Legals for December, 15 2022
Blackfoot provides local phone and broadband services in many Montana communities at reasonable and affordable rates. A federal program designed to promote “universal service” to all areas of the nation makes affordable rates possible. Companies participating in this program are required to advertise theses services on an annual basis. As a participant in the universal service program, Blackfoot provides access to single line phone service, emergency services (911), directory assistance (411), operator services (0+), long distance limitation services, as well as broadband internet access services. For questions or to order new services please call Blackfoot’s customer care team at 406-541-5000 or visit us at www.blackfoot.com. Published on November 17th & 24th & December 1st, 8th, 15th, 22nd & 29th, 2022. MNAXLP __________________________
Probate Cause No. 22-0193-P NOTICE TO CREDITORS THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: ROY BURTON JR. Notice is hereby given that the undersigned, James Ott, has been appointed Personal Representative of the above-names estate. All persons having claims against the said Deceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to the Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana 59855 Dated this 29th of November, 2022. /s/ James Ott, Personal Representative Address: James Ott 4115 Saxony Pl Missoula, MT 59808 Published on December 8th, 15th, & 22nd 2022. MNAXLP __________________________
NOTICE THAT A TAX DEED MAY BE ISSUED IF YOU DO NOT RESPOND TO THIS NOTICE, YOU WILL LOSE YOUR PROPERTY TO: a. Estate of George J. Atkinson, address unknown b. Estate of Lola M. Atkinson, address unknown c. U.S. Attorney’s Office 2601 2nd Ave N. Suite 3200 Billings, MT 59101 d. Capital One Financial Corp 1680 Capital One Drive McLean, VA 22102-3491 e. Larsen Law Firm, PLLC 121 4th Street North, #2J PO Box 162 Great Falls, MT 59403 Pursuant to 15-18-212, Montana Code Annotated, NOTICE IS HEREBY GIVEN: 1. As a result of a property tax delinquency, a property tax lien exists on the following described real property in which you may have an interest: A tract of land located in the SW1/4 of Section 1, T20NR20W, PMM, Lake County, Montana, further shown and described as being Amended Tract-B on Certificate of Survey No. 5972, on file in the office of the Clerk and Recorder of Lake County, Montana. 2. The property taxes first became delinquent on June 1, 2004, and each consecutive subsequent tax obligation on June 1 in each subsequent tax year, to the present. 3. The original property tax lien was attached August 1, 2004, and each subsequent annual delinquent tax has attached no later than August 1 in each subsequent tax year, to the present. 4. The liens above-described have never been subsequently assigned, and Lake County remains owner of all subject real property tax liens. 5. As of the last day of 2022, subject to daily calculation, the total amount of tax due on the liens of 2003, 2004, and 2005 is: a. TAXES: $21,638.34 b. PENALTY: $432.80 c. INTEREST: $39,885.86 d. COST: 0 e. TOTAL: $60,957.00 6. For the property tax lien to be liquidated, the total amount listed in paragraph 5, corrected for the day, must have been paid by August 1, 2007, which is the date the redemption period expires or expired. 7. If all taxes, penalties, interest, and costs are not paid to the COUNTY TREASURER on or prior to August 1, 2007, which is the date the redemption period expired, a tax deed may be issued to the assignee or county that is the possessor of the tax lien on the day following the date that the redemption period expires. 8. The business address and telephone number of the county treasurer who is responsible for issuing the tax deed is Lake County Treasurer, 106 4th Avenue East, Polson, Montana 59860, tel. 406.883.7215. FURTHER NOTICE FOR THOSE PERSONS LISTED ABOVE WHOSE ADDRESSES ARE UNKNOWN: 1. The address of the interested party is unknown. 2. The published notice meets the legal requirements for notice of a pending tax deed issuance. 3. The interested party’s rights in the property may be in jeopardy. DATED at Polson, Lake County, MT this 30th day of November, 2022. /s/ Katie Harding, Clerk & Recorder IF YOU DO NOT RESPOND TO THIS NOTICE, YOU WILL LOSE YOUR PROPERTY Published on December 8th & 15th, 2022. MNAXLP __________________________
CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Petitioner CAUSE NO. DV-22-201 MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE MATTER OF THE NAME CHANGE OF KARA LYN ILAC, Petitioner, NOTICE OF HEARING ON PETITION FOR CHANGE OF NAME PLEASE TAKE NOTICE THAT Petitioner, Kara Lyn Ilac, has petitioned the District Court for the Twentieth Judicial District for a change of name from Kara Lyn Ilac to Kara Lyn Lazaro, and the hearing on the Petition for Change of Name will be heard by a District Court Judge on the 11th day of January, 2023 at 10:00 a.m. in the Twentieth Judicial District Court located at 106 4th Ave. E., Polson, MT 59860. At any time before the hearing, objections may be filed by any person who can demonstrate good reasons against the change of name. DATED this 30th day of November, 2022 Lyn Fricker, Clerk of District Court Published on December 8th, 15th, 22nd & 29th, 2022. MNAXLP __________________________
PUBLIC NOTICE The Lake County E911 Committee implemented an addressing system for Enhanced 911 Emergency Services in 2003. To assist navigation and location efforts, the E911 Committee has established that private lanes shared by three (3) or more residences shall have a unique name. The Board of Lake County Commissioners will hold a public meeting Wednesday, January 4, 2023 at 1:30 pm in the Commissioners Chambers of the Lake County Courthouse located at 106 4th Avenue East, Polson MT, Room 211, for the purpose of taking public comment on the naming of the private road. *Private Drive located near Big Meadows Road *Private Drive located off of Gun Barrel Lane *Private road to be built off of Mud Lake Trail **Map of the area are available for review by request to lakecommissioners@lakemt.gov If you would like to comment, but are unable to attend the public hearing, you may send comment to: Lake County Commissioners 106 4th Avenue East Polson, MT 59860 Or lakecommissioners@lakemt.gov Published on December 8th & 15th, 2022. MNAXLP __________________________
Notice: Surplus Sale at Upper West Shore Dist. #33 - Dayton School, at 43662 B Street from 10:30 a.m. to 12:30 p.m. on Friday, December 16th, 2022. Surplus items list: 1 low green table 1 standard wooden desk 1 7” tall white book shelf 1 short white book shelf 15 assorted primary pupil desks 1 laminator, non-working condition 1 roller book stand cart Published on December 8th & 15th, 2022. MNAXLP __________________________
Probate Cause No. 22-0250-P NOTICE TO CREDITORS THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: EDWIN LYLE COURVILLE Notice is hereby given that the undersigned, Homer L. Courville, has been appointed Personal Representative of the above-names estate. All persons having claims against the said Deceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to the Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana 59855 Dated this 6th of December, 2022. /s/ Homer L. Courville, Personal Representative Address: Homer Courville P.O. Box 14, St. Ignatius, MT 59865 Published on December 15th, 22nd & 29th, 2022. MNAXLP __________________________ _______________________________
LEGAL NOTICE DAVIS AND ASMUSSEN FLOODPLAIN DEVELOPMENT PERMIT & VARIANCE REQUEST Robert Smith, from A2Z Engineering, on behalf of Michael and Lore Ann Davis and Robert Asmussen, has applied for a floodplain development permit and variance requests for access and residential development placed on structural fill within the FEMA mapped 100-year floodplain of Swan Lake. Any newly constructed residence is required to comply with floodplain standards for structures placed on fill. This application request for a newly constructed residence includes a variance request from the structural fill, access, and residential standards found in Section 10 of the Lake County Floodplain Management Regulations. If approved, the variance would allow a reduction to driveway standards, the fill to not to extend 15 horizontal feet, and not require the fill to be placed at a minimum of 0.5 feet above the BFE (base flood elevation). The subject property is legally described as Unit # 4 of Birch Glen, as shown on Deed Exhibit H-1686, located within section 14 of T25N, R18W. Information regarding the proposal is available via the Lake County Planning Dept. All written and verbal comments are welcome and will be considered. The deadline to submit comments is December 30, 2022. Comments may be mailed to: Lake County Planning Dept., 106 Fourth Ave East, Polson, MT 59860; or faxed: 406-883-7205; or e-mailed: planning@lakemt.gov. Published on December 15th, 2022. MNAXLP __________________________
LEGAL NOTICE On Tuesday, January 17, 2023 at 1:30 pm, the Lake County Board of Commissioners will hold a public hearing in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse on the following item: LAKEWOOD LLC STORAGE BUILDING FOR LEASE OR RENT REQUEST Lakewood LLC is requesting approval to construct eight buildings with a total of one hundred thirty one (131) storage units as buildings for lease or rent. The proposed buildings for lease or rent are to be constructed on the property legally described as a parcel of land located in and being a portion of the SE ¼ of section 13, T23N, R21W. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by January 2, 2023, will be included in the staff report to the board. All written and verbal comments are welcome and will be forwarded to the board for their consideration. Comments may be mailed to Lake County Planning Dept., 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov . The options for attendance are in person or through ZOOM. Please contact the Lake County Commissioners Office at kstinger@lakemt.gov or at (406) 883-7204 if you would like to attend the meeting virtually. Published on December 15th, 2022. MNAXLP __________________________
OF INTENT TO WITHDRAW FROM PUBLIC LAW 280 WHEREAS, Public Law 280 is a Federal law that defines criminal jurisdiction over tribal Members within reservation boundaries; and WHEREAS, When enacted, Public Law 280 required mandatory participation by state and tribal governments in certain states, and allowed voluntary participation in other states; and WHEREAS, Montana is a “Voluntary Participation” State that required an agreement between the State of Montana and the Bureau of Indian Affairs, at the request of the Confederated Salish and Kootenai Tribes (“CSKT”) in order for the State to assume jurisdiction over tribal members; and WHEREAS, In 1963 The State of Montana enacted Montana Code Annotated, 2-1-301 (codified at that time as RCM 1947, 83-801). The statute, titled “Assumption of Criminal Jurisdiction of Flathead Indian Country”, provided, “The state of Montana hereby obligates and binds itself to assume, as herein provided, criminal jurisdiction over Indians and Indian territory of the Flathead Indian Reservation and country within the state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd Congress, 1st session)”; and WHEREAS, In 1965, the CSKT passed tribal ordinance 40-A, consenting to the state’s assumption of Public Law 280 jurisdiction over tribal members; and WHEREAS, Lake County has been a participant in the implementation of Public Law 280 between CSKT and the State of Montana since 1964; and WHEREAS, the County’s participation historically provided benefits to residents of Lake County, tribal members and the State of Montana in respect to crime prevention, investigation, deterrence, prosecution, rehabilitation and treatment; and WHEREAS, the circumstances surrounding the County’s participation have changed significantly in the ensuing nearly six decades. In 2017 the State of Montana conducted a fiscal analysis of the cost to Lake County of enforcing tribal criminal jurisdiction in Lake County pursuant to Mont. Code Ann. 2-1-301. It determined the cost was $4.011 Million at that time, and would increase to $4.383 million by FY 2021; and results in: 1) Less control of county budgeting due to various and unanticipated costs and consequences of Public Law 280 compliance that ought to be borne by the State of Montana rather than Lake County taxpayers; and 2) Diversion of limited law enforcement personnel such that there is increasing evidence of a loss of control of Lake County borders such that unlawful, scheduled illicit drugs such as fentanyl and methamphetamines have become increasingly common in Lake County; and 3) Lost opportunity costs in the areas of affordable housing, drug court, financing and opioid treatment and rehabilitation. WHEREAS, In recognition of the need for funding for law enforcement, in June of 2008, County voters approved a public safety levy that has no sunset provision. WHEREAS, As a result of this voted levy, property taxpayers have contributed approximately 15 million dollars in additional tax revenue since 2008 to enhance the County’s ability to fund public safety. The majority of funds raised by the levy are being used to offset the rise in PL280 costs. WHEREAS, In 2020 County voters rejected a levy request to construct and staff a new detention center; and WHEREAS, Nearly 50% of real property in Lake County is tax exempt; and therefore Lake County is without adequate revenue to fund construction of a detention center or added law enforcement to provide for continued participation in Public Law 280; and WHEREAS, Lake County does not have the economic resources to continue participation in Public Law 280 without significant detriment to the real property taxpayers of Lake County, Montana; and WHEREAS, The State of Montana is not providing funding for County costs incurred from Public Law 280; and WHEREAS, The 2021 Legislature of the State of Montana enacted Montana Code Annotated 2-1-306(3), providing “no sooner than six months after July 1, 2021, and after consulting with tribal government officials concerning withdrawal, the Board of County Commissioners of Lake County may, by resolution, withdraw consent to enforce criminal jurisdiction on behalf of the State of Montana over the Confederated Salish and Kootenai Tribes. Within six months after receipt of the resolution, the governor shall issue a proclamation to that effect.” WHEREAS, Lake County taxpayers cannot continue to fund the State of Montana’s responsibilities with respect to Public Law 280 without continually compromising other County services; and, WHEREAS, All attempts by the Board of County Commissioners of Lake County, Montana, for assistance or fiscal support by and through the State of Montana to meet the costs associated with Public Law 280 on and within Lake County have fallen on deaf ears; WHEREAS, All requirements necessary to the withdrawal of consent by Lake County to enforce criminal jurisdiction on behalf of the State of Montana over the Confederated Salish & Kootenai Tribes have been met; and, WHEREAS, the Board of County Commissioners intends hereby to comply with the six-month notice requirement of MCA 2-1-306(3). NOW, THEREFORE IT IS RESOLVED AS FOLLOWS, Lake County, by and through its Board of County Commissioners, and pursuant to the authority granted to it by Mont. Code Ann. 2-1-306(3), hereby; Intends to Withdraw Lake County’s consent to enforce criminal jurisdiction on behalf of the State of Montana over the Confederated Salish and Kootenai Tribes. BE IT FURTHER RESOLVED, that the Board of Lake County Commissioners will hold a public hearing on this action, on Tuesday, January 3, 2023, at 2:00 pm in the Large Conference Room of the Lake County Courthouse at 106 4th Avenue East, Polson, MT 59860. PASSED AND ADOPTED this 12th day of December 2022. BOARD OF LAKE COUNTY COMMISSIONERS Gale Decker, Chairman Steve Stanley, Member William D. Barron, Member Published on December 15th & 22nd, 2022. MNAXLP __________________________
FERNDALE VOLUNTEER FIRE DISTRICT TRUSTEE NEEDED Ferndale Volunteer Fire Department has one vacancy on the Board of Trustees. Applicants must reside within the boundaries of the Ferndale Volunteer Fire District. Persons interested in serving on this volunteer board are encouraged to submit a letter of interest to the Board of Lake County Commissioners at 106 4th Ave. East, Polson, MT 59860 no later than 5 pm, Dec. 21, 2022. This appointment will fill the vacancy until the May 2023 fire board election pursuant to MCA 7-33-2106(4). For further information call the Commissioners at 883-7204 Published on December 15, 2022. MNAXLP __________________________