PETITION PROCEDURE TO ESTABLISH, ALTER, OR ABANDON …



PETITION TO ESTABLISH ALTER, OR ABANDON

A COUNTY ROAD

TO: DAWSON COUNTY BOARD OF COMMISSIONERS

This petition is respectfully submitted this       day of      , 20      .

Contact Person:

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Contact Signature Date

List all attachments:

Sections

A Establish a county road

B Abandon a county road

C Alter a county road

D Reason for petition

E Legal description of petitioned road

Map of petitioned roadway and affected property.

Affected property Ownership Report

PETITION PROCEDURE TO ESTABLISH, ALTER, OR ABANDON A COUNTY ROAD UNDER SECTION 7-14-2601 MCA

Obtain a petition from the Dawson County Courthouse. Read the petition procedure carefully. If you have any questions or need clarification about the petition procedures, please contact the County Commissioners at 406 377 3562. Incomplete or inaccurate petitions will cause delays in the petition process.

1. Use section E to describe the complete and correct legal description for any petitions, and attach either a photocopy of the affected plat, Certificate of Survey, or Map to the petition. Mark and/or color on the map the area described in the legal description. These copies do not have to be full plats, but must detail the petitioned roadway and adjoining property. Copies of plats may be obtained from the Clerk and Recorder’s Office at the County Courthouse. Petitions that are not correct or incomplete will be returned to the petitioner.

2. Provide the reason for the petition using Section D of the petition.

3. Obtain at least TEN (10) signatures including addresses of free holders who wish to Establish a county road. It is recommended that more than ten signatures be on the petition so that the petition will not be voided if any signatures are invalid.

4. The board may not abandon a county road or right-of-way used to access private land if the access benefits two or more landowners unless all of the landowners agree to the abandonment

5. Obtain signatures of consent on the petition from all property owners affected by the roadway being petitioned in Sections A, B, or C. The signatures must be the same as recorded on voter registration forms filed at the courthouse.

6. Provide a legal description of the petitioned road using Section E.

7. Submit the petition along with any necessary attachments (warranty deeds, quit claim checks, etc) to the Dawson County Commissioners. Typically, within thirty (30) days of filing a correct and complete petition to establish, alter, or abandon a county road, the investigation will be conducted by no more than one commissioner and the road supervisor.

8. A report of the findings and recommendations will be issued to the Board of County Commissioners who will then schedule a public hearing. This hearing will be advertised in the newspaper and will be open to the public for comments from any person who may speak to the petition.

9. Normally within ten (10) days after the public hearing, the Board of County Commissioners will issue a notice of decision to all owners of land affected by the petitioned roadway.

10. If the petition is to abandon a subdivision or certificate of survey (COS), road the following will be required if abandonment is granted by the County Commissioners:

• The petitioner and/or benefiting property owners will be required to file an amended plat with the Clerk and Recorder.

• The amended plat will reflect the adjusted lot lines affected by this abandonment.

• This amended plat will need to be completed and filed with the Clerk and Recorder within a year of the approved petition.

Comply with all other specific conditions that are established by the Board of County Commissioners.

PETITION TO ESTABLISH A COUNTY ROAD

SECTION A

PRINTED NAME SIGNATURE ADDRESS

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PETITION TO ABANDON A COUNTY ROAD

SECTION B

Signatures and addresses of landowners in Dawson County

who wish to abandon a county road

PRINTED NAME SIGNATURE ADDRESS

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PETITION TO ALTER A COUNTY ROAD

SECTION C

Consent or non-consent of landowners in Dawson County

abutting and/or affected by the petitioned roadway

PRINTED NAME SIGNATURE ADDRESS

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PETITION TO ESTABLISH ALTER, OR ABANDON

A COUNTY ROAD

SECTION D

Reason for Petition

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SECTION E

Legal description of the petitioned roadway (attach additional sheets if needed)

or the general route thereof

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MCA RULES

Relating to County Roads

7-14-2601. Petition to establish, alter, or abandon a county road. (1) Any 10, or a majority, of the freeholders of a road district taxable therein for road purposes may petition the board in writing to open, establish, construct, change, abandon, or discontinue any county road in the district.

     (2) When the road petitioned for is on the dividing line between two counties, the same procedure must be followed except that a copy of the petition must be presented to each board. The two boards shall act jointly.

     (3) As used in this part, unless the context requires otherwise:

     (a) "board" means the board of county commissioners;

     (b) "abandonment" means cessation of use of right-of-way (easement) or activity thereon with no intention to reclaim or use again and is sometimes called "vacation".

7-14-2602. Contents of petition. The petition must set forth:

     (1) the particular road or roads to be opened, established, constructed, changed, abandoned, or discontinued;

     (2) the general route thereof;

     (3) the lands and owners affected;

     (4) whether the owners who can be found consent thereto;

     (5) where consent is not given, the probable cost of the right-of-way;

     (6) the necessity for and advantage of the petitioned action.

 7-14-2603. Investigation of request concerning road -- decision. (1) At its next regular or special meeting or in any case at a date within 30 days after filing of any petition, the board shall cause an investigation to be made of the feasibility, desirability, and cost of granting the prayer of the petition. The investigation shall be sufficient to properly determine the merits or demerits of the petition.

     (2) No more than one member of the board and the county surveyor shall make the investigation.

     (3) After considering the petition and the results of the investigation, the board shall make an entry of its decision on the minutes.

7-14-2604. Notice of decision on petition. Within 10 days thereafter, the board shall cause notice of its decision to be sent by certified mail to all owners of land abutting on the road petitioned for. The owners shall be those listed on the last county assessment roll.

7-14-2605. Opening of county road. If the petition is for the opening of a county road and the board grants the prayer ordering the road opened, it shall proceed at once to have it opened to the public and declare it to be a county road.

 7-14-2606. Survey of road. (1) The board may order the county surveyor, or some other competent surveyor if the county surveyor is incompetent, to survey and plat the road. The surveyor shall file the surveyor's field notes with the county clerk and recorder.

     (2) The surveyor must receive $7 a day and actual traveling expenses.

  7-14-2607. Damages resulting from establishment or alteration of road. (1) Whenever the board makes an order establishing or changing any road, it shall determine the amount of damages sustained by each owner or claimant of lands or improvements affected by the road. Damages must be determined by estimating the benefits and damages accruing. The sum estimated as benefits must be deducted from the sum estimated as damages, and the remainder, if any, must be the amount of damages awarded.

     (2) Damages must be paid to the owner or claimant, if known, upon the owner or claimant showing or establishing the right or title to the lands or improvements and furnishing proper deeds and releases.

7-14-2608. Effect of acceptance or rejection of award of damages. (1) If all awards are accepted, the board shall declare the road a county road and open it.

     (2) (a) If any award of damages provided for in 7-14-2607 is not accepted within 20 days after the date of the award, it shall be deemed rejected by the owner.

     (b) The board shall by order direct that proceedings to procure the right-of-way be instituted under Title 70, chapter 30 by the county attorney against all nonaccepting landowners.

     (c) In such proceedings it shall be made to appear that the board shall have declared by resolution that the right-of-way was necessary and desirable.

   7-14-2609. Effect of failure to give notice. The proceedings provided for in 7-14-2608 shall in no way be affected or invalidated by the failure of the board to give any notice or do any act provided for in this part. Failure to give any such notice shall not be considered by any court as a defense in any proceedings for procuring right-of-way.

  7-14-2611. Alteration of road to follow subdivision or section lines. (1) A majority of the freeholders or owners residing on any county road or portion thereof may petition the board in writing to so change the road or portion as to run on subdivision or section lines.

     (2) The board shall investigate in the same manner as provided in 7-14-2603. After investigation, the board may order the making of the change if it can be done without material damage, injury, or serious inconvenience to the public customarily using the road or portion.

     (3) Those petitioning for the change shall bear all or such portion of the cost and expense of making it as the board may order.

7-14-2612. Crossing of railroad, canal, or ditch by county road -- costs. (1) Whenever any county road is laid out on public lands across any railroad, canal, or ditch, the owners or users thereof must at their expense so prepare the railroad, canal, or ditch that the road may cross it without damage or delay.

     (2) When the right to cross is obtained through the judgment of any court, no damages shall be awarded.

 7-14-2615. Abandonment or vacation of county roads. (1) All county roads once established must continue to be county roads until abandoned or vacated by:

     (a) operation of law;

     (b) judgment of a court of competent jurisdiction; or

     (c) the order of the board.

     (2) An order to abandon a county road is not valid unless preceded by notice and public hearing.

     (3) The board may not abandon a county road or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another public road or right-of-way provides substantially the same access.

     (4) The board may not abandon a county road or right-of-way used to access private land if the access benefits two or more landowners unless all of the landowners agree to the abandonment.

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