Senate bill NO. 220

INTRODUCED BY C. Glimm

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO MUNICIPAL ANNEXATION; CLARIFYING THAT COUNTY PARKS AND CERTAIN PUBLIC INFRASTRUCTURE ARE INCLUDED IN ANNEXATION; AND AMENDING SECTION 7-2-4211, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-2-4211, MCA, is amended to read:

"7-2-4211. Inclusion of roads, rights-of-way, and parks in annexation. (1) In all instances of annexation allowed under parts 42 through 47 of this chapter, the municipality shall include:

(1)(a)     as allowed in 7-16-2324, parks created pursuant to Title 76, chapter 3, except for county-owned parks unless expressly excluded from annexation by a county, that are wholly surrounded by other property being or already annexed; and

(2)(b)    the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed; and

(c)        public infrastructure and associated public land and easements, including any infrastructure installed under public streets or roadways that are wholly surrounded by other property being or already annexed or within any public streets or roads, including the rights-of-way, that are within or adjacent to property being annexed unless expressly excluded from annexation by a county.

(2)          As used in this section, "public infrastructure" means infrastructure owned, operated, and managed by a county or municipality, including drinking water systems, storm water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, streets, and bridges."