HOUSE BILL NO. 418
INTRODUCED BY C. YOUNKIN
AN ACT DESCRIBING THE DUTY TO BUILD AND MAINTAIN FENCES WITH REGARD TO A HERD DISTRICT AND A HORSE HERD DISTRICT; REQUIRING THAT WHEN OWNERS OR POSSESSORS OF LAND THAT IS CONTIGUOUS TO A HERD DISTRICT PETITION TO HAVE THEIR PROPERTY ANNEXED TO THAT DISTRICT, THE OWNERS OR POSSESSORS OF AT LEAST 55 PERCENT OF THE LAND SIGN THE PETITION; AMENDING SECTION 81-4-310, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Duty to build and maintain fences. Upon creation of a herd district pursuant to 81-4-301, 81-4-304, or 81-4-322, fences must be constructed by the entities creating the herd district. Upon approving an annexation to an existing herd district pursuant to 81-4-310, fences must be constructed by the entities being annexed into the herd district. All fences must be maintained pursuant to 70-16-205. All fences must conform with the requirements of 81-4-101. An action to enforce the provisions of this section may be brought by the aggrieved party in the district court in the county where the land is situated.
Section 2. Section 81-4-310, MCA, is amended to read:
"81-4-310. Annexation into existing herd district. (1) Owners or
possessors of land that is contiguous to a herd district may petition to have
their property annexed to that district. The petition must be properly signed by
all the owners or possessors of at least 55% of the affected owners or
possessors of land and must include the post-office address of all petition
signers. The petition must state the outside boundaries and a description of
the property to be annexed to the existing district. When the petition is filed
with the clerk and recorder in the county in which the existing district lies, the
county commissioners of that county shall set a date for hearing protests and
verifying petition signatures. The county commissioners shall provide notice
of the hearing by publishing the hearing date and a list of the properties
proposed to be annexed, at least three times in a newspaper of general
circulation in the county, not less than 20 days prior to the hearing date.
(2) At the hearing held pursuant to subsection (1), the county commissioners shall examine the petition and have a map drawn up in order to determine the shape and regularity of the boundaries of the property proposed for annexation. If the county commissioners determine that the boundaries are reasonably regular and symmetrical in shape in relation to the geographical features of the properties proposed for annexation, the county commissioners may declare that those properties are annexed into the existing herd district.
(3) If the county commissioners declare the properties annexed to the existing herd district, they shall give notice of the annexation by four weekly publications in a newspaper of general circulation in the county. Annexation does not become effective until 30 days after the declaration of annexation is made, as provided in subsection (2)."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 81, chapter 4, and the provisions of Title 81, chapter 4, apply to [section 1].
Section 4. Effective date. [This act] is effective on passage and approval.
Section 5. Applicability. [This act] applies to herd districts created or annexation actions that occur after [the effective date of this act].
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Latest Version of HB 418 (HB0418.ENR)
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