Montana Code Annotated
Part 18. Alteration and Determination of District Acreage
85-7-1825. Court order and relief granted

85-7-1825. Court order and relief granted. (1) The court may grant such petition in whole or in part and may make an order making such changes in the boundaries of the district by the exclusion of such lands therefrom as the court may deem advisable or as fact, right, and justice may require. Upon making such order excluding any lands from the district the lands so excluded shall not be liable for further assessments by the district authorities for any purpose and shall be without right to claim any interest in the water rights, canals, or other property of the district.
(2) Such order shall be conclusive upon all owners of lands within the district and shall be final unless appealed from to the supreme court within 60 days from the entry of said order. For the purpose of such appeal, such order shall be regarded as a final judgment of said district court. A copy of said order duly certified by the clerk of court shall be filed for record within 30 days after such order is made and entered with the county clerk and recorder of the county wherein lands included within such district are situated.
History: En. Secs. 5, 6, Ch. 132, L. 1935; re-en. Secs. 7194.5, 7194.6, R.C.M. 1935; R.C.M. 1947, 89-1413, 89-1414.

Structure Montana Code Annotated

Montana Code Annotated

Title 85. Water Use

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

85-7-1804. Minor errors

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

85-7-1823. Notice of hearing

85-7-1824. Conduct of hearing

85-7-1825. Court order and relief granted

85-7-1826. Interpretation of provisions

85-7-1827. through 85-7-1830 reserved

85-7-1831. Withdrawal of lands to organize separate or consolidated district for cooperation with federal projects -- petition

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

85-7-1845. Appeal to supreme court

85-7-1846. Terminated