85-8-344. Alteration of boundaries. If the commissioners find that the proposed district, as described in the filed petition, will not embrace all of the lands, including improvements, that will be benefited by the proposed work or that it will include lands that will not be benefited and are not necessary to be included in said district for any purpose, they shall extend or contract the boundaries of the proposed district so as to include or exclude all such lands or improvements, as the case may be, and the boundaries adopted and reported by them, upon the hearing of their report, as hereinafter provided, upon their application or that of any person interested, may be altered by the court in such manner as shall appear to be just; provided, that the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable. Said report shall be filed with the clerk of the court.
History: En. Sec. 51, Ch. 129, L. 1921; re-en. Sec. 7315, R.C.M. 1921; re-en. Sec. 7315, R.C.M. 1935; amd. Sec. 6, Ch. 409, L. 1973; R.C.M. 1947, 89-2338.
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