Montana Code Annotated
Part 22. Creation of New Counties by Petition
7-2-2202. Limitations on creation of new counties

7-2-2202. Limitations on creation of new counties. (1) A new county may not be established that reduces any county to an assessed valuation of less than $12 million, inclusive of all assessed valuation as shown by the last preceding assessment.
(2) A new county may not be formed that contains an assessed valuation of property less than $10 million, inclusive of all assessed valuation, as shown by the last preceding assessment of the county or counties from which the new county is to be established.
(3) A new county may not be established that reduces the area of any existing county from which territory is taken to form the new county to less than 500 square miles of surveyed land, exclusive of all forest reserve and Indian reservations within old counties.
(4) Except as provided in Title 7, chapter 2, part 28, territory may not be taken from one county and added to another county unless its surveyed area is greater than 49 square miles.
(5) A new county may not be formed that contains less than 250 square miles of surveyed land, exclusive of all forest reserve land or Indian reservations not open for settlement.
History: En. Sec. 1, Ch. 226, L. 1919; re-en. Sec. 4390, R.C.M. 1921; amd. Sec. 1, Ch. 106, L. 1929; re-en. Sec. 4390, R.C.M. 1935; amd. Sec. 6, Ch. 406, L. 1973; R.C.M. 1947, 16-501(part); amd. Sec. 2, Ch. 742, L. 1985; amd. Sec. 12, Ch. 347, L. 2011.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 2. Creation, Alteration, and Abandonment of Local Governments

Part 22. Creation of New Counties by Petition

7-2-2201. Authorization to create new counties

7-2-2202. Limitations on creation of new counties

7-2-2203. Repealed

7-2-2204. Basis for determination of assessed valuation

7-2-2205. Petition for creation of new county -- number of signatures required

7-2-2206. Contents of petition -- petition approval procedure -- deadline for filing signatures

7-2-2207. Affidavits to be attached to petition -- verification of signatures

7-2-2208. Role of board of county commissioners -- intercounty communication

7-2-2209. Hearing and notice on petition

7-2-2210. Repealed

7-2-2211. Hearing on petition -- protest

7-2-2212. Exclusions and additions of territory upon petition

7-2-2213. Resolution of board of county commissioners

7-2-2214. Repealed

7-2-2215. Election on question of creating new county -- proclamation and notice

7-2-2216. Establishment of election precincts

7-2-2217. Appointment of election officials

7-2-2218. Form of ballot

7-2-2219. Repealed

7-2-2220. Cost of election

7-2-2221. Determination of county seat -- temporary county seat

7-2-2222. Effect of election -- resolution by county commissioners

7-2-2223. Procedure to complete creation of county

7-2-2224. Offices and supplies for new county

7-2-2225. Officers of new county

7-2-2226. Term of office for initial officers of new county

7-2-2227. Qualification, oath of office, and bond

7-2-2228. Judicial district for new county

7-2-2229. through 7-2-2240 reserved

7-2-2241. Commission to determine and adjust indebtedness and assessments for old and new counties

7-2-2242. Conduct of business by commission

7-2-2243. Compensation of commission members

7-2-2244. Role of commission

7-2-2245. Commission to certify information to county commissioners

7-2-2246. Settlement between counties following adjustment of indebtedness

7-2-2247. through 7-2-2250 reserved

7-2-2251. Collection of delinquent taxes

7-2-2252. Assessment and collection of taxes for new county

7-2-2253. Procedure to transfer money to school and road funds

7-2-2254. Transfer and transcription of records

7-2-2255. Transfer of court files and actions

7-2-2256. Repealed