85-8-119. Receiving affidavits on question of petition sufficiency. The affidavits of any 10 or more of the signers of the petition, stating that they have examined the petition and are acquainted with the locality of the district and that the petition is signed by a sufficient number of owners of lands in the district to satisfy 85-8-101, may be taken by the court or judge as prima facie evidence of the facts stated in the petition. The affidavit of any petitioner or other landowner before the court or represented before the court asserting the petitioner's or landowner's ownership of lands in the district, properly described, is sufficient evidence to the court of those facts.
History: En. Sec. 13, Ch. 129, L. 1921; re-en. Sec. 7277, R.C.M. 1921; re-en. Sec. 7277, R.C.M. 1935; R.C.M. 1947, 89-2214; amd. Sec. 10, Ch. 326, L. 1979; amd. Sec. 2804, Ch. 56, L. 2009.
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