Montana Code Annotated
Part 4. Wind Energy Easements
70-17-402. Definitions

70-17-402. Definitions. As used in this part, the following definitions apply:
(1) "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. A wind easement is an interest in real property.
(2) "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.
(3) "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.
(4) "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.
(5) "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.
History: En. Sec. 2, Ch. 249, L. 2011.

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