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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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ra-jad

Customer Question

Is a private cemetery taxable in Montana. The property is 1.62 acres in size. No water well, No county provided services. Property is remote mountain land and one would need a four-wheel drive to access during the winter. No electricity to land. a few pine trees. Contains two graves. Will contain significantly more as time passes. No improvements now or ever.

Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If the cemetary is certified by the county as a valid burial ground, it is considered to be exmept. However if the cemetary was never certified, it does remain potentially taxable under state and county levies. Here are the codes that govern:

MONT CODE ANN § 35-20-217 : Montana Code - Section 35-20-217: EXEMPTION FROM TAXATION AND EXECUTION -- NO ROAD CONSTRUCTION THROUGH CEMETERY
The cemetery lands and property of any association formed pursuant to this chapter are exempt from all public taxes and assessments and not liable to be sold on execution or applied in payment of debts of any individual proprietors; but the proprietors of lots in such cemetery, their heirs or legal representatives may hold the same exempt therefrom so long as the same remain appropriated to the use of a cemetery, and during that time no street or road shall be laid through such cemetery or any part of the lands held by such association for the purpose aforesaid without the consent of the trustees of such association.
History: En. Sec. 18, Ch. 18, L. 1905; re-en. Sec. 4254, Rev. C. 1907; re-en. Sec. 6486, R.C.M. 1921; re-en. Sec. 6486, R.C.M. 1935; R.C.M. 1947, 9-118

MONT CODE ANN § 7-35-2122 : Montana Code - Section 7-35-2122: COUNTY CEMETERY TAX LEVY
Subject to 15-10-420, the board of county commissioners sXXXXX, XXXXXually at the time of levying county taxes, fix and levy a tax on the taxable value of all taxable property within the cemetery district, taking into account the amount certified by the board of cemetery trustees to be raised by a tax on the property of the district.
History: En. Sec. 9, Ch. 221, L. 1943; amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955; amd. Sec. 1, Ch. 74, L. 1977; R.C.M. 1947, 9-209(part); amd. Sec. 13, Ch. 263, L. 1979; amd. Sec. 78, Ch. 584, L. 1999; amd. Sec. 88, Ch. 574, L. 2001.

Expert:  Dimitry K., Esq. replied 1 year ago.
I see that you rated my answer as 'bad' even after I provided you with specific codes and language that pertains to your concern. What specifically did I fail to respond to?

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