1-2-115. Enforcement. (1) A local government unit may use a remedy provided in subsection (2), (3), or (4) to prevent the application of a law enacted in violation of 1-2-112 or 1-2-113.
(2) A local government may, with the consent of a state agency charged with the implementation of the law, arbitrate the application of the law pursuant to the Uniform Arbitration Act.
(3) A local government unit may request a hearing before an administrative agency charged with the administration of the law. A hearing held pursuant to this section is a contested case proceeding pursuant to the Montana Administrative Procedure Act. The decision of the agency may be appealed in accordance with Title 2, chapter 4, part 7.
(4) A local government unit may bring a civil action in the district court of the county in which the local government unit is located to prevent the application of a law enacted in violation of 1-2-112 or 1-2-113. The state of Montana may be named as the respondent or defendant in an action brought pursuant to this section.
History: En. Sec. 5, Ch. 416, L. 1995.
Structure Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 2. Statutory Construction
1-2-101. Role of the judge -- preference to construction giving each provision meaning
1-2-102. Intention of the legislature -- particular and general provisions
1-2-103. Statutes in derogation of the common law -- liberal construction
1-2-104. Preference to construction favoring natural right
1-2-105. General definitional rules -- verb tense, gender, and number
1-2-106. Construction of words and phrases
1-2-107. Applicability of definitions
1-2-109. When laws retroactive
1-2-110. All statutes subject to repeal
1-2-111. Effect of code on special, local, and private statutes
1-2-112. Statutes imposing new local government duties
1-2-113. Statutes imposing new duties on a school district to provide means of financing
1-2-116. State agencies not to shift cost to local governments