16-84
Montana Attorney General Opinion 16-84
Length: 391 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 84
Opinion No. 84.
Taxation-Irrigation District Assess-
ments, Collection of -County
Treasurer.
HELD: Under Chapter 73, Laws of
1935, it is the duty of the county
treasurer to accept payment of irri-
gation district assessments from a
taxpayer without payment of the gen-
eral state and county taxes.
Mr. Eugene Murphy
County Attorney
Choteau, Montana
April 19, 1935.
You inquire as to the constitution-
ality of Chapter 73 of the Laws of
1935, which authorizes the payment
of irrigation district assessments by
a taxpayer without the payment of
the general state and county taxes.
Although the general law requires
the payment of all taxes at the same
time, including special improvement
taxes (Section 7240, R. C. M. 1921),
the statute in question is a later stat-
ute al}d, therefore, will prevail in
case of disagreement (59 C. J. 1051,
1052), and where one is a general
statute and the other a special stat-
ute, the special statute will prevail
(59 C. J. 1065). It is also a general
rule that general taxes are superior
to local improvement assessments and
taxes. This rule as generally stated
contains the provision that it is ap-
plicable unless the contrary appears
by statute (State ex reI. Malott v.
Board of County Commissioners, 89
Mont, 37, 77). However, in this case
the question is not a question of the
superiority or priority of either of
the taxes.
The privilege is given to
the owner of lands within irrigation
districts to pay his irrigation assess-
ments in cases where he does not pay
his general taxes. By virtue of this
law neither the state nor the county
is deprived of any right it has in col-
lection of taxes which is given them
under the constitution, or other laws,
of this state.
Any remedy for the
enforcement of delinquent taxes still
exists with the county or state.
I would, therefore, conclude that it
is the duty of the county treasurer of
your county to accept payments as
authorized in this law. Laws regu-
larly enacted and signed are pre-
sumed to be constitutional. If anyone
believes this law unconstitutional and
desires to test its constitutionality he
may bring a suit for that purpose.
Unless and until such a
suit is
brought and the court declares the
law unconstitutional you and other
officials should comply with its pro-
visions.