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10 opinions issued in 1997.
Parcels of land are not exempt from the requirements of the Subdivision and P…
Dec 30, 1997
Parcels of land are not exempt from the requirements of the Subdivision and Platting Act solely by virtue of the fact that they are described by reference to boundaries established by a United States Government Survey.
In situations in which application of Article IV, Section 8 (2) and Section 3…
Nov 6, 1997
In situations in which application of Article IV, Section 8 (2) and Section 3 of CI-64 could produce conflicting results, the latter provision controls. Applying this rule, for state senators serving a term of office beginning in January 1991, the term limit calculation did not begin until that officer was elected to (or otherwise began serving in) a term beginning during or after January 1993. The reference in CI-64 to “terms of office” refers to the terms provided by the Constitution and statutes for the offices covered by CI-64. The reference in Article IV, Section 8 (1) to “years” of service ascribes two years of service for every complete term as a member of the House of Representatives and four years of service for every complete term in the state Senate and in the executive branch offices covered by CI-64, disregarding minor deviations from a 12-month calendar year caused by the differences in the initial dates of terms of office. Article IV, Section 8 (1) bars a candidate from the ballot if the candidate has served eight or more years in the office sought during the 16-year period ending at the conclusion of the term of office during which the candidate seeks election. The conclusions expressed in this opinion apply to candidates for the Public Service Commission under Mont. Code Ann. § 69-1-105.