Montana Code Annotated
Part 3. Organization and Operation
85-8-321. Organization, appointments, and preliminary report

85-8-321. Organization, appointments, and preliminary report. (1) Within 10 days after the commissioners are appointed and qualified, they shall meet and organize by electing one member as president and by electing a secretary, who may or may not be a member of the board.
(2) The commissioners shall appoint one or more attorneys to assist in the establishment of the district, advise with its officers, agents, and employees, and prepare reports and other necessary documents. The court shall allow the attorney or attorneys just compensation to be taxed in the case.
(3) The commissioners shall appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys, and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, the engineer's assistants, and the consulting engineer must be taxed as expenses under the petition. The commissioners shall personally examine the lands in the district and make a preliminary report to the court that states:
(a) whether the proposed work is necessary or would be of use in carrying out the purposes of the petition;
(b) whether the proposed work would promote the public health;
(c) whether the proposed work would promote the public welfare;
(d) whether the total benefits from the proposed work will exceed the cost of the work, together with the damages resulting from the work, and in arriving at this, they shall include all benefits and all damages resulting from the work both within and outside of the district.
(4) The commissioners shall in the report fix, as near as may be, and report to the court the boundaries of the proposed drainage district. The boundaries may not be changed from those in the petition described so as to deprive the court of jurisdiction by reason of not having on the petition the required number of signers owning land within the changed boundaries.
History: En. Sec. 27, Ch. 129, L. 1921; re-en. Sec. 7291, R.C.M. 1921; re-en. Sec. 7291, R.C.M. 1935; R.C.M. 1947, 89-2314; amd. Sec. 2810, Ch. 56, L. 2009.

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