Montana Code Annotated — Title 15 (Taxation)
Mont. Code Ann. § 15-8-115
Department To Defend Property Tax Appeals -- Costs And Judgments
15-8-115 . Department to defend property tax appeals -- costs and judgments.
# (1)
Except as provided in 15-8-202 , the department is the party defendant in any proceeding before a county tax appeal board, the Montana tax appeal board, or a court of law that seeks to dispute or adjust an action of the department under 15-8-101 arising from the exercise of the department's duties as prescribed by law or administrative rule. For the purposes of proceedings before county tax appeal boards, service on the department may be obtained by serving the person designated to receive service for the department.
# (2)
Costs, if any, must be assessed against the department and not against a local taxing unit.
# (3)
In a suit brought in a court of this state for the refund of taxes paid under protest in which the taxes paid are held by the treasurer of a unit of local government in a protest fund, the court shall enter judgment, exclusive of costs, against the treasurer if the court finds the taxes should be refunded.
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In this chapter (40 sections)
- 15-8-101 · Department Responsibilities
- 15-8-102 · County To Furnish Office Space -- Allowable Charge
- 15-8-103 · Repealed
- 15-8-104 · Department Audit And Review Of Taxable Value -- Costs Paid…
- 15-8-105 · Repealed
- 15-8-106 · Repealed
- 15-8-107 · Through 15-8-110 Reserved
- 15-8-111 · Appraisal -- Market Value Standard -- Exceptions
- 15-8-112 · Assessments To Be Made On Classification And Appraisal
- 15-8-113 · Appeal From Percentage Assignment
- 15-8-114 · Repealed
- 15-8-115 · Department To Defend Property Tax Appeals -- Costs And…
- 15-8-116 · Through 15-8-119 Reserved
- 15-8-120 · Restricted Access To Income And Expense Information…
- 15-8-201 · General Assessment Day
- 15-8-202 · Motor Vehicle Assessment By Department Of Justice
- 15-8-203 · Repealed
- 15-8-204 · Supplemental Assessment
- 15-8-205 · Initial Assessment Of Class Four Trailer, Manufactured Home,…
- 15-8-301 · Statement -- What To Contain
- 15-8-302 · Repealed
- 15-8-303 · Statement To Be Completed And Returned To Department
- 15-8-304 · Enforcement Powers Of Department
- 15-8-305 · Repealed
- 15-8-306 · Property Concealed Or Misrepresented
- 15-8-307 · Land Assessment
- 15-8-308 · Assessment Not Illegal For Informality Or Delay
- 15-8-309 · Violation And Penalty
- 15-8-401 · Consigned Property
- 15-8-402 · Property Of Person
- 15-8-403 · Repealed
- 15-8-404 · Property Of Particular Types Of Firms
- 15-8-405 · Street Railroads, Bridges, And Ferries
- 15-8-406 · Assessment Of Public Utilities In One County
- 15-8-407 · Railroads
- 15-8-408 · Personal Property
- 15-8-409 · Property Not Otherwise Specified
- 15-8-501 · Assessment Of Unknown Or Absent Owners
- 15-8-502 · Representative Status To Be Designated
- 15-8-503 · Undistributed Property Of Deceased Persons