Montana Code Annotated
Part 3. Organization and Operation
85-8-314. Court control and compensation of commissioners

85-8-314. Court control and compensation of commissioners. (1) The commissioners must receive for their services compensation that the court or presiding judge may determine. They must also receive their actual reasonable expenses. They are at all times under the control or direction of the court or presiding judge and shall obey the court's or judge's directions, and for failure to do so, they shall forfeit their compensation and be dealt with summarily as for contempt. Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered must be applied to the construction of the work or to the party injured as justice may require.
(2) The court may at any time require the commissioners to make a report on any matter or matters connected with their duties as commissioners and after hearing may remove from office any or all of the commissioners for neglect of duty, for malfeasance in office, or for other good cause. The court may at any time require the commissioners to give new bonds to the clerk of court and may fix the amount of the bonds. The bonds must be submitted to the court or the presiding judge for approval.
History: (1)En. Secs. 24, 25, 26, Ch. 129, L. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1921; re-en. Secs. 7288, 7289, 7290, R.C.M. 1935; Secs. 89-2311, 89-2312, 89-2313, R.C.M. 1947; (2)En. Sec. 92, Ch. 129, L. 1921; re-en. Sec. 7356, R.C.M. 1921; re-en. Sec. 7356, R.C.M. 1935; Sec. 89-2812, R.C.M. 1947; R.C.M. 1947, 89-2311, 89-2312, 89-2313, 89-2812; amd. Sec. 2809, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 85. Water Use

Chapter 8. Drainage Districts

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

85-8-303. Repealed

85-8-304. Results of election

85-8-305. Qualifications of electors

85-8-306. Commissioner candidate filing

85-8-307. Vacancies

85-8-308. Oath and bond of commissioners -- quorum

85-8-309. and 85-8-310 reserved

85-8-311. Record and vouchers

85-8-312. Custody of funds

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

85-8-349. Supplemental report

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

85-8-361. Contracts

85-8-362. Interest of commissioners in contracts forbidden

85-8-363. Commissioners' right of entry

85-8-364. Payment or tender of damages

85-8-365. Location of drains

85-8-366. Drains on railroad lands

85-8-367. Commissioners' powers during emergency

85-8-368. Annual report -- objections