Montana Code Annotated
Part 22. Creation of New Counties by Petition
7-2-2223. Procedure to complete creation of county

7-2-2223. Procedure to complete creation of county. (1) The board of county commissioners shall immediately file a copy of its resolution, authorized by 7-2-2222(1) and certified, together with a legal description of the new boundaries of each affected county, in the office of the secretary of state. Ninety days after the date of filing:
(a) the new county is considered to be fully created;
(b) the organization of the new county is considered completed; and
(c) any new county officers, other than the county commissioners and the county clerk, are entitled to enter upon the duties of their respective offices upon qualifying in accordance with law and giving bonds for the faithful performance of their duties, as required by the laws of the state.
(2) The election administrator of the county with which the petition was filed shall immediately make out and deliver to each of the individuals declared and designated to be elected a certificate of election authenticated by the administrator's signature and the seal of the county. The individuals elected members of the board and the county clerk shall, immediately upon receiving their certificates of election, assume the duties of their respective offices.
History: En. Sec. 4, Ch. 226, L. 1919; re-en. Sec. 4395, R.C.M. 1921; re-en. Sec. 4395, R.C.M. 1935; amd. Sec. 9, Ch. 406, L. 1973; R.C.M. 1947, 16-506(part); amd. Sec. 6, Ch. 250, L. 1979; amd. Sec. 274, Ch. 571, L. 1979; amd. Sec. 16, Ch. 742, L. 1985; amd. Sec. 267, Ch. 61, L. 2007.

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 Repealed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 Repealed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