81-4-322. Horse herd districts -- size -- location -- petition -- notice and hearing -- abolishment. (1) Horse herd districts may be created in any county in the state of Montana upon the petition of owners or possessors of 55% of the land of such district. Such district shall contain 12 square miles or more lying not less than 1 mile in width outside of incorporated cities or towns. Such petition shall designate the months of the year when horse herd district regulations are effective.
     (2) Upon presentation and filing of a petition properly signed and reciting the outside boundaries and description of the proposed district, together with the post-office address of the signers thereof, with the clerk and recorder in the county in which the said district is being created, the county commissioners of such county upon receipt thereof shall set a date for hearing protests and verification of signatures thereto and shall give not less than 20 days' notice of the same by three publications in a newspaper of general circulation in the county of the proposed district. Should it appear to such county commissioners, after such hearing, that the signatures attached to such petition were genuine, they shall immediately make an order declaring such horse herd district created and established, after which the county commissioners must give notice by two weekly publications in some newspaper in the county, nearest the district, stating the period when such horse herd district will be in effect and when such district shall not be in effect. Such order shall not be effective until 30 days have expired after the order.
     (3) Such herd districts may be abolished at any time upon proceedings as hereinbefore set forth for the establishment of such herd district.
     (4) The estimated expense of all publications required by 81-4-321 through 81-4-328 shall be paid by the petitioners, and no part thereof shall be paid by the county.
     (5) Upon petition of any owner or possessor of land lying contiguous and adjoining any herd district heretofore created and upon like hearing and notice as hereinabove provided for, such lands shall be included in such herd district and become a part thereof.
     (6) Should the signature of a lessee appear on the petition creating or abolishing any herd district, the owner or owners of said land may appear either in person or by agent and enter their protest, and the board of county commissioners shall remove the name of lessee from said petition, and no person shall be permitted to withdraw his name after the hour set for hearing same.

     History: En. Sec. 1, Ch. 119, L. 1931; amd. Sec. 1, Ch. 57, L. 1933; re-en. Sec. 3389.2, R.C.M. 1935; R.C.M. 1947, 46-1601.