85-8-118. Determination of sufficiency of petition. The court shall hear and determine whether or not the petition contains the signatures of a majority of the owners of lands within the proposed district who are of lawful age and who represent one-third in area of the lands proposed to be affected by said work or the signatures of the owners of more than one-half of such lands and shall determine all questions of law arising on said contest. The district court in which such petition shall be filed or the judge thereof may adjourn the hearing on the petition from time to time for want of sufficient notice, to give time to prepare for trial, or for other good cause.
History: En. Sec. 12, Ch. 129, L. 1921; re-en. Sec. 7276, R.C.M. 1921; re-en. Sec. 7276, R.C.M. 1935; R.C.M. 1947, 89-2213; amd. Sec. 9, Ch. 326, L. 1979.
Structure Montana Code Annotated
85-8-101. Petition for creation of district
85-8-102. Amendment and circulation of petition -- court consideration
85-8-103. Territory to be included
85-8-104. through 85-8-110 reserved
85-8-112. Affidavit in case of nonresident petitioners
85-8-113. Proof of service and publication
85-8-114. Personal service of notice to confer jurisdiction
85-8-115. Insufficient service
85-8-116. Procedure on adjourned day
85-8-117. Contest by landowners
85-8-118. Determination of sufficiency of petition
85-8-119. Receiving affidavits on question of petition sufficiency