Mont. Code Ann. § 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.

Official Annotations archive.org, 2025 edition
History:
En. Sec. 4, Ch. 249, L. 2011 (HB 295 - Cook, Rob (R) HD 27)