reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2209. Hearing and notice on petition

7-2-2209. Hearing and notice on petition.
(1) Upon the filing of the petition and affidavit with the clerk of the board of county commissioners, the clerk shall fix a date to hear the petition and any opponents to the petition. The date must be not later than 30 days after the filing of the petition with the clerk of the board.
(2) The county clerk shall also publish a notice as provided in 7-1-2121 in the old counties and also within the boundaries of the proposed new county. The notice must be published in substantially the following form:
NOTICE
Notice is hereby given that a petition has been presented to the board of county commissioners of .... County (naming the county represented by the board of county commissioners with which the petition was filed), requesting the formation of a new county out of portions of .... County and .... County (naming the county or counties of which it is proposed to form the new county), and that the petition will be heard by the board of county commissioners at its place of meeting (designating the city or town and the day and hour of the meeting), when and where all persons interested may appear and oppose the granting of the petition and make any objections to the petition.
Dated .... at ...., Montana
....., County Clerk
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(part); amd. Sec. 1, Ch. 220, L. 1985; amd. Sec. 5, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2210. Repealed

7-2-2210. Repealed.
Sec. 19, Ch. 742, L. 1985.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2211. Hearing on petition -- protest

7-2-2211. Hearing on petition -- protest.
(1) At the time fixed for the hearing, the board of county commissioners shall hear the petitioners and any opponents and protestants upon the petition or protests filed on or before the time fixed for the hearing. The board may adjourn the hearing from time to time, but not for more than 10 days after the time fixed for the hearing, and shall receive the proof to establish or controvert the facts set forth in the petition.
(2) (a) No petition, protest, or petition for the exclusion of territory may be considered unless it is filed at least 1 day before the time fixed for the hearing.
(b) A petition for the exclusion of territory shall contain the names of not less than 50% of the registered electors of any territory to be excluded.
(c) All such territory being excluded must be in one block containing an area of not less than 36 square miles and be totally within one county and contiguous thereto.
(3) No withdrawals of signatures to the original petition for the creation of a proposed county shall be filed or considered which have not been filed with the county clerk on or before the date fixed for the hearing. No withdrawals of any signatures from the petition for the exclusion of territory may be received or considered which are not filed within 5 days after the filing of the petition for such exclusion of territory.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(3); amd. Sec. 3, Ch. 250, L. 1979; amd. Sec. 265, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2212. Exclusions and additions of territory upon petition

7-2-2212. Exclusions and additions of territory upon petition.
(1) Except as provided in subsection (3), on final hearing, the board of commissioners, upon petition of not less than 50% of the registered electors (as shown by the official registration records on the day of the filing of the petition) of any territory lying within the proposed new county and contiguous to the boundary line of the proposed new county and of the old county from which such territory is proposed to be taken and lying entirely within the single old county and described in the petition, asking that this territory not be included within the proposed new county, must make such changes in the proposed boundaries as will exclude the territory from the new county and shall establish and define the boundaries. Petitions for exclusion shall be disposed of in the order in which they are filed with the clerk of the board.
(2) Except as provided in subsection (3), on final hearing, the board, upon petition of not less than 50% of the registered electors of any territory lying outside the proposed new county and contiguous to the boundary line of the proposed new county and of the old county or counties from which such territory is proposed to be taken, asking that this territory be included within the proposed new county, must make such changes in the proposed boundaries as will include such territory in the new county and shall establish and define the boundaries.
(3) (a) The segregation of the territory from any old county or counties may not leave the county or counties with less than $12 million of assessed valuation, based upon the last assessment roll.
(b) No change or changes so made may result in reducing the valuation of the proposed new county to less than an assessed valuation of $10 million, inclusive of all assessed valuation.
(c) No change may be made which leaves the territory so excluded separate and apart from and without the county of which it was formerly a part.
(4) On final determination of boundaries, no changes in the boundaries originally proposed may be made except as prayed for in the petition or petitions or to correct clerical errors or uncertainties.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(5); amd. Sec. 4, Ch. 250, L. 1979; amd. Sec. 266, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2213. Resolution of board of county commissioners

7-2-2213. Resolution of board of county commissioners.
The board of county commissioners, on the final hearing of the petition or petitions, shall, by a resolution entered on its minutes, determine:
(1) the boundaries of the proposed new county, and the boundaries determined by the board must be the boundaries of the proposed new county if it is created as provided in this part;
(2) whether the petition contains the genuine signatures of at least 50% of the registered electors of the proposed new county as required in this part or, in cases where separate petitions are presented from portions of two or more existing counties as required in this part, whether each petition is signed by at least 50% of the registered electors of that portion of each of the existing counties that is proposed to be taken into the proposed new county;
(3) whether any line of the proposed new county passes within 15 miles of the courthouse situated at the county seat of any county proposed to be divided, except as otherwise provided;
(4) whether the proposed new county and affected existing counties meet the limitations contained in 7-2-2202;
(5) the name of the proposed new county as stated in the petition; and
(6) whether the area embraced within the proposed new county will be reasonably compact.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(4); amd. Sec. 267, Ch. 571, L. 1979; amd. Sec. 7, Ch. 16, L. 1991; amd. Sec. 3, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2214. Repealed

7-2-2214. Repealed.
Sec. 63, Ch. 16, L. 1991.
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(1); amd. Sec. 268, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2215. Election on question of creating new county -- proclamation and notice

7-2-2215. Election on question of creating new county -- proclamation and notice.
(1) Within 2 weeks after the determination that the signatures on the petition are valid and sufficient, the board of county commissioners shall order and give notice of an election to be held for the purpose of determining whether the territory proposed to be taken from the county is to be established and organized into a new or enlarged county, for the election of officers, and for the location of a county seat if the vote at the election is in favor of the question.
(2) The election must be conducted in accordance with Title 13, chapter 1, part 4.
(3) All registered electors of the county are entitled to vote at the election.
(4) If the proposed new county is an existing county to be enlarged by territory taken from the county in which the petition was filed, the board of county commissioners of the proposed new county shall also hold an election in the manner described in subsections (1) through (3).
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(part); amd. Sec. 269, Ch. 571, L. 1979; amd. Sec. 9, Ch. 742, L. 1985; amd. Sec. 1, Ch. 387, L. 1995; amd. Sec. 19, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2216. Establishment of election precincts

7-2-2216. Establishment of election precincts.
The board of county commissioners of the county in which the petition was filed shall also, if necessary for the purpose of the election provided for in 7-2-2215(1), change the boundaries of the election precincts in the old county to make the same conform to the boundaries of the proposed new county, provided that the boundary lines of no such precinct shall extend beyond the boundary lines of the then-existing county in which it is located and from which the territory is proposed to be taken.
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(part); amd. Sec. 10, Ch. 742, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2217. Appointment of election officials

7-2-2217. Appointment of election officials.
The board of county commissioners of the county concerned shall appoint election judges to act at the election provided for in 7-2-2215(1) or 7-2-2215(4) and to be paid by the board.
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(part); amd. Sec. 270, Ch. 571, L. 1979; amd. Sec. 11, Ch. 742, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2218. Form of ballot

7-2-2218. Form of ballot.
(1) If the proposed new county is to be formed from one county or from portions of two or more existing counties, the ballot must be in the following form:
(a) notice required by 7-2-2215 must require the electors to cast ballots that contain the words "For the new county of.... (giving the name of the proposed new county) -- Yes" and "For the new county of.... (giving the name of the proposed new county) -- No".
(b) The ballots must also contain the names of individuals to be voted for to fill the various elective offices designated in the notice.
(c) There must also be printed upon the ballot the words "For the county seat" and the names of all cities or towns that may have filed with the election administrator a petition, signed by at least 25 registered electors, nominating any city or town within the proposed new county for the county seat. The elector shall designate the elector's choice for county seat by marking a cross (X) opposite the name of the city or town for which the elector desires to cast a vote.
(2) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, the notice required by 7-2-2215(1) must require the electors to cast ballots that must contain the legal description of the territory to be taken from the county in which the election is held, together with any name or names for the territory that may be in common use, and the words "For the territory described (or commonly known as....) to be detached from.... County and added to.... County -- Yes" and "For the territory described (or commonly known as....) to be detached from.... County and added to.... County -- No".
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(part); amd. Sec. 271, Ch. 571, L. 1979; amd. Sec. 12, Ch. 742, L. 1985; amd. Sec. 30, Ch. 42, L. 1997; amd. Sec. 4, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2219. Repealed

7-2-2219. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; R.C.M. 1947, 16-505(part); amd. Sec. 5, Ch. 250, L. 1979; amd. Sec. 272, Ch. 571, L. 1979; amd. Sec. 13, Ch. 742, L. 1985; amd. Sec. 31, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2220. Cost of election

7-2-2220. Cost of election.
The expense of said election shall be paid by the county calling such election, and any other county affected thereby shall pay its proportion thereof as provided in 7-2-2244.
History: En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; R.C.M. 1947, 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2221. Determination of county seat -- temporary county seat

7-2-2221. Determination of county seat -- temporary county seat.
(1) If the proposed new county is to be formed from one county or from portions of two or more existing counties, the question of the election of the county seat is hereby provided to be submitted to the qualified electors of the proposed new county at the election provided for in 7-2-2215(1), and the majority of all the votes cast therefor shall determine the election thereon.
(2) (a) In case any city or town fails to receive a majority of all the votes cast, then the city or town receiving the highest number of all votes cast shall be designated as the temporary county seat. The temporary county seat selected upon the organization of such county shall remain as such county seat until the permanent county seat shall be established as provided by law.
(b) In case any city or town is not the choice of the election for the county seat by a majority of all the votes cast, the question of choice between the two cities or towns for which the highest number of votes shall have been cast shall be submitted in like manner to the qualified electors at the next general election thereafter.
(c) When the county seat shall have been selected as herein provided, it shall not thereafter be changed except in the manner provided by law.
(3) If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, the question of the election of the county seat may not be submitted to the electors at the election provided for in 7-2-2215.
History: Ap. p. Sec. 3, Ch. 226, L. 1919; re-en. Sec. 4394, R.C.M. 1921; re-en. Sec. 4394, R.C.M. 1935; amd. Sec. 8, Ch. 406, L. 1973; Sec. 16-505, R.C.M. 1947; Ap. p. Sec. 1, Ch. 16, Ex. L. 1919; re-en. Sec. 4392, R.C.M. 1921; re-en. Sec. 4392, R.C.M. 1935; Sec. 16-503, R.C.M. 1947; R.C.M. 1947, 16-503(part), 16-505(part); amd. Sec. 14, Ch. 742, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2222. Effect of election -- resolution by county commissioners

7-2-2222. Effect of election -- resolution by county commissioners.
(1) If, upon the canvass of the votes cast at the election, it appears that more than 50% of the votes cast by those voting in an election under 7-2-2215(1) in the county, by those voting in the same election in the territory proposed to be taken from the county, and by those voting in an election held under 7-2-2215(4) are affirmative, the board of county commissioners shall, by a resolution entered upon its minutes:
(a) declare the new or enlarged county duly formed and created as a county of this state under the name of .... County;
(b) if appropriate, declare that the city or town receiving the highest number of votes cast at the election for county seat is the county seat of the county until removed in the manner provided by law; and
(c) declare the individuals receiving, respectively, the highest number of votes for the offices to be filled at the election to be duly elected to the offices.
(2) If upon the canvass it appears that more than 50% of the votes cast on the issue by those voting in the county, by those voting in the territory proposed to be taken from the county, or by those voting in an election held under 7-2-2215(4) are negative, the board canvassing the vote shall pass a resolution in accordance with the vote and the proceedings relating to division of the county or counties must cease. No other proceedings in relation to any other division of the old county or counties may be instituted for at least 4 years after the determination.
History: En. Sec. 4, Ch. 226, L. 1919; re-en. Sec. 4395, R.C.M. 1921; re-en. Sec. 4395, R.C.M. 1935; amd. Sec. 9, Ch. 406, L. 1973; R.C.M. 1947, 16-506(part); amd. Sec. 273, Ch. 571, L. 1979; amd. Sec. 15, Ch. 742, L. 1985; amd. Sec. 5, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2223. Procedure to complete creation of county

7-2-2223. Procedure to complete creation of county.
(1) The board of county commissioners shall immediately file a copy of its resolution, authorized by 7-2-2222(1) and certified, together with a legal description of the new boundaries of each affected county, in the office of the secretary of state. Ninety days after the date of filing:
(a) the new county is considered to be fully created;
(b) the organization of the new county is considered completed; and
(c) any new county officers, other than the county commissioners and the county clerk, are entitled to enter upon the duties of their respective offices upon qualifying in accordance with law and giving bonds for the faithful performance of their duties, as required by the laws of the state.
(2) The election administrator of the county with which the petition was filed shall immediately make out and deliver to each of the individuals declared and designated to be elected a certificate of election authenticated by the administrator's signature and the seal of the county. The individuals elected members of the board and the county clerk shall, immediately upon receiving their certificates of election, assume the duties of their respective offices.
History: En. Sec. 4, Ch. 226, L. 1919; re-en. Sec. 4395, R.C.M. 1921; re-en. Sec. 4395, R.C.M. 1935; amd. Sec. 9, Ch. 406, L. 1973; R.C.M. 1947, 16-506(part); amd. Sec. 6, Ch. 250, L. 1979; amd. Sec. 274, Ch. 571, L. 1979; amd. Sec. 16, Ch. 742, L. 1985; amd. Sec. 267, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2224. Offices and supplies for new county

7-2-2224. Offices and supplies for new county.
If the new county has a new county seat under 7-2-2221, the board of county commissioners of the new county may provide a suitable place for the county officers and purchase supplies necessary for the proper conduct of the county government.
History: En. Sec. 4, Ch. 226, L. 1919; re-en. Sec. 4395, R.C.M. 1921; re-en. Sec. 4395, R.C.M. 1935; amd. Sec. 9, Ch. 406, L. 1973; R.C.M. 1947, 16-506(part); amd. Sec. 7, Ch. 250, L. 1979; amd. Sec. 17, Ch. 742, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2225. Officers of new county

7-2-2225. Officers of new county.
(1) Except as provided in subsections (2) through (4), at the election provided for in 7-2-2215, there must be chosen a board of county commissioners and other county and district officers as are provided by law.
(2) All elected, qualified, and acting officers of the county or counties who reside within the proposed new county are considered to be officers of the new county if they file, within 5 days after the final hearing and determination of the petition for the proposed new county, with the board of county commissioners whose duty it is to call the election. Filing with the board is the officers' declaration of intent to become officers of the proposed new county. The board issuing the proclamation of the election may not provide for the election of any officers who have filed their declaration to continue in office.
(3) All elected, qualified, and acting justices of the peace residing within the proposed new county shall hold office as justices of the peace in the new county for the remainder of the term for which they were elected.
(4) All elected, qualified, and acting school trustees residing within the proposed new county at the time of the division of the county into school districts, as provided in Title 20, chapter 6, shall hold office as school trustees in the new county for the remainder of the term for which they were elected on qualifying as school trustees for the respective districts in which they reside, as these districts are organized.
(5) The officers elected or appointed under the provisions of this part shall perform the duties and receive the compensation provided by general law for the office to which they have been appointed or elected in the counties of the class to which the new county belongs.
History: En. Sec. 5, Ch. 226, L. 1919; re-en. Sec. 4396, R.C.M. 1921; re-en. Sec. 4396, R.C.M. 1935; amd. Sec. 1, Ch. 253, L. 1975; R.C.M. 1947, 16-507(part); amd. Sec. 8, Ch. 250, L. 1979; amd. Sec. 8, Ch. 16, L. 1991; amd. Sec. 6, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2226. Term of office for initial officers of new county

7-2-2226. Term of office for initial officers of new county.
All the officers elected at said election or appointed under this part shall hold their offices until the time provided by general law for the election and qualification of such officers in this state and until their successors are elected and qualified. For the purpose of determining the term of office of such officers, the years said officers are to hold office are to be computed from and including the first Monday after January 1 following the preceding general election.
History: En. Sec. 4, Ch. 226, L. 1919; re-en. Sec. 4395, R.C.M. 1921; re-en. Sec. 4395, R.C.M. 1935; amd. Sec. 9, Ch. 406, L. 1973; R.C.M. 1947, 16-506(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2227. Qualification, oath of office, and bond

7-2-2227. Qualification, oath of office, and bond.
(1) Each person elected or appointed to fill an office of a new county under the provisions of this part shall qualify in the manner provided by law for that officer, except as otherwise provided in this part, and shall enter upon the discharge of the duties of the office within the time provided in this part after the receipt of the certificate of election.
(2) Each of the officers may take the oath of office before any officer authorized by the laws of Montana to administer oaths.
(3) The bond of any officer from which a bond is required must be approved by a judge of the district court of the district to which the new county is attached for judicial purposes.
History: En. Sec. 5, Ch. 226, L. 1919; re-en. Sec. 4396, R.C.M. 1921; re-en. Sec. 4396, R.C.M. 1935; amd. Sec. 1, Ch. 253, L. 1975; R.C.M. 1947, 16-507(part); amd. Sec. 268, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2228. Judicial district for new county

7-2-2228. Judicial district for new county.
A new county, when created and organized pursuant to this part, must be attached to the judicial district designated by the governor in a proclamation designating the new county as attached to the particular judicial district for judicial purposes.
History: En. Sec. 5, Ch. 226, L. 1919; re-en. Sec. 4396, R.C.M. 1921; re-en. Sec. 4396, R.C.M. 1935; amd. Sec. 1, Ch. 253, L. 1975; R.C.M. 1947, 16-507(part); amd. Sec. 269, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2241. Commission to determine and adjust indebtedness and assessments for old and new counties

7-2-2241. Commission to determine and adjust indebtedness and assessments for old and new counties.
(1) It shall be the duty of the persons elected to or continuing to hold the office of county commissioner of said new county to meet at the county seat thereof within 5 days after all of them shall have qualified, and upon organization of said board of county commissioners, it shall notify the governor of the state of the organization of said county. Thereupon, it shall be the duty of the governor to appoint three persons, one of whom shall be a resident and a taxpayer within the new county and no two of whom shall be from any one county, to form and be a board of commissioners.
(2) The proceedings required in 7-2-2244 through 7-2-2246 to be taken in the ascertainment and adjustment of property rights and debts shall be had and taken as between said new county and each of the counties from which territory is taken to form said new county in the manner and at the ratio provided in 7-2-2244 through 7-2-2246.
History: (1)En. Sec. 6, Ch. 226, L. 1919; re-en. Sec. 4397, R.C.M. 1921; re-en. Sec. 4397, R.C.M. 1935; Sec. 16-510, R.C.M. 1947; (2)En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; Sec. 16-511, R.C.M. 1947; R.C.M. 1947, 16-510(part), 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2242. Conduct of business by commission

7-2-2242. Conduct of business by commission.
(1) The commissioners provided for in 7-2-2241 shall, within 10 days after the notice of the appointment, meet at the county seat of the new county and organize by electing from their number a presiding officer and also by electing a secretary, who may not be a member of the commission. Thereafter, the commission may meet at a place that it may select. A majority of the commissioners constitutes a quorum for the transaction of business.
(2) (a) The commission may compel by citation or subpoena, signed by its presiding officer and secretary, the attendance of persons and the production of books and papers before the commission that may be required in the performance of the duties imposed by this part, except that the official records of any county or counties from which the new county was formed may not be taken away from the county seat of the original county.
(b) It is the duty of the sheriff of any county to execute in that county all lawful orders and citations of the commission, and for the services performed, the sheriff is allowed the same fees that are allowed for services in civil actions.
(c) All witnesses attending before the commission are entitled to the same compensation and mileage that is allowed to witnesses in courts of record. A witness may not be excused from attendance at the time and place mentioned in the order or citation by reason of the failure of the officer making the service to tender to the witness fees and mileage in advance.
History: En. Sec. 6, Ch. 226, L. 1919; re-en. Sec. 4397, R.C.M. 1921; re-en. Sec. 4397, R.C.M. 1935; R.C.M. 1947, 16-510(part); amd. Sec. 270, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2243. Compensation of commission members

7-2-2243. Compensation of commission members.
Members of the board of commissioners provided for under 7-2-2241 shall receive a compensation of not to exceed $25 per day for every day they are actually employed under the provisions of this part. All of which expenses, together with the reasonable expenses of stationery, postage, and incidental expenses, shall be borne in equal proportions by the counties affected by such division, including said new county. The amounts payable by each county shall be paid by the treasurers of the respective counties after the same shall have been presented to and allowed by the board of county commissioners as is provided by law for claims against any county.
History: En. Sec. 8, Ch. 226, L. 1919; re-en. Sec. 4399, R.C.M. 1921; re-en. Sec. 4399, R.C.M. 1935; R.C.M. 1947, 16-512; amd. Sec. 18, Ch. 742, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2244. Role of commission

7-2-2244. Role of commission.
(1) (a) Said board of commissioners shall, immediately after its organization:
(i) ascertain the costs of the election held hereunder and apportion the same pro rata among each of the counties from which territory was taken to form such new county;
(ii) ascertain the indebtedness of each county from which territory was taken to form the new county as the same existed at the time when the result of the election was declared by the board of county commissioners as hereinbefore provided;
(iii) ascertain the total value of all property at the time belonging to each of said counties from which territory was taken and situated within the limits of said old counties, respectively; and
(iv) ascertain the assessed value of all property in each of the original old counties from which territory was so taken, according to the last-completed assessment made for said county, and also the assessed value, under the same assessment, of all property within the territory of the new county which shall have been taken from the old county or counties from which said new county was formed.
(b) In the determination of the value of county property, all buildings and their furniture, real estate, road tools, machinery, and all steel bridges which may have been constructed and in use for a period less than 10 years shall be taken into consideration by the commissioners.
(2) They shall then find the difference between the amount of the indebtedness of the old county and the value of the property belonging to the old county at the date of the declaration of the result of said election, as hereinbefore provided, and if such indebtedness exceeds the value of such property belonging to the old county, the new county shall pay to the old county a due proportion thereof, to be determined as follows: as said assessed value of the property in the old county is to the assessed value of the property in the territory to be incorporated by this part within the new county from said old county, so is the amount of said excess to the amount to be paid by said new county to said old county.
History: En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; R.C.M. 1947, 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2245. Commission to certify information to county commissioners

7-2-2245. Commission to certify information to county commissioners.
Said board of commissioners shall certify forthwith to the board of county commissioners of the new county and the old counties thereby affected the amount constituting the due proportion of said excess payable by such new county to each of them and also the value of any property belonging to each old county at the time when said division took effect, as hereinbefore provided, which is situated in the new county.
History: En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; R.C.M. 1947, 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2246. Settlement between counties following adjustment of indebtedness

7-2-2246. Settlement between counties following adjustment of indebtedness.
(1) The sum of said ascertained value of the property referred to in 7-2-2245 added to the ascertained proportion of the excess referred to in 7-2-2245 which the new county is to pay the old county and its proportion of the expense of said election, as aforesaid, shall be an indebtedness from the new county to the old county, and the property situated, as aforesaid, in the new county shall upon settlement therefor as provided in this part, become the property of the new county, and the old county shall pay the entire indebtedness against it.
(2) If, upon the settlement between the old and the new counties, as herein provided for, the new county shall be found to be indebted to the old county or either of the old counties, the money necessary to pay said indebtedness shall be raised by a tax levied upon the property contained in said new county and said new county shall pay the same. Such payment by said new county may be made in not more than three equal annual payments or by funds to be derived from the sale of bonds of said new county, as may be determined by a resolution of the board of county commissioners of said new county adopted within 1 year after the receipt of the statement from the board of commissioners, as aforesaid, of the amount or amounts due from it.
(3) If the value of the property belonging to the old county exceeds the indebtedness of the old county, then the old county shall pay to the new county a due proportion of such excess, which proportion shall be determined by the board of commissioners and shall be paid by the old county to the new county in the same manner and subject to the same conditions herein provided for payment by the new county to the old county when the indebtedness of the old county exceeds the value of the property in the old county.
History: En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; R.C.M. 1947, 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2251. Collection of delinquent taxes

7-2-2251. Collection of delinquent taxes.
Delinquent taxes due the old county against property situated in the new county shall be transcribed in and collected by the new county.
History: En. Sec. 7, Ch. 226, L. 1919; re-en. Sec. 4398, R.C.M. 1921; re-en. Sec. 4398, R.C.M. 1935; R.C.M. 1947, 16-511(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2252. Assessment and collection of taxes for new county

7-2-2252. Assessment and collection of taxes for new county.
(1) After the creation of a new county, its officers shall complete all proceedings necessary for the assessment or collection of the state and county taxes for the then-current year.
(2) (a) All acts and steps taken by the officers of the old county or counties prior to the creation of the new county are considered as having been performed by the officers of the new county for the benefit of the new county. Upon the creation of the new county, it shall be the duty of the officers of the old county or counties to immediately execute and deliver to the board of county commissioners of the new county copies of all assessments or other proceedings relative to the assessment and collection of the current state and county taxes on property in the new county. Such copies shall be filed with the respective officers of the new county who would have the custody of the same if the proceedings had been originally had in the new county. Such certified copies are considered as originals in the new county, and all proceedings therein recited are considered as original proceedings in the new county and shall have the same effect as if the proceedings therein stated had been had at the proper time and in the proper manner by the respective officials of the new county.
(b) The officials of the new county shall proceed with the assessment and collection of the taxes as if the proceedings originally had in the old county or counties had been originally had in the new county.
History: En. Sec. 9, Ch. 226, L. 1919; re-en. Sec. 4400, R.C.M. 1921; re-en. Sec. 4400, R.C.M. 1935; R.C.M. 1947, 16-513; amd. Sec. 9, Ch. 250, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2253. Procedure to transfer money to school and road funds

7-2-2253. Procedure to transfer money to school and road funds.
(1) The county superintendent of schools of an old county shall furnish the county superintendent of schools of the new county with a certification of the average number belonging (ANB) in the different school districts in the territory set apart to form the new county and shall certify to the board of county commissioners of the old county the amount due. The board of the old county shall order a warrant drawn on the treasury of the old county for all the money that is or may be due by apportionment or otherwise to the different school districts embraced in the new county and taken from the old county.
(2) The county treasurer shall certify to the county commissioners of an old county the amount due in the different road funds. The county commissioners shall order a warrant drawn on the treasury of the old county in favor of the new county for all money that is or may be due by apportionment or otherwise to the different road and district funds in the territory set apart to form the new county and taken from the old county, which amounts shall be properly credited in both counties.
(3) Whenever in the formation of a new county a road or school district has been divided, the board of county commissioners shall by resolution direct the treasurer to transfer the proper proportionate amount of the money remaining in the fund of such district to the treasurer of the new county.
History: En. Sec. 10, Ch. 226, L. 1919; re-en. Sec. 4401, R.C.M. 1921; re-en. Sec. 4401, R.C.M. 1935; amd. Sec. 1, Ch. 137, L. 1973; R.C.M. 1947, 16-514; amd. Sec. 10, Ch. 250, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2254. Transfer and transcription of records

7-2-2254. Transfer and transcription of records.
(1) The board of county commissioners of any new county must provide suitable books and have transcribed from the records of the old county or counties all such parts thereof as relate to or affect property situated in the new county or the title thereof.
(2) All chattel mortgages, renewals of chattel mortgages, articles of incorporation, contract notes, sheriff certificates of sale, liens, and original affidavits of registration which may affect or relate to property or persons situated within the new county shall be delivered by the county clerk of the old county to the county clerk of the new county and shall be preserved by the county clerk of the new county as permanent files of the new county.
History: En. Sec. 11, Ch. 226, L. 1919; re-en. Sec. 4402, R.C.M. 1921; amd. Sec. 1, Ch. 75, L. 1925; re-en. Sec. 4402, R.C.M. 1935; R.C.M. 1947, 16-515(part); amd. Sec. 11, Ch. 250, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2255. Transfer of court files and actions

7-2-2255. Transfer of court files and actions.
(1) The files of all actions in the office of the clerk of the district court of the old county, whether reduced to judgment or pending, for the recovery of the possession of, quieting the title to, or the enforcement of liens upon real estate lying wholly in the new county or any other actions affecting real estate lying wholly in the new county must be delivered by the clerk of the district court of the old county to the clerk of the district court of the new county to be kept and preserved as permanent files of the new county so that only the minutes and other entries in books kept by the clerk of the district court need to be transcribed.
(2) All actions pending in the district court of the old county or counties for the recovery of the possession of quieting title to or the enforcement of liens upon real estate lying wholly in the new county or any other actions affecting real estate lying wholly in the new county must, upon the delivery of the files to the clerk of the district court of the new county as provided in subsection (1), be transferred to the district court in which the new county may be attached for judicial purposes and are subject to the same laws as if the action had been originally brought in the district court of the new county.
History: (1)En. Sec. 11, Ch. 226, L. 1919; re-en. Sec. 4402, R.C.M. 1921; amd. Sec. 1, Ch. 75, L. 1925; re-en. Sec. 4402, R.C.M. 1935; Sec. 16-515, R.C.M. 1947; (2)En. Sec. 12, Ch. 226, L. 1919; re-en. Sec. 4403, R.C.M. 1921; amd. Sec. 2, Ch. 75, L. 1925; re-en. Sec. 4403, R.C.M. 1935; Sec. 16-516, R.C.M. 1947; R.C.M. 1947, 16-515(part), 16-516; amd. Sec. 271, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 22. Creation of New Counties by Petition › 7-2-2256. Repealed

7-2-2256. Repealed.
Sec. 70, Ch. 354, L. 2001.
History: En. Sec. 13, Ch. 226, L. 1919; re-en. Sec. 4404, R.C.M. 1921; re-en. Sec. 4404, R.C.M. 1935; R.C.M. 1947, 16-517.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2301. Repealed

7-2-2301. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 1, Ch. 135, L. 1911; re-en. Sec. 4378, R.C.M. 1921; re-en. Sec. 4378, R.C.M. 1935; R.C.M. 1947, 16-401(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2302. Repealed

7-2-2302. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 1, Ch. 135, L. 1911; re-en. Sec. 4378, R.C.M. 1921; re-en. Sec. 4378, R.C.M. 1935; R.C.M. 1947, 16-401(part); amd. Sec. 275, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2303. Repealed

7-2-2303. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 11, Ch. 135, L. 1911; re-en. Sec. 4388, R.C.M. 1921; re-en. Sec. 4388, R.C.M. 1935; R.C.M. 1947, 16-411.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2311. Repealed

7-2-2311. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 2, Ch. 135, L. 1911; re-en. Sec. 4379, R.C.M. 1921; re-en. Sec. 4379, R.C.M. 1935; amd. Sec. 3, Ch. 406, L. 1973; R.C.M. 1947, 16-402(1), (2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2312. Repealed

7-2-2312. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 2, Ch. 135, L. 1911; re-en. Sec. 4379, R.C.M. 1921; re-en. Sec. 4379, R.C.M. 1935; amd. Sec. 3, Ch. 406, L. 1973; R.C.M. 1947, 16-402(3) thru (5); amd. Sec. 276, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2313. Repealed

7-2-2313. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 3, Ch. 135, L. 1911; re-en. Sec. 4380, R.C.M. 1921; re-en. Sec. 4380, R.C.M. 1935; R.C.M. 1947, 16-403; amd. Sec. 277, Ch. 571, L. 1979; amd. Sec. 2, Ch. 250, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2314. Repealed

7-2-2314. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Sec. 4, Ch. 135, L. 1911; re-en. Sec. 4381, R.C.M. 1921; re-en. Sec. 4381, R.C.M. 1935; R.C.M. 1947, 16-404; amd. Sec. 278, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2315. Repealed

7-2-2315. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: En. Secs. 6, 7, Ch. 135, L. 1911; re-en. Secs. 4383, 4384, R.C.M. 1921; re-en. Secs. 4383, 4384, R.C.M. 1935; R.C.M. 1947, 16-406, 16-407(part); amd. Sec. 279, Ch. 471, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 2. Creation, Alteration, and Abandonment of Local Governments › Part 23. Organization of New Counties Created by Legislation (Repealed) › 7-2-2316. Repealed

7-2-2316. Repealed.
Sec. 98, Ch. 51, L. 1999.
History: (1) thru (3)En. Sec. 8, Ch. 135, L. 1911; re-en. Sec. 4385, R.C.M. 1921; re-en. Sec. 4385, R.C.M. 1935; Sec. 16-408, R.C.M. 1947; (4)En. Sec. 9, Ch. 135, L. 1911; re-en. Sec. 4386, R.C.M. 1921; re-en. Sec. 4386, R.C.M. 1935; Sec. 16-409, R.C.M. 1947; R.C.M. 1947, 16-408(part), 16-409(part); amd. Sec. 379, Ch. 571, L. 1979.