Terms Used In Montana Code > Title 70 > Chapter 17 > Part 4 - Wind Energy Easements

• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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
• 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