Montana Code 70-17-404. Severance of wind energy rights limited
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70-17-404. Severance of wind energy rights limited. (1) A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pursuant to this part.
Terms Used In Montana Code 70-17-404
- 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
- Wind energy agreement: means any wind energy lease or license or any other written document entered into between the owner of the real property and the wind energy developer that contains the wind easement. See Montana Code 70-17-402
- Wind energy right: means an interest in real property on and over which the wind resource is located and flows that is appurtenant to the real property. See Montana Code 70-17-402
- Wind option agreement: means a written agreement in which the owner of real property grants a wind energy developer an exclusive right to obtain a wind easement through a wind energy agreement. See Montana Code 70-17-402
(2)Nothing in this section may be construed to prohibit or limit the right of a seller of the real property to retain any payments associated with an existing wind option agreement or wind energy agreement.