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2013 Montana Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagmt0058 and id is 1 raw text is: VOLUME NO. 55

COUNTIES - Only the board of county commissioners has general supervision over the
county roads within the county;
COUNTY COMMISSIONERS - Only the board of county commissioners has general
supervision over the county roads within the county;
HIGHWAYS - Only the board of county commissioners has general supervision over
the county roads within the county;
LOCAL GOVERNMENT - A local government unit possesses only those powers
provided by law;
TAXATION AND REVENUE - An urban transportation district is restricted to operating
general public transportation systems and is not authorized to tax and manage county
roads within its border;
TRANSPORTATION, PUBLIC - An urban transportation district is restricted to
operating general public transportation systems and is not authorized to tax and manage
county roads within its border;
MONTANA CODE ANNOTATED - Sections 7-4-2102, -2121(1), (2), 7-14-102, -201,
-221;
MONTANA CONSTITUTION OF 1972 - Article XI, section 4(1)(c).
HELD:       An urban transportation district is restricted to operating general public
transportation systems and is not authorized to tax and manage county
roads within its border.
July 17, 2013
Mr. Scott Twito
Yellowstone County Attorney
P.O. Box 35025
Billings, MT 59107-5025
Dear Mr. Twito:
[Pl] You have requested my opinion as to three related questions, but I have
determined that an answer to the first question, which I have restated below, is
dispositive:

OPINION NO. 1