85-7-1805. Notice requirements. (1) Upon the filing of a petition, the district court shall fix the time and place of hearing on the petition and direct that notice of the petition be given.
(2) The petitioner shall cause to be published at least once a week for 2 successive weeks in a newspaper published in the county where the petition is filed a notice stating the time and place of the hearing on the petition that includes a brief statement of the matters set forth in the petition. If any portion of the lands sought to be excluded from the district lie within any other county or counties, then the notice shall be published as provided above in a newspaper published in each county or counties. The first publication of the notice must occur not less than 30 days before the hearing.
(3) If any holder of title or evidence of title to lands sought to be excluded from the district is a nonresident of the county or counties in which the district lies, the petitioner shall within 3 days of the first publication of the notice mail a copy of the notice to each nonresident whose address is stated in the petition. The affidavit of publication as to the facts of the publishing and mailing of the notice affixed to a copy of the notice is sufficient evidence of the facts.
History: En. Sec. 23, Ch. 146, L. 1909; amd. Sec. 1, Ch. 98, L. 1919; re-en. Sec. 7188, R.C.M. 1921; re-en. Sec. 7188, R.C.M. 1935; R.C.M. 1947, 89-1401(part); amd. Sec. 1, Ch. 95, L. 2015.
Structure Montana Code Annotated
Chapter 7. Irrigation Districts
Part 18. Alteration and Determination of District Acreage
85-7-1801. Change in boundaries
85-7-1802. Elimination of lands from district
85-7-1803. Requirements for petition to eliminate lands
85-7-1805. Notice requirements
85-7-1806. Court hearing on petition to eliminate lands
85-7-1807. Court findings and order on petition to eliminate lands
85-7-1808. Extension of boundaries and addition of lands
85-7-1809. Notice of hearing for addition of lands
85-7-1810. Hearing and order on petition for addition of lands
85-7-1811. Procedure to correct errors and omissions in orders or decrees
85-7-1812. through 85-7-1820 reserved
85-7-1821. Change of boundaries of irrigation districts indebted to United States
85-7-1822. Petition to exclude lands
85-7-1825. Court order and relief granted
85-7-1826. Interpretation of provisions
85-7-1827. through 85-7-1830 reserved
85-7-1832. Petition for withdrawal of lands
85-7-1833. Proceedings subsequent to presenting petition
85-7-1834. through 85-7-1836 reserved
85-7-1837. Limitation on irrigable acreage -- special election or petition
85-7-1838. through 85-7-1840 reserved
85-7-1841. Fixing of taxable acreage
85-7-1842. Petition for fixing of taxable area
85-7-1843. Summons, publication, and court determination
85-7-1844. Decree fixing amount of irrigable acreage