Montana Statutes
§ 70-17-408 — Preservation Of Property Rights
Montana·Title 70 PROPERTY·Ch. 17 SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND·Part 4 Wind Energy Easements
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.
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Legislative History
En. Sec. 8, Ch. 249, L. 2011.
Nearby Sections
15
§ 70-17-101
Servitudes Attached To Land§ 70-17-102
Servitudes Not Attached To Land§ 70-17-103
Dominant And Servient Tenement§ 70-17-104
Who May Grant Servitude§ 70-17-105
Who May Not Hold Servitude§ 70-17-106
Extent Of Servitude§ 70-17-109
Who May Bring Action To Enforce Easement§ 70-17-111
How Servitude Extinguished§ 70-17-113
Prohibited Easement§ 70-17-114
Easement Signage