7-12-2154. Payment of damages incurred as result of improvements. Whenever the owner or anyone interested in property situated in the special improvement district, after filing with the county clerk a written notice claiming that the person's property has been damaged, is awarded or recovers any amount because of damages sustained by the property because of the construction of an improvement in the special improvement district and before the resolution levying the assessment to defray the cost of making the improvement in the district is passed and adopted by the board of county commissioners, the amount ordered to be recovered must be added to and constitute a part of making the improvements. However, if the resolution levying the assessment to defray the cost and expenses of making the improvement has been passed and adopted by the board, it shall pass and adopt a supplemental resolution levying an additional assessment against the property in the district for the purpose of paying the amount awarded, and the supplemental resolution must be made in the same manner and prepared and certified the same as the original resolution levying the assessment to defray the cost of making the improvements.
History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 15, Ch. 147, L. 1921; re-en. Sec. 4588, R.C.M. 1921; re-en. Sec. 4588, R.C.M. 1935; R.C.M. 1947, 16-1615; amd. Sec. 4, Ch. 251, L. 1979; amd. Sec. 537, Ch. 61, L. 2007.
Structure Montana Code Annotated
Chapter 12. Improvement Districts
Part 21. Rural Improvement Districts
7-12-2103. Resolution of intention to create rural improvement district
7-12-2104. Sufficiency of description in resolution of intention
7-12-2105. Notice of resolution of intention to create district -- hearing -- exception
7-12-2107. Responsibility for posting and publication of notice
7-12-2108. Extension of proposed district
7-12-2109. Right to protest creation or extension of district -- exception
7-12-2112. Sufficient protest to bar proceedings -- exception
7-12-2113. Resolution creating district -- power to order improvements
7-12-2114. Area includable within district
7-12-2115. Adjournment of hearing
7-12-2116. County surveyor as improvement district engineer
7-12-2117. Record of expenses to be kept by engineer
7-12-2118. Role of county clerk
7-12-2119. Manner of making demands for incidental expenses
7-12-2120. Maintenance of improvements
7-12-2121. Administration of multicounty district
7-12-2122. Term of office of multicounty district trustee
7-12-2123. Powers of multicounty district board of trustees
7-12-2124. Dissolution of district
7-12-2125. Right to protest dissolution of district
7-12-2126. Transfer of management and control of district to city or town
7-12-2128. Transfer of ownership of improvements -- petition -- hearing -- effect of transfer
7-12-2129. and 7-12-2130 reserved
7-12-2131. Bids for district work -- exception
7-12-2132. Advertising for bids
7-12-2133. Competitive bidding not required for purchase of existing improvement
7-12-2135. Decision on award of contract
7-12-2136. Procedure if all bids rejected or no bids received
7-12-2137. Procedure for dealing with bid securities
7-12-2138. Contractor's bond for successful completion of work
7-12-2139. Procedure if person entering contract defaults on work
7-12-2140. Procedure for objection to proceedings
7-12-2141. Protest procedures for property created as condominium
7-12-2142. through 7-12-2150 reserved
7-12-2151. Assessment of costs
7-12-2152. Exception for owners of water ditches under certain circumstances
7-12-2154. Payment of damages incurred as result of improvements
7-12-2155. Apportionment of costs between corner lots and inside lots
7-12-2156. Responsibility for costs for improvements close to street railway
7-12-2157. Status of federal property within improvement district
7-12-2158. Resolution for levy and assessment of tax
7-12-2159. Notice of resolution for levy and assessment of tax -- protest and hearing
7-12-2162. Improvement district maintenance fund
7-12-2163. Collection of district assessments by county treasurer -- delinquencies
7-12-2164. Payment of tax under protest -- action to recover
7-12-2165. Procedure to correct assessment and relevy and collect tax
7-12-2166. Certain errors not to invalidate assessments or liens
7-12-2167. Term of payment of assessments
7-12-2168. Assessments and certain other charges as liens
7-12-2169. Use of bonds and warrants
7-12-2171. Details relating to rural improvement district bonds and warrants
7-12-2172. Procedure to issue bonds and warrants
7-12-2173. Disposition of bond or warrant proceeds
7-12-2174. Redemption of bonds and warrants
7-12-2175. Investment of maintenance, interest, and sinking fund money
7-12-2176. Interest rate on unpaid assessments
7-12-2177. through 7-12-2180 reserved
7-12-2181. Creation of rural improvement district revolving fund
7-12-2182. Sources of money for revolving fund
7-12-2184. Lien arising due to loan from revolving fund
7-12-2186. Utilization of excess money in revolving fund
7-12-2187. through 7-12-2190 reserved
7-12-2191. Change in outstanding principal of district -- relevy of assessments
7-12-2192. Pooling of bonds of districts in county
7-12-2194. and 7-12-2195 reserved
7-12-2196. Water user entities exempt from special assessments