85-8-307. Vacancies. If a vacancy occurs on the board of commissioners, the remaining members of the board shall elect some qualified elector to fill the vacancy, and the person elected holds office for the unexpired term and until a successor is elected and qualified. The person appointed must be appointed as a commissioner for the division in which the vacancy exists. If there is a vacancy or vacancies on the board of commissioners by reason of no appointment being made, due to the failure of the remaining members of the board to act or on account of no election being held, the judge of the court having jurisdiction over the drainage district shall, upon the receipt of a petition signed by 10% of the resident owners of land in the district, appoint to the vacancy or vacancies the person that the petition may designate.
History: En. Sec. 20, Ch. 129, L. 1921; re-en. Sec. 7284, R.C.M. 1921; amd. Sec. 5, Ch. 50, L. 1925; amd. Sec. 1, Ch. 169, L. 1929; re-en. Sec. 7284, R.C.M. 1935; R.C.M. 1947, 89-2307; amd. Sec. 2806, Ch. 56, L. 2009.
Structure Montana Code Annotated
Part 3. Organization and Operation
85-8-301. Term of commissioners at creation of district
85-8-302. Election of commissioners -- regular term of office
85-8-305. Qualifications of electors
85-8-306. Commissioner candidate filing
85-8-308. Oath and bond of commissioners -- quorum
85-8-309. and 85-8-310 reserved
85-8-313. Annual report of commissioners
85-8-314. Court control and compensation of commissioners
85-8-315. Presumption of regularity of commissioners' acts
85-8-316. through 85-8-320 reserved
85-8-321. Organization, appointments, and preliminary report
85-8-322. Adoption of feasible plan
85-8-323. Hearing and notice on preliminary report
85-8-324. Adjournment of hearing or trial of issues
85-8-325. Remonstrance by interested parties
85-8-326. Service of owners of added lands
85-8-327. Procedure at court hearing and order
85-8-328. Corporate nature of drainage district
85-8-329. Necessity of preliminary proceedings
85-8-330. through 85-8-340 reserved
85-8-341. Preparation of report -- contents
85-8-342. Apportionment of costs
85-8-343. Commissioners to use most feasible plan
85-8-344. Alteration of boundaries
85-8-345. Notice of hearing of report
85-8-346. Modification of report
85-8-347. Confirmation of report -- appeals
85-8-348. Modification of court order
85-8-350. Judgment on dismissal of proceedings -- assessment of costs
85-8-351. Statement of costs before entry of judgment
85-8-352. Contribution among petitioners
85-8-353. through 85-8-360 reserved
85-8-362. Interest of commissioners in contracts forbidden
85-8-363. Commissioners' right of entry
85-8-364. Payment or tender of damages
85-8-366. Drains on railroad lands