7-1-112. Powers requiring delegation. A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law:

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Terms Used In Montana Code 7-1-112

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

(1)the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420, this section may not be construed to limit the authority of a local government to levy any other tax or establish the rate of any other tax;

(2)the power to regulate private activity beyond its geographic limits;

(3)the power to impose a duty on another unit of local government, except that nothing in this limitation affects the right of a self-government unit to enter into and enforce an agreement on interlocal cooperation;

(4)the power to exercise any judicial function, except as an incident to the exercise of an independent self-government administrative power;

(5)the power to regulate any form of gambling, lotteries, or gift enterprises.