85-9-405. Directors’ powers over property. On behalf of the district, the directors may:

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

Terms Used In Montana Code 85-9-405

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Devise: To gift property by will.
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: means real and personal property. See Montana Code 1-1-205
  • Works: means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution. See Montana Code 85-9-103

(1)enter private property for the purposes of making surveys, provided that just compensation for actual damages is made;

(2)appropriate water and initiate or participate in the adjudication of streams;

(3)acquire, undertake, construct, develop, improve, maintain, and operate works and all incidental facilities;

(4)acquire by purchase, exchange, gift, lease, grant, devise, or otherwise lands, water, water rights, or rights-of-way as necessary for the execution of any authorized function of the district. Title to all property (including water rights) shall be in the name of the district.

(5)hold and dispose of property as necessary or convenient in the performance of the functions of the district;

(6)allocate or reallocate unused waters of the district.