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.
(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.
History: En. Sec. 4, Ch. 249, L. 2011.
Structure Montana Code Annotated
Chapter 17. Servitudes, Easements, and Covenants Running With the Land
70-17-403. Wind easement creation -- terms
70-17-404. Severance of wind energy rights limited
70-17-405. Wind option agreements -- contents and requirements -- notarization
70-17-406. Wind energy agreement -- contents and requirements -- notarization