70-17-303. Wind energy easement. - Montana Statutes

     70-17-303. Wind energy easement. (1) An easement obtained for the purpose of insuring the undisturbed flow of wind across the real property of another must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property.
     (2) An instrument creating a wind energy easement must include:
     (a) a legal description of the real property benefited and burdened by the easement;
     (b) a description of the dimensions of the easement sufficient to determine the horizontal space across and the vertical space above the burdened property that must remain unobstructed;
     (c) the restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the windflow across and through the easement; and
     (d) the terms or conditions, if any, under which the easement may be changed or terminated.

     History: En. Sec. 2, Ch. 209, L. 1983.