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SENATE BILL NO. 177
INTRODUCED BY S. STANG
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING HERD DISTRICT LAWS BY ALLOWING A COUNTY COMMISSION TO CREATE A HERD DISTRICT OF 1 SQUARE MILE OR MORE OUTSIDE OF INCORPORATED CITIES; AND AMENDING SECTION 81-4-301, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 81-4-301, MCA, is amended to read:
"81-4-301. Herd districts -- creation, size, and location. (1) (a)
Herd districts Except as provided in subsection
(1)(b), a herd district may be created in any county in the state of Montana upon petition of owners or possessors of 55% of
the land in such the district and providing 25% or more of the land in such the district is in actual cultivation or being used
for residential purposes. Such Herd districts must contain 12 square miles or more, lying not less than 1 mile in width,
outside of the incorporated cities , except that herd districts. A herd district may be created containing not less than 6 or
more than 54 square miles, lying not less than 2 miles in width, when such the territory joins and is contiguous with the
boundaries of a city having a population of 10,000 or more and such the territory so to be created in a the herd district has a
suburban population of not less than 200 people.
(b) The commissioners of a county may, upon petition of owners or possessors of 55% of the land in a district, create a herd district of 1 square mile or more outside of incorporated cities.
(2) In formation of
such a herd district, the entire holding of any owner or lessee must be included unless such the
owner or lessee consents that less than his the owner or lessee's entire contiguous holdings be included in the petition.
Such The petition shall must designate the months of the year when the herd district is effective, and upon
presentation and filing of such the petition, properly signed, giving the outside boundaries and description of the proposed
district and the post-office address of the petition signers thereto, with the clerk and recorder in the county in which the said
district is being created, the county commissioners of such that county, upon receipt thereof of the petition, shall set a date
for hearing protests and verifying the petition signatures thereto and shall give not less than 20 days' notice of the same
hearing by three publications in a newspaper of general circulation in the county of the proposed district. At the hearing
held pursuant to such the notices, the county commissioners shall examine the petition and shall cause a map to be made in
order to determine the shape and regularity of the boundaries of the proposed district. The commissioners may then
establish the district, but such the district shall may be established only in such a manner that the district will be reasonably
regular and symmetrical in shape or practicable in relation to the geographical features of such the district. It is not required
that the boundaries of any district follow section lines to meet the requirement of reasonably regular and symmetrical
Should it appear to such If the county commissioners after such the hearing determine that the signatures attached to
such the petition were are genuine, they shall immediately declare such the herd district created and established ; after
which. After making the declaration, the county commissioners must shall give notice by four weekly publications in some
newspaper nearest the district of the creation of such districts the district, also stating the period such districts the district
will be in effect. Such districts shall A district may not be in effect until 30 days have expired after the order declaration.
(5) Upon petition of any owner or possessor of lands lying contiguous and adjoining any herd district
created and upon like hearing and notice as hereinabove provided for in subsection (3), such the lands shall must be
included in said the herd district and become a part thereof of the district. Should the signature of lessee appear on the
petition creating or abolishing any herd district, the owner or owners of said the land may appear either in person or agent
and enter their protest and the board of county commissioners shall remove the name of the lessee from said the petition,
and no a person shall be permitted to may not withdraw his the person's name after the hour set for hearing same the
- END -
Latest Version of SB 177 (SB0177.01)
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