Montana § 70-17-408 Preservation Of Property Rights

Montana Statutes

§ 70-17-408 — Preservation Of Property Rights

Montana § 70-17-408

Title 70PROPERTY

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

Part 4Wind Energy Easements

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Bluebook

Mont. Code Ann. § 70-17-408 (2026).

Text

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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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.