Montana Code Annotated
Part 22. Creation of New Counties by Petition
7-2-2213. Resolution of board of county commissioners

7-2-2213. Resolution of board of county commissioners. The board of county commissioners, on the final hearing of the petition or petitions, shall, by a resolution entered on its minutes, determine:
(1) the boundaries of the proposed new county, and the boundaries determined by the board must be the boundaries of the proposed new county if it is created as provided in this part;
(2) whether the petition contains the genuine signatures of at least 50% of the registered electors of the proposed new county as required in this part or, in cases where separate petitions are presented from portions of two or more existing counties as required in this part, whether each petition is signed by at least 50% of the registered electors of that portion of each of the existing counties that is proposed to be taken into the proposed new county;
(3) whether any line of the proposed new county passes within 15 miles of the courthouse situated at the county seat of any county proposed to be divided, except as otherwise provided;
(4) whether the proposed new county and affected existing counties meet the limitations contained in 7-2-2202;
(5) the name of the proposed new county as stated in the petition; and
(6) whether the area embraced within the proposed new county will be reasonably compact.
History: En. Sec. 2, Ch. 226, L. 1919; re-en. Sec. 4393, R.C.M. 1921; re-en. Sec. 4393, R.C.M. 1935; amd. Sec. 7, Ch. 406, L. 1973; R.C.M. 1947, 16-504(4); amd. Sec. 267, Ch. 571, L. 1979; amd. Sec. 7, Ch. 16, L. 1991; amd. Sec. 3, Ch. 128, 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 Repealed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 Repealed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