Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 17. SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND

Part 4. Wind Energy Easements

Preservation Of Property Rights

70-17-408. Preservation of property rights. This part may not be construed to:

(1) change or alter common law in accordance with 1-1-108 as it relates to the rights belonging to or the dominance of the mineral estate; or

(2) change or alter common law or statutory provisions regarding the ownership of surface or subsurface rights.

(3) Notwithstanding the provisions of this part or a wind energy agreement, the real property owner retains the right to grant easements or rights-of-way for all electric power lines to be located on the property.

History: En. Sec. 8, Ch. 249, L. 2011.