Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Is a private cemetery taxable in Montana. The property is

Customer Question
1.62 acres in size. No...
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: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
4/1/2013
Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified

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 s*****, *****ually 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.

Ask Your Own Legal Question
Lawyer: Dimitry K., Esq., Attorney replied 4 years 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?
Ask Your Own Legal Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
When an employee completes a Claim of Exemption and Request
When an employee completes a Claim of Exemption and Request for Hearing on a Garnishment, do I continue the garnishment until the results of the hearing are known or does it "pause" the garnishment?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Bankruptcy question: I don't understand how the exemptions
Second opinion] Bankruptcy question: I don't understand how the exemptions work when you have moved from one state to another. I understand how you determine which exemptions apply and where you shoul… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I am founder of a tax-exempt federally recognized church
I am founder of a tax-exempt federally recognized church whose religious focus is exclusively based on biological females. I've been researching to confirm that we are exempt from anti-discrimination … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I need a religious vaccine exemption letter for an adult.
hi i need a religious vaccine exemption letter for an adult. how can i get one? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I realize that some of the levy funds could be exempt from
I realize that some of the levy funds could be exempt from being garnished.The creditor put a levy on 2 separate bank accounts. Can I use 2 different exemptions on these 2 separate bank accounts?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I need to know what the personal exemptions are for business
I need to know what the personal exemptions are for business bankruptcy in the State of Maryland. If the business, for example, has $250K in debt and were to declare bankruptcy and that amount is pers… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I have a court date for a claim for exemption and wage
i have a court date for a claim for exemption and wage granshiment but im not employed so what do i do … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I have a question about a NC Motion to claim exempt
I have a question about a NC Motion to claim exempt property … read more
socrateaser
socrateaser
1,031 satisfied customers
Are newspaper carriers exempt for the enforcement of the
Are newspaper carriers exempt for the enforcement of the Arizona seatbelt law while they are engaged in the duties of delivering the newspapers? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
I am a retired clergy who was exempt from SS while employed
I am a retired clergy who was exempt from SS while employed by the church. I am now retired and receive SS, and I have two minor children. I am now working part-time in a job that pays SS. I receive t… read more
John
John
Attorney
Doctoral Degree
5,851 satisfied customers
Law Educator, Esq.(ONLY) This is on Homestead exemption, Is
Law Educator, Esq.(ONLY)Good day, This is on Homestead exemption, Is Homestead exemption a jurisdictional issue? I was reading that only jurisdictional issue should be raised in a motion to dismiss. S… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
On a motion to claim exempt property, do i include bank
on a motion to claim exempt property, do i include bank accounts? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
I am an exempt employee that has approved FMLA. I only work
Hi, I am an exempt employee that has approved FMLA. I only work 4 days a week at 32-35 hours. My employer just notified me that I am going to be hourly since I am not working 40 hours a week. I live i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have a notice of right to have exemptions designated and i
i have a notice of right to have exemptions designated and i need advice on how to process. This debt was for a credit card i acquired back in 2013. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I received a letter saying "notice of debtor of exemptions"
I received a letter saying "notice of debtor of exemptions" I do not know what this means. I have been making all payments on my defaulted loan. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I need state and county exemption codes to record my deeds,
I need state and county exemption codes to record my deeds … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This position is an exempt, full time position. Your
This position is an exempt, full time position. Your compensation will be $75,000 annually for the first twenty-four months. Benefits for this position are detailed below.Benefits: • Employee Medical/… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Are floating docks exempt from permitting in a condo marina
second opinion] Are floating docks exempt from permitting in a condo marina in the state of florida?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x