Montana Code Annotated
Part 41. Special Improvement Districts
7-12-4174. Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property

7-12-4174. Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property. (1) Whenever an unplatted, undedicated, or unsurveyed lot, piece, or parcel of land that separates one platted part of the city from another platted part of the city, lying wholly within the boundaries of any city or town and except land owned by the United States, abuts or borders upon any special improvement district or is included within the boundaries of any special improvement district of a city or town, the city or town council may include the land within a special improvement district in the same manner as other property is included within the special improvement district. The special improvement district may assess the included land for its proportionate share of the cost of making or maintaining those improvements in the same manner as other property within the special improvement district.
(2) For assessment purposes, whenever property created as a condominium is included within the boundaries of any special improvement district, each unit within the condominium is considered a separate parcel of real property subject to separate assessment and the lien of the assessment. Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the condominium. The percentage of the undivided ownership interest must be as set forth in the condominium declaration.
History: En. Sec. 1, Ch. 16, L. 1923; re-en. Sec. 5238.1, R.C.M. 1935; R.C.M. 1947, 11-2215; amd. Sec. 14, Ch. 277, L. 2003.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 12. Improvement Districts

Part 41. Special Improvement Districts

7-12-4101. Definitions

7-12-4102. Authorization for creation of special improvement districts -- petition for creation

7-12-4103. Formation of district to defray cost of acquiring private property

7-12-4104. Resolution of intention to create special improvement district

7-12-4105. Reference to description in resolution of intention sufficient

7-12-4106. Notice of passage of resolution of intention -- exception

7-12-4107. Repealed

7-12-4108. Responsibility for posting and publication of notice

7-12-4109. Extension of proposed district

7-12-4110. Protest against proposed work or district

7-12-4111. Repealed

7-12-4112. Hearing on protest

7-12-4113. Sufficient protest to bar proceedings -- exceptions

7-12-4114. Resolution creating special improvement district

7-12-4115. Statement of allocation of assessments to improvements, repairs, and maintenance

7-12-4116. Designation of nature of improvement district

7-12-4117. Combination of several improvements in one resolution

7-12-4118. Adjournment of hearings

7-12-4119. Appointment of person to serve as city engineer

7-12-4120. Provision for municipalities not having mayor

7-12-4121. Record of expenses to be kept by city engineer

7-12-4122. Role of city clerk

7-12-4123. Manner of making demands for incidental expenses

7-12-4124. Water user entities exempt from special assessments

7-12-4125. through 7-12-4129 reserved

7-12-4130. Transfer of operation, control, and ownership of improvement district facilities to a utility

7-12-4131. Modification of trafficways and courts for special improvement districts

7-12-4132. Power to require underground placement of utilities within district

7-12-4133. Power to require certain utility connections

7-12-4134. Special provision for paving street in which car tracks are located

7-12-4135. Responsibility for repairs due to operation of street railway

7-12-4136. Maintenance of improvements

7-12-4137. Protest procedures for property created as condominium

7-12-4138. through 7-12-4140 reserved

7-12-4141. Bid for work -- exception

7-12-4142. Opening of bids

7-12-4143. Decision on award of contract

7-12-4144. Procedure if all bids rejected or no bids received

7-12-4145. Procedure for dealing with bid securities

7-12-4146. Retroactive application of bid procedures

7-12-4147. Procedure for property owners to do improvement work

7-12-4148. Contract with successful bidder

7-12-4149. Procedure if successful bidder does not enter into contract

7-12-4150. Effect of failure to enter contract

7-12-4151. Contractor's bond for successful completion of work

7-12-4152. Procedure if person entering contract defaults on work

7-12-4153. Purchase of existing improvement

7-12-4154. through 7-12-4160 reserved

7-12-4161. Choice in manner of assessing costs

7-12-4162. Assessment of costs -- area option -- assessed valuation option -- equal amount option

7-12-4163. Assessment of costs -- frontage option

7-12-4164. Assessment of costs -- utility service connections -- option

7-12-4165. Assessment of costs -- offstreet parking option

7-12-4166. Land fronting excepted work not subject to assessment

7-12-4167. Provision for grading street by owner of abutting property

7-12-4168. Provision for work other than grading done by owner of property

7-12-4169. Incidental expenses considered as cost of improvements -- costs for bonds or warrants secured by revolving fund -- district reserve account

7-12-4170. Payment of damages incurred as result of improvements

7-12-4171. Treatment of corner lots for purposes of assessment

7-12-4172. Allocation of costs of nonfrontage sides

7-12-4173. Status of federal property within improvement district

7-12-4174. Inclusion and assessment of unplatted, undedicated, or unsurveyed land in improvement district -- inclusion of condominium property

7-12-4175. Offstreet parking option -- ordinance setting forth method of assessment required -- hearing

7-12-4176. Resolution for tax levy upon district property

7-12-4177. Notice of resolution for tax levy -- protest and hearing

7-12-4178. Hearing on resolution for tax levy

7-12-4179. Payment of maintenance costs -- resolution for assessment

7-12-4180. Improvement district maintenance fund

7-12-4181. Collection of district assessments by county clerk -- certification

7-12-4182. Collection of district assessments by city treasurer in cities collecting their own taxes -- delinquencies

7-12-4183. Collection of district assessments by city treasurer in cities where county collects taxes

7-12-4184. Reinstatement of delinquent assessment

7-12-4185. Payment of tax under protest -- action to recover

7-12-4186. Procedure to correct assessment and relevy and collect tax

7-12-4187. Certain errors not to invalidate assessments and liens

7-12-4188. Due date for district assessments

7-12-4189. Simple interest on assessments

7-12-4190. Payment of assessments in installments

7-12-4191. Assessments and certain other charges as liens

7-12-4192. Change in outstanding principal of district -- relevy of assessments

7-12-4193. Pooling of bonds of districts in city

7-12-4194. Refunding bonds

7-12-4195. Pooling of special improvement district bonds and sidewalk, curb, gutter, or alley approach bonds

7-12-4196. and 7-12-4197 reserved

7-12-4198. Energy performance contracts exempt