70-17-408. Preservation of property rights, MCA

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.