85-1-309. Actions by trustee and bondholders. (1) Any holder of any bonds issued under 85-1-301 or 85-1-303 or any of the coupons attached to the bonds and the trustee, if any, except to the extent the rights may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may:
(a) either at law or in equity, by suit, action, mandamus, or other proceeding, including proceedings for the appointment of a receiver, protect and enforce any and all rights granted under this chapter or under the resolution or trust indenture; and
(b) enforce and compel performance of all duties required by this chapter or by the resolution or trust indenture to be performed by the department.
(2) While any bonds issued by the department remain outstanding, the powers, duties, or existence of the department or any official or agency of the state may not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of the bonds.
History: En. Sec. 15, Ch. 35, Ex. L. 1933; re-en. Sec. 349.16, R.C.M. 1935; amd. Sec. 133, Ch. 253, L. 1974; R.C.M. 1947, 89-119; amd. Sec. 429, Ch. 418, L. 1995.
Structure Montana Code Annotated
85-1-301. Water conservation revenue bonds
85-1-302. Limitations on state liability
85-1-303. Procedure in case of insufficient bond proceeds
85-1-304. Lien upon bond proceeds
85-1-305. Use of trust indenture to secure bonds
85-1-306. Provisions for protecting bondholders
85-1-307. Provisions to secure payment of bonds
85-1-308. Provisions for conveyance in trust or mortgage
85-1-309. Actions by trustee and bondholders
85-1-310. Refunding revenue bonds
85-1-311. through 85-1-320 reserved
85-1-322. Construction capital projects funds
85-1-324. through 85-1-330 reserved
85-1-331. Acceptance and use of appropriations and contributions