Montana Code 70-17-408. Preservation of property rights
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70-17-408. Preservation of property rights. This part may not be construed to:
Terms Used In Montana Code 70-17-408
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Property: means real and personal property. See Montana Code 1-1-205
- 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
(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.