Montana § 7-2-4752 Court Review And Decision When Area Not Annexed

Montana Statutes

§ 7-2-4752 — Court Review And Decision When Area Not Annexed

Montana·Title 7 LOCAL GOVERNMENT·Ch. 2 CREATION, ALTERATION, AND ABANDONMENT OF LOCAL GOVERNMENTS·Part 47 Annexation With the Provision of Services

7-2-4752 . Court review and decision when area not annexed.

(1)The court, without a jury, shall hear and determine the questions presented in the petition.

(2)The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:

(a)essential municipal services and facilities are not available to the inhabitants of such territory;

(b)the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and

(c)at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.

(3)If, however, the evidence does not establish all three of the foregoing factors, the court shall

Free access — add to your briefcase to read the full text and ask questions with AI

7-2-4752 . Court review and decision when area not annexed. (1) The court, without a jury, shall hear and determine the questions presented in the petition.
(2) The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of this state, if the evidence establishes that:
(a) essential municipal services and facilities are not available to the inhabitants of such territory;
(b) the municipality is physically and financially able to provide municipal services to the area sought to be annexed; and
(c) at least one-eighth of the aggregate external boundaries of the territory sought to be annexed is contiguous to the boundaries of the municipality.
(3) If, however, the evidence does not establish all three of the foregoing factors, the court shall deny the petition to annex and dismiss the proceeding.

Montana § 7-2-4752 (Court Review And Decision When Area Not Annexed) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.