Montana Code Annotated 2001

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     7-12-4422. Assessment of costs -- area, frontage, lot, and taxable valuation options. (1) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.
     (2) The city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against the entire district as follows:
     (a) each lot or parcel of land within such district may be assessed for that part of the cost which its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;
     (b) each lot or parcel of land within such district abutting upon a street upon which maintenance is done may be assessed for that part of the cost which its street frontage bears to the street frontage of the entire district;
     (c) if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;
     (d) each lot or parcel of land, including the improvements thereon, may be assessed for that part of the cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district; or
     (e) any combination of the assessment options provided in subsections (2)(a) through (2)(d) may be used for the district as a whole or for any lot or parcel within the district.

     History: En. Sec. 28, p. 218, L. 1897; re-en. Sec. 3394, Rev. C. 1907; re-en. Sec. 5276, R.C.M. 1921; amd. Sec. 2, Ch. 97, L. 1927; re-en. Sec. 5276, R.C.M. 1935; R.C.M. 1947, 11-2267(2); amd. Sec. 2, Ch. 657, L. 1985; amd. Sec. 1, Ch. 178, L. 1987.

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