Mineral County commissioners are upset with a $5,000 bill for surveying work they say was ordered without their knowledge or permission.  

Deputy County Attorney Wally Congdon requested services from a Missoula-based land surveying firm, Montana Northwest Company, while placing a lien on a commercial property in St. Regis at Commissioner Duane Simons’ direction. On Jan. 29, he received an invoice of $5,010 for the work.  

The bill was presented to county commissioners during their meeting on March 26. 

“You should have confirmed that with us,” said Commissioner Shawn Smalley. 

While Congdon considered the surveying part of the process, Simons said during the meeting that he never asked for the work.  

“I was dumbfounded,” Simons said, of his reaction to the invoice.  

Commissioners say the owner of the commercial property is behind on payments on an economic development loan from the county. In Montana, a lien is an encumbrance against a property for debt security. It allows the county to prevent the sale or transfer of the property while the debt remains unpaid.  

Congdon said the survey was needed prior to foreclosure, should the county decide to seize the property. He found it especially necessary as the surrounding area was deemed a flood plain by the Federal Emergency Management Agency in April 2024, after the business was built. 

“It turns out, one, we can’t build another building on the site because it’s in the floodplain,” Congdon said. “Half the parking lot’s also in the floodplain, so they can’t expand it.” 

But commissioners said Congdon put the cart before the horse. The survey could have waited until they decided to foreclose the property.  

“I think you’re way, way ahead of yourself, though, Wally,” Simons said. “I mean nobody gave the approval ... we’re the ones stuck paying the bill.” 

County commissioners tabled the issue and will resume the discussion on Thursday.  

Report for America reporter Hannah Shields can be reached at (406) 758-4439 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.