment continues.
History: En. Sec. 11-107, Ch. 197, L. 1965; R.C.M. 1947, 32-4407; amd. Sec. 2, Ch. 570, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2137. Legal actions to remove encroachments or recover costs

7-14-2137. Legal actions to remove encroachments or recover costs.
(1) (a) If the encroachment is denied, the road supervisor shall commence an action in the proper court to abate the encroachment as a nuisance.
(b) If the road supervisor recovers judgment, the supervisor may have the supervisor's costs and $100 for each day the nuisance remains after notice.
(2) (a) If the encroachment is not denied and is not removed for 5 days after notice is complete, the road supervisor or county surveyor may remove it at the expense of the owner or occupant of the land or of the person owning or controlling the encroachment.
(b) The supervisor may recover the expense of removal, $100 for each day the encroachment remains after notice, and costs in an action brought for that purpose.
History: En. Sec. 11-108, Ch. 197, L. 1965; R.C.M. 1947, 32-4408; amd. Sec. 578, Ch. 61, L. 2007; amd. Sec. 3, Ch. 570, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2138. Prosecution by county attorney

7-14-2138. Prosecution by county attorney.
(1) The county attorney, upon complaint of the road supervisor, county surveyor, or any other person, shall prosecute all actions provided in Title 7, chapter 14, parts 21 through 26 and 28, in the name of the state of Montana.
(2) All penalties, except those paid to a justice's court, must be paid into the general fund of the county.
History: En. Sec. 11-109, Ch. 197, L. 1965; R.C.M. 1947, 32-4409; amd. Sec. 2, Ch. 557, L. 1987; amd. Sec. 30, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2139. Procedure to make excavations across highway

7-14-2139. Procedure to make excavations across highway.
(1) (a) Any person contemplating the excavation or construction of any ditch, dike, flume, or canal across a public highway shall obtain a written permit from the board of county commissioners, road supervisor, or county surveyor of said district before beginning construction or excavation.
(b) Any person obtaining said written permit shall bridge at once, in accordance with plans and specifications furnished by the board.
(2) Any such bridge shall be maintained by the county.
History: En. Sec. 11-103, Ch. 197, L. 1965; R.C.M. 1947, 32-4403(1), (2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2140. Prevention of water flow over highway

7-14-2140. Prevention of water flow over highway.
Any person obtaining a construction permit or any person using the water of a ditch, dike, flume, or canal referred to in 7-14-2139 shall keep the same in repair where such water may flow over or in any way injure a public highway.
History: En. Sec. 11-103, Ch. 197, L. 1965; R.C.M. 1947, 32-4403(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2141. Liability for permitting water to overflow

7-14-2141. Liability for permitting water to overflow.
(1) Every person who excavates or constructs or owns any ditch, dike, flume, or canal or stores, distributes, or uses water for any purpose and permits the water to flow over any public highway to the injury thereof, upon notification by the board of county commissioners, road supervisor, or county surveyor of the district where such overflow occurred, must repair the damages occasioned. If such repairs are not made within a reasonable time, the district must make them and recover the expense thereof in an action at law.
(2) Every person constructing, owning, or using such ditch or flume who permits an overflow is liable as provided in 45-8-111.
History: En. Sec. 11-104, Ch. 197, L. 1965; R.C.M. 1947, 32-4404.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 21. General Provisions Related to County Roads › 7-14-2142. Use of Montana-made wooden materials in county road projects

7-14-2142. Use of Montana-made wooden materials in county road projects.
When the board of county commissioners authorizes a construction or reconstruction project on a county road, it shall require the use of Montana-made wooden guardrail posts, fenceposts, and signposts when appropriate and when the cost of wooden materials is less than or equal to the cost of other materials.
History: En. Sec. 1, Ch. 180, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 22. General Provisions Related to Bridges › 7-14-2201. Maintenance and control of bridges

7-14-2201. Maintenance and control of bridges.
(1) Each board of county commissioners shall maintain all public bridges other than those maintained by the department of transportation.
(2) The board shall manage and control all bridges referred to in this part. It shall direct the method and time of making repairs, planking, replanking, paving, and repaving.
(3) (a) Whenever a bridge needs repair or becomes dangerous for the passage of vehicles or persons, the board, or the county surveyor if the surveyor is in charge, shall repair the bridge upon being notified of the need for repair.
(b) This subsection (3) may not be construed as holding the board or any member responsible or liable for anything other than willful, intentional neglect or failure to act.
(4) In this part, "public bridges" means public bridges located in towns or cities and bridges located on county roads maintained by the county.
History: (1)En. Sec. 5-201, Ch. 197, L. 1965; amd. Sec. 108, Ch. 316, L. 1974; Sec. 32-2901, R.C.M. 1947; (2)En. Sec. 5-205, Ch. 197, L. 1965; Sec. 32-2905, R.C.M. 1947; (3)En. Sec. 5-204, Ch. 197, L. 1965; Sec. 32-2904, R.C.M. 1947; R.C.M. 1947, 32-2901, 32-2904(part), 32-2905(1); (4)En. Sec. 1, Ch. 194, L. 1979; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 579, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 22. General Provisions Related to Bridges › 7-14-2202. Construction and maintenance of bridges crossing county lines

7-14-2202. Construction and maintenance of bridges crossing county lines.
Bridges crossing the line between counties shall be constructed and maintained by the counties into which the bridges reach. Each county shall pay such portion of the costs of construction and maintenance as shall have been previously agreed upon by the respective boards.
History: En. Sec. 5-206, Ch. 197, L. 1965; R.C.M. 1947, 32-2906.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 22. General Provisions Related to Bridges › 7-14-2203. Repairs to streambeds, watercourses, and banks

7-14-2203. Repairs to streambeds, watercourses, and banks.
The board of county commissioners may also make repairs to streambeds and watercourses and the banks thereof when any bridge is in danger of being damaged or lost because of erosion or changes in the beds or banks.
History: En. Sec. 5-205, Ch. 197, L. 1965; R.C.M. 1947, 32-2905(2).