85-9-304. Appointment of receiver — assessments. (1) If a plan is not presented on or before the date set by the court, the court shall appoint a receiver to terminate the affairs of the district under the supervision of the court.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 85-9-304

  • Court: means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district. See Montana Code 85-9-103
  • Directors: means the board of directors of a conservancy district. See Montana Code 85-9-103
  • District: means a conservancy district. See Montana Code 85-9-103

(2)Upon the appointment of a receiver, all authority of the directors ceases. However, until dissolution, the receiver has authority to levy assessments for:

(a)the payment of obligations of the district; and

(b)the costs of termination.

(3)The directors or, if there is a receiver, the receiver, with the approval of the court, shall make assessments each year in an amount large enough to retire the obligations of the district.

(4)If a receiver has been appointed, the receiver shall direct, under court supervision, the disposition of all assessments collected.