Montana Law ARTICLE XI LCOCAL GOVERNMENT
Montana Constitution – Article XI: Local Government
Overview:
Article XI of the Montana Constitution provides the framework for local government in the state. It establishes the authority, structure, powers, and functions of counties, cities, towns, and other local government units. This article is essential in defining home rule, self-government, and the balance between state and local authority.
🔹 Key Sections & Provisions of Article XI:
Section 1 – Definition:
Defines local government units as counties, cities, towns, and other subdivisions established by law.
Section 2 – Local Government Powers:
Recognizes self-government powers for local entities unless prohibited by the Constitution or state law.
These powers can be expanded or limited by charter or general law.
Section 3 – Forms of Government:
Allows local governments to adopt charters (home rule).
Citizens may choose their form of government via referendum.
Charters must be approved by voters and may include any structure not prohibited by law.
Section 4 – County Government:
Establishes counties as political subdivisions.
The legislature may provide for consolidation of city-county governments or for multi-county cooperation.
Section 5 – Intergovernmental Cooperation:
Local governments may contract or cooperate with other governmental units (state, federal, tribal, or other local units) for the exercise of powers.
Section 6 – Self-Government Powers:
Self-government units may exercise any power not specifically prohibited by the Constitution, law, or charter.
These powers include taxation, licensing, regulation, and service provision.
Section 7 – Initiative and Referendum:
Citizens have the right to initiate or refer ordinances and resolutions at the local level.
This enhances direct democracy in local governance.
Section 8 – Voter Review of Local Government:
Every 10 years, voters must be given the opportunity to decide whether to conduct a review of their local government structure.
This includes forming a study commission and potentially proposing changes.
📝 Summary:
Article XI of the Montana Constitution:
Empowers local self-governance and flexible governmental structures.
Encourages citizen participation and accountability.
Allows for cooperation across jurisdictions.
Guarantees the right to initiative and referendum at the local level.
Ensures periodic review and reform of local governance structures.
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