Montana Code 70-17-406. Wind energy agreement — contents and requirements — notarization
70-17-406. Wind energy agreement — contents and requirements — notarization. (1) A wind energy agreement executed after April 21, 2011, must contain but is not limited to:
Terms Used In Montana Code 70-17-406
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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 developer: means the person that enters into a wind option agreement or wind energy agreement with the owner of the real property for the purpose of developing a wind energy project. See Montana Code 70-17-402
(a)the names and addresses of the parties to the wind energy agreement;
(b)a legal description of the real property subject to the wind easement and contained in the wind energy agreement;
(c)the obligations of the owner of the real property to ensure the undisturbed flow of wind on and over the real property, including restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the wind flow on and over the real property. Structures do not include equipment necessary to access minerals as they relate to the rights belonging to or the dominance of the mineral estate pursuant to 70-17-408.
(d)a specified term including the date on which the wind energy agreement or wind easement terminates;
(e)provisions to compensate the owner of the real property for the wind easement;
(f)provisions ensuring that the owner of the real property is not liable for any property tax associated with the wind energy project or other equipment related to the development of the wind energy project during the term of the wind energy agreement;
(g)provisions addressing property owner and wind energy developer liability during the construction and operation of the wind energy project and equipment;
(h)provisions obligating the wind energy developer to comply with federal, state, and local laws and regulations; and
(i)conditions upon which the wind energy agreement may be terminated prior to its termination date.
(2)A wind energy agreement must be notarized.
(3)If the terms of the wind energy agreement do not contain the requirements listed in subsection (1), a court may void the wind energy agreement or order any relief allowed by law.