§ 7-2-2201 Authorization to create new counties
§ 7-2-2202 Limitations on creation of new counties
§ 7-2-2203 Repealed
§ 7-2-2204 Basis for determination of assessed valuation
§ 7-2-2205 Petition for creation of new county — number of signatures required
§ 7-2-2206 Contents of petition — petition approval procedure — deadline for filing signatures
§ 7-2-2207 Affidavits to be attached to petition — verification of signatures
§ 7-2-2208 Role of board of county commissioners — intercounty communication
§ 7-2-2209 Hearing and notice on petition
§ 7-2-2210 Repealed
§ 7-2-2211 Hearing on petition — protest
§ 7-2-2212 Exclusions and additions of territory upon petition
§ 7-2-2213 Resolution of board of county commissioners
§ 7-2-2214 Repealed
§ 7-2-2215 Election on question of creating new county — proclamation and notice
§ 7-2-2216 Establishment of election precincts
§ 7-2-2217 Appointment of election officials
§ 7-2-2218 Form of ballot
§ 7-2-2219 Repealed
§ 7-2-2220 Cost of election
§ 7-2-2221 Determination of county seat — temporary county seat
§ 7-2-2222 Effect of election — resolution by county commissioners
§ 7-2-2223 Procedure to complete creation of county
§ 7-2-2224 Offices and supplies for new county
§ 7-2-2225 Officers of new county
§ 7-2-2226 Term of office for initial officers of new county
§ 7-2-2227 Qualification, oath of office, and bond
§ 7-2-2228 Judicial district for new county
§ 7-2-2241 Commission to determine and adjust indebtedness and assessments for old and new counties
§ 7-2-2242 Conduct of business by commission
§ 7-2-2243 Compensation of commission members
§ 7-2-2244 Role of commission
§ 7-2-2245 Commission to certify information to county commissioners
§ 7-2-2246 Settlement between counties following adjustment of indebtedness
§ 7-2-2251 Collection of delinquent taxes
§ 7-2-2252 Assessment and collection of taxes for new county
§ 7-2-2253 Procedure to transfer money to school and road funds
§ 7-2-2254 Transfer and transcription of records
§ 7-2-2255 Transfer of court files and actions
§ 7-2-2256 Repealed

Terms Used In Montana Code > Title 7 > Chapter 2 > Part 22 - Creation of New Counties by Petition

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Age: means number of years since birth. See Montana Code 49-2-101
  • Age: means number of years since birth. See Montana Code 49-3-101
  • Aggrieved party: means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by a violation of this chapter. See Montana Code 49-2-101
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion. See Montana Code 49-4-602
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appointing authority: means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part. See Montana Code 49-4-502
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
  • Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
  • Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-2-101
  • Commission: means the commission for human rights provided for in 2-15-1706. See Montana Code 49-3-101
  • Commissioner: means the commissioner of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Court: means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court. See Montana Code 47-1-103
  • Covered entity: means :

    (a)a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

    (b)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602

  • Credit: means the right granted by a creditor to a person to defer payment of a debt, to incur debt and defer its payment, or to purchase property or services and defer payment. See Montana Code 49-2-101
  • Credit transaction: means any invitation to apply for credit, application for credit, extension of credit, or credit sale. See Montana Code 49-2-101
  • Creditor: means a person who, regularly or as a part of the person's business, arranges for the extension of credit for which the payment of a financial charge or interest is required, whether in connection with loans, sale of property or services, or otherwise. See Montana Code 49-2-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deaf person: means a person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications. See Montana Code 49-4-502
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 49-2-101
  • Director: means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029. See Montana Code 47-1-103
  • Disability: means :

    (a)a physical or intellectual impairment that substantially limits one or more of a person's major life activities;

    (b)a record of such an impairment; or

    (c)being regarded as having such an impairment. See Montana Code 49-4-602

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Educational institution: means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution. See Montana Code 49-2-101
  • Employee: means an individual employed by an employer. See Montana Code 49-2-101
  • Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101
  • Employment agency: means a person undertaking to procure employees or opportunities to work. See Montana Code 49-2-101
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • executive authority: includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a recognized Indian tribe within the state of Montana;

    (2)"governor" includes any person performing the functions of governor by authority of the law of this state;

    (3)"state" referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the state of Montana. See Montana Code 46-30-101

  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Financial institution: means a commercial bank, trust company, savings bank, finance company, savings and loan association, credit union, investment company, or insurance company. See Montana Code 49-2-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Housing accommodation: means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the sleeping quarters of its occupants. See Montana Code 49-2-101
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indigent: means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel. See Montana Code 47-1-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intermediary interpreter: means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter. See Montana Code 49-4-502
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
  • 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.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Labor organization: means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees. See Montana Code 49-2-101
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National origin: means ancestry. See Montana Code 49-2-101
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Office: means the office of state public defender established in 2-15-1029. See Montana Code 47-1-103
  • Organ transplant: means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. See Montana Code 49-4-602
  • Organization: means a corporation, association, or any other legal or commercial entity that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter. See Montana Code 49-2-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations. See Montana Code 49-2-101
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Physical or mental disability: means :

    (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii)a record of such an impairment; or

    (iii)a condition regarded as such an impairment. See Montana Code 49-2-101

  • Physical or mental disability: means :

    (i)a physical or mental impairment that substantially limits one or more of a person's major life activities;

    (ii)a record of such an impairment; or

    (iii)a condition regarded as such an impairment. See Montana Code 49-3-101

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal party in interest: means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken. See Montana Code 49-4-502
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: means release by the court without imprisonment of a defendant found guilty of a crime. See Montana Code 46-1-202
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
  • Public accommodation: means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. See Montana Code 49-2-101
  • Public defender: means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division. See Montana Code 47-1-103
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Qualifications: means qualifications that are genuinely related to competent performance of the particular occupational task. See Montana Code 49-3-101
  • Qualified interpreter: means an interpreter listed by the department of public health and human services as provided in 49-4-507. See Montana Code 49-4-502
  • Qualified recipient: means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

    (a)individuals or entities available to support and assist the person with an anatomical gift or transplantation;

    (b)auxiliary aids or services; or

    (c)reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:

    (i)communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or

    (ii)consideration of support networks available to the person, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602

  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:

    (a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

    (b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202

  • Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • Sex: has the meaning provided in 1-1-201. See Montana Code 49-2-101
  • Sex: has the meaning provided in 1-1-201. See Montana Code 49-3-101
  • 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
  • State or local governmental agency: means :

    (a)any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or

    (b)a county, city, town, school district, or other unit of local government and any instrumentality of local government. See Montana Code 49-3-101

  • Statement: means :

    (a)a writing signed or otherwise adopted or approved by a person;

    (b)a video or audio recording of a person's communications or a transcript of the communications; and

    (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • system: means the system of public defender services established pursuant to this chapter. See Montana Code 47-1-103
  • Testify: Answer questions in court.
  • Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Venue: The geographical location in which a case is tried.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203