Montana Attorney General Opinion 15-612

Opinion No. 612 County Commissioners, Powel' of -Budget-Highways--Emergency. HELD: The building or repair of it road ma~' constitute an emergency with- in the scope of Section 6, Chapter 148, Laws of 1929, but whether an emer- gency exists is a question of fact which the county commissioners alone have the right to determine. September 14, 1934. You have requested me to give you an opinion on the question whether the county commissioners may declare an emergency as provided by Section 6, Chapter 148, Laws of 192<,), in order to build a road between Nashua and 420 OPINIONS OF THE ATTORNl~Y GENEHAL the Fort Peck Dam. the budget of thc county not pro\'iding for the same. It is my opinion that the construc- tion or repair of a public road may j'e \\;thin the powers of the county com- missioners as given by the said {'mer- gency clause of said Chapter. proYidiu!! .the county commissioners find as a fact that an emergency exists. As to whether an emergency existR. tha t is a question of fact which tllp county commissioners haye the sole right to determine after notice and hearing, as provided b~' law, find thi~ office would not presume to usul'!} the functions of the county connnis- sioners even if we were competent to pass upon the facts. The county (,OIn- missioners. having the opportunity of personal investigation of the needs ns well fiS inspection of the lH'emises. and of conducting a public hearing at which any taxpayer may appear find he lwar(l for or against the expenditure of mone~' for such emergency, may well deter- mine the fncts which may 01' may not constitute nn emergenc~' which coulrl not have been foreseen at the time of making the budget. As stated ahove. if they find that such emergency exists, it is my opinion that the power to act may be found in said Section 6, Chfipter 148, Lnws of 1929.