82-4-142. Mandamus to compel enforcement. (1) A resident of this state who has knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed in 45-7-202.
(2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district court of the county in which the land is located. If the court finds that a requirement of this part or a rule adopted under this part is not being enforced, it shall order the public officer or employee whose duty it is to enforce the requirement or rule to perform the duties. If the officer or employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.
History: En. 50-1612 by Sec. 12, Ch. 280, L. 1974; R.C.M. 1947, 50-1612; amd. Sec. 2, Ch. 201, L. 1979; amd. Sec. 2732, Ch. 56, L. 2009; amd. Sec. 46, Ch. 535, L. 2021.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 1. Strip and Underground Mine Siting
82-4-102. Intent -- findings -- policy and purpose
82-4-105. through 82-4-110 reserved
82-4-113. Receipts paid into general fund
82-4-114. through 82-4-120 reserved
82-4-122. Application and approval of permit
82-4-123. Permit fee and surety bond
82-4-124. Permit -- authority under and renewal
82-4-127. Effect of siting permit on subsequent mining permits
82-4-128. Termination of permit
82-4-129. Noncompliance -- suspension of permits
82-4-130. Procedure for hearings
82-4-131. through 82-4-140 reserved