Montana Code Annotated 2023

TITLE 76. LAND RESOURCES AND USE

CHAPTER 15. CONSERVATION DISTRICTS

Part 3. Administration of Conservation Districts

Legal Status Of District -- Immunity

76-15-320. Legal status of district -- immunity. (1) A conservation district and the supervisors of a conservation district may:

(a) sue and be sued in the name of the district;

(b) satisfy a judgment or settlement pursuant to 2-9-316;

(c) have a seal that is judicially noticed;

(d) have perpetual succession unless terminated as provided in this chapter;

(e) implement Title 75, chapter 7, part 1; and

(f) make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2) A conservation district, conservation district supervisor, or conservation district employee is immune from suit for any liability that might otherwise be incurred or imposed for an act or omission committed while engaged in conservation district activities pursuant to Title 75, chapter 7, part 1, or this chapter, unless the act or omission constitutes gross negligence, was committed in bad faith, or was committed with malicious purpose.

History: En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(part); amd. Sec. 2, Ch. 23, L. 1999.