7-13-2308. Payment of tax under protest -- action to recover. (1) When the tax is considered unlawful for any reason by the person whose property is taxed, whether or not the person has protested the tax at the hearing provided for in 7-13-2306(4), the person may pay the tax or the installments of the tax under protest in the manner provided by 15-1-402 and, within the time prescribed and in the manner provided by 15-1-402, may commence an action to recover the tax or installments and in that action may contest and litigate the payment of the tax on the same grounds and for the same reasons stated in the written protest and for no other reasons and on no other grounds.
(2) All of the provisions of 15-1-402 for the retention or refunding of taxes paid under protest apply to taxes paid under protest under this section.
History: En. Sec. 27, Ch. 242, L. 1957; amd. Sec. 3, Ch. 258, L. 1959; amd. Sec. 1, Ch. 46, L. 1961; amd. Sec. 1, Ch. 68, L. 1963; amd. Sec. 9, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 1967; amd. Sec. 5, Ch. 296, L. 1977; R.C.M. 1947, 16-4527(part); amd. Sec. 568, Ch. 61, L. 2007.
Structure Montana Code Annotated
Part 23. County Water and/or Sewer Districts Continued
7-13-2301. Establishment of charges for services -- payment of charges
7-13-2302. Levy of taxes to meet bond obligations and other expenses
7-13-2303. Methods of assessment
7-13-2304. Notice of intention to levy tax
7-13-2305. Legal sufficiency of notice
7-13-2306. Contents of notice -- hearing and protest
7-13-2307. Hearing on protest to levy of tax
7-13-2308. Payment of tax under protest -- action to recover
7-13-2309. Collection of taxes
7-13-2311. Designation of fund depositary
7-13-2312. through 7-13-2320 reserved
7-13-2321. Procedure to incur bonded indebtedness
7-13-2323. Election on question of incurring bonded indebtedness
7-13-2324. Notice of election on incurring bonded indebtedness
7-13-2325. Qualifications to vote on question of incurring bonded indebtedness
7-13-2327. Entry of bond election results
7-13-2328. Sufficient vote required to issue bonds
7-13-2330. Status of bonds -- tax exemption
7-13-2331. Issuance of general obligation bonds
7-13-2332. Issuance of refunding bonds without election
7-13-2333. Issuance of revenue or special assessment bonds without election
7-13-2334. through 7-13-2339 reserved
7-13-2340. Correction of erroneous property description
7-13-2341. Addition of land to district -- election required -- effect on land and district
7-13-2342. Consolidation of county water and/or sewer districts -- election required
7-13-2343. Exclusion of land from district -- initiated by petition
7-13-2344. Details relating to petition to exclude land from district
7-13-2345. Hearing and notice on petition to exclude land
7-13-2346. Decision on petition to exclude land
7-13-2347. Effect of order excluding land
7-13-2348. Exclusion of land from district -- initiated by board of directors
7-13-2349. Establishment of subdistricts