85-8-117. Contest by landowners. (1) On the day fixed for hearing on such petition, all parties owning lands or any interest or easement in land within said proposed district or who would be affected thereby may appear and contest:

Terms Used In Montana Code 85-8-117

  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writing: includes printing. See Montana Code 1-1-203

(a)the sufficiency of the petition;

(b)the sufficiency of the signers of the petition;

(c)the sufficiency of the notice;

(d)the constitutionality of the law; and

(e)the jurisdiction of the court, specifying their objections to such jurisdiction.

(2)The petitioners and contestants may, on the trial, offer any competent evidence in regard thereto. All notices of contest shall be in writing and shall clearly specify the grounds of contest.