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
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