Montana Code 7-33-2142. Division of district — petition — plan for division
7-33-2142. Division of district — petition — plan for division. (1) (a) A fire district’s board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners of property representing 40% or more of the taxable value of property in the area proposed to be detracted from the original district.
Terms Used In Montana Code 7-33-2142
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Property: means real and personal property. See Montana Code 1-1-205
(b)The petition must describe the boundaries of the proposed detracted area and the boundaries of the remaining area.
(2)At the time it votes to divide, the board shall adopt a division plan that contains:
(a)a timetable for division, including the effective date, that must be after the time allowed for protests to the division;
(b)the names of the new rural fire districts;
(c)the boundary maps of the new districts;
(d)the estimated financial impact of the division on an owner of a home valued at $100,000; and
(e)a method for the fair and equitable division of the assets and liabilities of the original district among the new districts.
(3)The board of trustees shall forward the plan to the board of county commissioners in the county where the districts are located.
(4)Within 21 days of receipt of the plan, the board of county commissioners shall set a date for a public hearing on the division and shall give notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the proposed detracted area is within the limits of an incorporated city or town.