Terms Used In Montana Code > Title 85 > Chapter 15 - Dam Safety Act

• 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.
• Board of directors: means the board of directors of the resort area district. See Montana Code 7-6-1501
• Capital improvements: means improvements, land, and equipment with a useful life of 10 years or more that increase or improve the service capacity of a public facility. See Montana Code 7-6-1601
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Connection charge: means the actual cost of connecting a property to a public utility system and is limited to the labor, materials, and overhead involved in making connections and installing meters. See Montana Code 7-6-1601
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Development: means construction, renovation, or installation of a building or structure, a change in use of a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities. See Montana Code 7-6-1601
• 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.
• Governmental entity: means a county, city, town, or consolidated government. See Montana Code 7-6-1601
• Impact fee: means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. See Montana Code 7-6-1601
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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.
• 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.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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
• Proportionate share: means that portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project. See Montana Code 7-6-1601
• Public facilities: means :

  (a)a water supply production, treatment, storage, or distribution facility;

  (b)a wastewater collection, treatment, or disposal facility;

  (c)a transportation facility, including roads, streets, bridges, rights-of-way, traffic signals, and landscaping;

  (d)a storm water collection, retention, detention, treatment, or disposal facility or a flood control facility;

  (e)a police, emergency medical rescue, or fire protection facility; and

  (f)other facilities for which documentation is prepared as provided in 7-6-1602 that have been approved as part of an impact fee ordinance or resolution by:

  (i)a two-thirds majority of the governing body of an incorporated city, town, or consolidated local government; or

  (ii)a unanimous vote of the board of county commissioners of a county government. See Montana Code 7-6-1601

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Resort area: means an area that:

  (a)is an unincorporated area and is a defined contiguous geographic area;

  (b)has a population of less than 2,500 according to the most recent federal census;

  (c)derives more than 50% of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

  (d)has been designated by the department of commerce as a resort area not more than 2 years prior to its establishment by the county commissioners as provided in 7-6-1508. See Montana Code 7-6-1501

• Resort area district: means a district created under 7-6-1532 through 7-6-1536, 7-6-1539 through 7-6-1544, 7-6-1546 through 7-6-1548, and 7-6-1550 that has been established as a resort area under 7-6-1508. See Montana Code 7-6-1501
• 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
• Trustee: A person or institution holding and administering property in trust.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Writing: includes printing. See Montana Code 1-1-203