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Montana Title 85. Water Use § 85-9-504. Procedure to exclude lands

Current as of January 01, 2024 | Updated by Findlaw Staff

Any territory included within a district formed under the provisions of this chapter and not benefited in any manner by the district or its inclusion in the district may be excluded from the district. The procedure for exclusion consists of the following:

(1) A petition for exclusion must be initiated by either the directors or the owner or owners of the land sought to be excluded.

(2) The petition must:

(a) give a description of the territory sought to be excluded sufficient to enable a person to determine if the person's property is in the proposed exclusion;

(b) set forth that the territory is not benefited in any manner by the district or its continued inclusion in the district; and

(c) request that the territory be excluded from the district.

(3) When owners of property initiate the petition for exclusion, the petition must be filed with the secretary of the district and must be accompanied by a deposit of $100 to meet the costs incident to the process of exclusion. The unexpended balance of the deposit must be returned to the petitioner.

(4) Upon the filing of the petition with the secretary of the district, the secretary shall call a meeting of the directors to consider the petition. The directors shall approve or disapprove of the merits of the petition. The secretary shall then file the petition, together with a copy of the action of the directors, with the court.

(5) The court shall give notice, hold a hearing, and issue an order either granting or denying the petition.

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Cite this article: FindLaw.com - Montana Title 85. Water Use § 85-9-504. Procedure to exclude lands - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-85-water-use/mt-st-85-9-504/

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