Montana Code 70-17-403. Wind easement creation — terms
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70-17-403. Wind easement creation — terms. (1) A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property.
Terms Used In Montana Code 70-17-403
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- Wind easement: means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind resource located on and flowing over its surface to develop a wind energy project. See Montana Code 70-17-402
(2)The wind easement runs with the real property on and over which the wind resource flows.
(3)A wind easement terminates under the terms and conditions outlined in the wind easement.