Montana Code 7-2-4752. Court review and decision when area not annexed
7-2-4752. Court review and decision when area not annexed. (1) The court, without a jury, shall hear and determine the questions presented in the petition.
Terms Used In Montana Code 7-2-4752
- Contiguous: means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state. See Montana Code 7-2-4704
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Municipality: means any incorporated city or town. See Montana Code 7-2-4704
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:
(a)essential municipal services and facilities are not available to the inhabitants of such territory;
(b)the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and
(c)at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.
(3)If, however, the evidence does not establish all three of the foregoing factors, the court shall deny the petition to annex and dismiss the proceeding.