Boundary Legal Land Descriptions
What is a boundary legal description?
"a method of describing a particular parcel of land in such a way that it uniquely describes the particular parcel and no other. A legal description may be a simple reference to a lot as shown on a subdivision plat, or be described by metes and bounds. To be adequate, it should be sufficient to locate the property without oral testimony." Surveyor's Definition
Available Boundary Legal Descriptions
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State of Montana Boundary Legal Description:
Can be found in Article I of the original Constitution of the State of Montana, adopted in 1889. The current Montana Constitution (1972) does not include a description of the state boundary.
Montana Boundary Statute
Taken from the Montana Code Annotated 2017
7-1-21: Counties.
Article XI, Section 2: Counties. The counties of the state are those that exist on the date of ratification of this constitution. No county boundary may be changed or county seat transferred until approved by a majority of those voting on the question in each county affected.
(School Districts) 20-6-103: Permanent record of district boundaries. (1) The board of county commissioners shall maintain a permanent record which plainly and definitely describes the boundaries of each district within the county. The county superintendent shall keep a transcript of the record in his office and shall be responsible for keeping the record current.
(Special Districts) 7-11-1006. Determining special district boundaries. (1) The boundaries of the proposed special district must be mapped and clearly described before the district may be approved. (2) The governing body or petitioners shall consult with a professional land surveyor, as defined in 37-67-101, to prepare a legal description of the boundaries for the proposed special district. (3) The boundaries must follow property ownership, precinct, school district, municipal, and county lines as far as practical.
7-4-2611: Role and duties of county clerk and election administrator. (2) The county clerk shall: (k) when a new township is organized or the boundaries of a township are altered, immediately make out and transmit to the secretary of state a certified statement of the names and boundaries of the township organized or altered;
7-4-2616: Map book. The county clerk shall keep a well-bound book containing maps of towns, villages, or additions to the towns or villages within the county, together with the description, acknowledgment, or other writing on the maps.
13-3-103. Certification of boundary changes. (1) Not more than 10 days after an order of the governing body has established or changed the boundaries of an election precinct, the governing body shall ensure that a written legal description and a map showing the borders of all precincts and districts in which elections are held within the county are prepared and delivered to the election administrator. (2) Not more than 10 days after school district or other election district boundaries have been changed, the governing body making the change shall certify any changes or alterations in the boundaries to the election administrator and deliver a written legal description and a map showing boundaries of the wards, school districts, or other election districts. The map must be sufficiently detailed to clearly identify the wards or districts and the territory included in each.
Theme Lead
Meghan Burns
Montana State Library
mburns2@mt.gov
(406) 444-1550
