16-16
Montana Attorney General Opinion 16-16
Length: 919 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 16
Opinion No. 16.
Counties, Classification of --County
Commissioners.
HELD: For the purpose of classifi-
cation of a county, the correction of
an error in the total taxable valuation
of a county will relate back to the
tiifi~ when the correction should prop·
erJ-i' have been made and will control
ill Lhe classification of the county.
December 27, 19;;1.
:'AI'. Vernon Hoven
County Attorney
Plentywood, Montana
You inquire whether Sheridan Coun-
ty shall stand classified during the
OPINIONS OF THE ATTORNEY GENERAL
15
year 1935, as a sixth or a seventh
class county.
All counties having a taxable valu-
ation of less than $5,000,000, are sev-
enth class counties and all counties
having a taxable valuation of more
than $5,000,000, and less than $10,000-
000, are sixth class counties. (Section
-4741, R. C. M. 1921.) The classifica-
tion of a county for the ensuing two
years is to be determined at the Sep-
tember meeting of the county commis-
sioners of the county in each even-
numbered year. (Section 4742, R. C.
M. 1921.)
According to the facts submitted
it appears that at the time of the
September meeting the assessed valu-
ation of Sheridan County was some
$3,000 less than $5,000,000. The coun-
ty had previously been a sixth class
county. No re-classification was made
at such September meeting and there-
after considerable property errone-
ously omitted from the assessment
roll in 1934, was added to such assess-
ment roll 'in order to properly assess
the property of said county. At the
December meeting of the board of
county commissioners, after adding
to the assessment roll this prol-'erty
which had been previously wrongly
omitted, the total valuation of the
county was over $5,000,000.
The question, therefore, is: should
the classification be made in accord-
ance with the figures as they existed
at the time of the September meeti:lg
or should there be included thercir.
those items of property which had
been previously wrongly omitted and
were later assessed in order to corrc"t
such omission and which appeared 011
the assessment roll at the time of the
December meeting and should have
appeared at the time of the Septem-
ber meeting?
The Classification Law of the State
of Montana has existed in a somewhat
different form for many years. In the
year 1892 the assessed valuation of
Yellowstone County was $3,800,000.
On October 15, 1892, a portion of the
Crow Indian Reservation became a
part of Yellowstone CountY'oAlthough
this property in the Crow Indian Res-
ervation had been assessed in Custer
County in the year 1892, by adding the
assessed value of same to the valu-
ation of Yellowstone County the ag-
gregate valuation amounted to more
than $4,000,000. At that time the law
required that a second class county
must have an assessed valuation of
oyer $4,000,000. It was held by the
Supreme Court of this State that Yel-
lowstone County was a second class
cOllnty and that the assessed valua-
tion of the portion previously assessed
in Custer County might be proved by
tlle records of Custer County. (State
ex reI Herford v. Cook, 14 Mont. 201.)
In another case the classification of
a county was questioned on the ground
that certain items of property as-
sessed were improperly included. The
Court investigated that matter to de-
termine whether or not an error had
been made and sustained the county
commlssioners in their conclusion as
to the classification of the county.
(State ex rei. Hauswald v. Ellis, 52
Mont. 505.)
It therefore appears that the courts
may inquire into the validity of the
action of the county commissioners
in determining the classification of a
county. From this we may conclude
that if it appeared that the county
commissioners had either by erroneous
calculations, omissions or inclusions
improperly determined the classifica-
tion of a county, same would be cor-
rected by the courts.
There remains one question to be
determined, i. e., does the power to
ccrrect errors in the classification of
a county include the right to correct
the total of the assessed valuation by
adding thereto property erroneously
omitted therefrom and not discovered
or assessed until after the September
meeting of the board of county com-
missioners?
The fact that the assessment roll
at the time of the September meet-
ing of the county commissioners fail-
ed to show an assessed valuation of
$5,000,000 was not due to any error
upon the part of the county commis-
sioners. So far as the record before
them went, it appeared that the as-
sessed valuation of the county war-
ranted the classification of the same
only as a seventh class county. Facts
which subsequently developed showed
that the assessment roll at the time of
the September meeting, if all property
had been properly assessed, would
have exceeded the $5,000,000.
16
OPINIONS OF THE ATTORNEY GENERAL
It appears that the effect of an er-
ror is the same whether it was an
error of the county commissioners or
of some other person or persons, and
that upon the discovery of such error
and the correction of the assessment
roll such correction would relate back
to the time when same should have
been properly made. Therefore, the
correction of these errors shows that
the assessment roll should have ex-
ceeded $5,000,000 at the time of the
September meeting. The two cases
cited heretofore, carried to their log-
ical conclusion, appear to require the
decision that the county should be
classified for the next ensuing two
years as a sixth class county.