7-33-2126. Annexation of adjacent territory contained in a fire district. (1) Adjacent territory that is already a part of a fire district may withdraw from the fire district and become annexed to another fire district in the following manner:
(a) A petition in writing by 40% or more of the owners of real property within the area proposed to be transferred and owners of 40% or more of the taxable value of the property within the area proposed to be transferred must be presented to the county commissioners, asking that the area be transferred to and included in any other organized fire district to which the area is adjacent. The petition must describe the change of boundaries to be affected by the proposed transfer of area.
(b) The commissioners shall hold a hearing on the petition in accordance with the procedure outlined in 7-33-2142. The transfer must be allowed unless protests are presented at the hearing by the owners of 40% or more of the real property in either district and owners of property representing 40% or more of the taxable value in either district.
(2) The transfer may be allowed only upon a showing of more advantageous proximity and communications with the firefighting facilities of the other district.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(4)(b); amd. Sec. 15, Ch. 499, L. 2007.
Structure Montana Code Annotated
7-33-2101. Rural fire districts authorized -- petition
7-33-2103. Hearing on petition -- decision
7-33-2104. Operation of fire districts
7-33-2105. Powers and duties of trustees
7-33-2106. Details relating to board of trustees of fire district -- election -- qualified electors
7-33-2107. Contracts for fire protection services
7-33-2108. Mutual aid agreements -- request if no agreement exists -- definitions
7-33-2111. Fire district capital improvement fund authorized
7-33-2113. through 7-33-2115 reserved
7-33-2116. Payment of partial salary to rural firefighter injured in performance of duty
7-33-2117. through 7-33-2119 reserved
7-33-2120. Consolidation of fire districts and fire service areas -- mill levy limitations
7-33-2121. Renumbered 7-33-2141
7-33-2123. Renumbered 7-33-2143
7-33-2124. Renumbered 7-33-2144
7-33-2125. Annexation of adjacent territory not contained in a fire district
7-33-2126. Annexation of adjacent territory contained in a fire district
7-33-2127. Withdrawal by owner of individual tract adjacent to municipality
7-33-2128. Dissolution of fire district
7-33-2129. Annexation of rural fire district property by municipality -- responsibility for debt
7-33-2130. through 7-33-2140 reserved
7-33-2141. Division of fire district authorized
7-33-2142. Division of district -- petition -- plan for division
7-33-2143. Decision on petition for division -- protest
7-33-2144. Distribution of assets and liabilities following division