Title 7, Title 7

A transportation improvement authority has all the powers necessary to carry out the purposes of this part, including the power to: (1) sue and be sued, have a seal, and have perpetual succession; (2) execute contracts and other instruments and take other action as may be necessa…

(1) A transportation improvement authority may adopt, amend, and repeal reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance, as well as for the management, governance, and use of a transportation facility owne…

Property in this state acquired for a transportation improvement authority for transportation purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as …

The highway authorities of the counties, incorporated cities, and towns may, respectively or in cooperation with each other or the state, acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. The p…

The board of county commissioners of any county may in its discretion authorize and permit the use of any county highway or road machinery or equipment, when not in use in any rural district, in connection with the construction, repair, and maintenance of streets, avenues, and al…

Whenever a governing body discontinues, abandons, or vacates a street, alley, or road under part 26 or part 41, the costs of such process may be assessed against the petitioning property owner. Such costs may include costs of publication, engineering, and site viewing.

An individual is entitled to vote at an election under this chapter conducted pursuant to 15-10-425 if the individual possesses all of the qualifications required of electors under 13-1-111 and is: (1) a resident of the area that is or may be subject to a tax under this chapter; …

(1) Any county or municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a local port authority, authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Such a gove…

(1) Two or more local governments may by joint resolution create a public body, corporate and politic, to be known as a regional port authority. The resolution creating a regional port authority must create a board of not less than five commissioners. The number to be appointed, …

(1) The powers of each authority are vested in the commissioners of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by…

(1) The purposes of a port authority are to: (a) promote, stimulate, develop, and advance the general welfare, commerce, economic development, and prosperity of its jurisdiction and of the state and its citizens; (b) endeavor to increase the volume of commerce within the jurisdic…

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of ports and facilities pursuant to this part, any county or municipality for which an authority has been created upon such terms, with or without consideration, as it may determine…

(1) Any registered elector in the county or municipality in which the local port authority is located may file a declaration of candidacy with the election administrator. The declaration must be filed within the time period for candidate filing specified in 13-1-502. (2) The elec…

(1) Subject to 15-10-420, a county, urban transportation district, or municipality may levy property taxes to fund special transportation services for senior citizens and persons with disabilities. (2) The proceeds of the levy may be used to: (a) contract with public or private t…

An authority has all the powers necessary or convenient to carry out the purposes of this part, including but not limited to the power to: (1) subject to 15-10-420, request annually the amount of tax to be levied by the governing body for port purposes, which request the governin…

An authority may adopt, amend, and repeal such reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, and use of any transportation, storage, or other facility owned by …

(1) There is a senior citizen and persons with disabilities transportation services account in the state special revenue fund. Money must be deposited in the account pursuant to 15-68-820(2). (2) The account must be used to provide operating funds, matching funds for operating gr…

In addition to the general and special powers conferred by this part, each authority may exercise all powers incidental to the exercise of such general and special powers.

(1) In connection with the operation of a transportation, storage, or other facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 30 years with any persons: (a) granting the privilege of using …

Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 7-14-1136, an authority may sell, lease, or otherwise dispose of any transportation, storage, or other facility or other property or portion of or interest in the facility or prope…

Subject to 15-10-420, the port authority may request annually from the governing bodies the amount of tax to be levied by each municipality participating in the creation of the port authority, and the municipality may levy the amount requested, pursuant to provisions of law autho…

In counties supporting ports of port authorities, a levy authorized in 67-10-402 may be made for such purposes.

(1) Except for providing financial support to a private development organization, including a corporation organized under Title 32, chapter 4, whose purpose is to advance the economic development of its jurisdiction and of the state and its citizens, an authority may borrow money…

(1) Subject to the conditions stated in this section, the governing body of a county or of a municipality having a population in excess of 10,000 may by resolution covenant that if at any time all revenue, including taxes, appropriated and collected for bonds issued pursuant to t…

A port authority may create a debt service fund and accumulate therein a sum determined by the governing body, together with interest thereon, for the use, repairs, maintenance, and capital outlays of a port.

An authority may accept, receive, receipt for, and spend federal and state money and other public or private money made available by grant or loan to accomplish any of the purposes of this part. All federal money accepted under this section must be accepted and spent by the autho…

Any property in this state acquired by an authority for port purposes pursuant to the provisions of this part, any income derived by the authority from the ownership, operation, or control thereof, including property acquired, and income derived from organizations, including corp…

(1) The department of transportation is authorized to issue to a local government a grant for construction of a demonstration truck/train transloading facility. The department shall solicit and accept proposals for no less than 2 months following the issuance of requests for prop…

As used in this part, the following definitions apply: (1) "Authority" means a rail authority as provided in this part. (2) "Board" means a board of county commissioners. (3) "Common carrier" means a railroad engaged in transportation for hire. (4) "Directors" means the directors…

(1) The purpose of an authority is to provide for the preservation and improvement of abandoned rail service for agriculture, industry, or passenger traffic and to provide for the preservation of abandoned railroad right-of-way for future transportation uses, when determined to b…

(1) A board of county commissioners may create an authority encompassing an entire county or a portion of a county. Before creating an authority, the board shall pass a resolution of intention. (2) The resolution must state: (a) the proposed name of the authority; (b) the propose…

(1) The text of the resolution referred to in 7-14-1611 must be published as provided in 7-1-2121. (2) At the time for the hearing, the board shall hear testimony for and against the creation of the authority. The hearing may be adjourned from time to time for the determination o…

(1) The board, upon completion of the public hearing, may pass a resolution creating an authority. (2) At the same time, the board shall appoint five persons as directors of the authority. A director shall hold office for 2 years and until a successor is appointed. Three of the d…

(1) Two or more counties may by joint resolution create a regional rail authority. The resolution creating a regional rail authority must create a regional rail authority board of not less than five directors. The number of directors to be appointed, their term of office, and the…

(1) The powers of an authority are vested in the directors of the authority. A majority of the directors constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the authority upon a vote…

For the purpose of cooperating in the planning, construction, or operation of railroads pursuant to this part, a county for which an authority has been created may: (1) lend or donate money to the authority; (2) provide that all or a portion of the taxes or funds available or req…

An authority has all the powers necessary to carry out the purposes of this part, including but not limited to the power to: (1) sue and be sued, have a seal, and have perpetual succession; (2) execute contracts and other instruments and take other action as may be necessary to c…

(1) Within the boundaries of the authority, the authority may establish, acquire, construct, purchase, improve, maintain, equip, operate, regulate, and protect railroads and railroad facilities, including but not limited to terminal buildings, roadways, crossings, bridges, causew…

An authority may adopt, amend, and repeal reasonable resolutions, rules, and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, or use of a railroad or railroad facility owned by or under its control.…

The authority may certify annually to the board of county commissioners the amount of money necessary for the operation of the authority. Upon approval by the electorate, the board shall annually, at the time of levying county taxes, fix and levy a tax in mills upon all property …

(1) Before the levy provided for in 7-14-1632 may be made, the question must be submitted to a vote of the people at an election held pursuant to 15-10-425. (2) Notice of the election, clearly stating the amount and the purpose of the levy, must be given, and the election must be…

(1) The procedure for the collection of the tax must be in accordance with the existing laws of the state of Montana. (2) The proceeds from the tax levy must be deposited in a special account in which other revenues of the authority are deposited and may be expended by the author…

(1) In connection with the operation of a railroad or a railroad facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements: (a) granting the privilege of operating or using the railroad or railroad facility; (b) leasing a…

(1) An authority may borrow money for any of its corporate purposes and issue bonds for its purposes, including refunding bonds, in a form and upon terms as it determines, payable out of any revenue of the authority, including revenue derived from: (a) a railroad; (b) taxes levie…

An authority may create a debt service fund and accumulate in the fund a sum determined by the directors, together with the interest on the sum, for the use, repair, maintenance, and capital outlay expenses of a railroad.

Property in this state acquired by an authority for railroad purposes pursuant to the provisions of this part and income derived by the authority from the ownership, operation, or control of property are exempt from taxation to the same extent as other property used for public pu…