Montana § 82-4-142 Mandamus To Compel Enforcement

Montana Statutes

§ 82-4-142 — Mandamus To Compel Enforcement

Montana·Title 82 MINERALS, OIL, AND GAS·Ch. 4 RECLAMATION·Part 1 Strip and Underground Mine Siting

82-4-142 . Mandamus to compel enforcement.

(1)A resident of this state who has knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed in 45-7-202 .

(2)If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district co

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82-4-142 . Mandamus to compel enforcement. (1) A resident of this state who has knowledge that a requirement of this part or a rule adopted under this part is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed in 45-7-202 .
(2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district court of the county in which the land is located. If the court finds that a requirement of this part or a rule adopted under this part is not being enforced, it shall order the public officer or employee whose duty it is to enforce the requirement or rule to perform the duties. If the officer or employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.

Montana § 82-4-142 (Mandamus To Compel Enforcement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 50-1612 by Sec. 12, Ch. 280, L. 1974; R.C.M. 1947, 50-1612; amd. Sec. 2, Ch. 201, L. 1979; amd. Sec. 2732, Ch. 56, L. 2009; amd. Sec. 46, Ch. 535, L. 2021.