reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 3. Powers › 70-15-303. Married persons -- execution

70-15-303. Married persons -- execution.
A married person may execute a power during marriage without the concurrence of the spouse unless otherwise prescribed by the terms of the power.
History: (1)En. Sec. 1332, Civ. C. 1895; re-en. Sec. 4553, Rev. C. 1907; re-en. Sec. 6800, R.C.M. 1921; Field Civ. C. Sec. 320; re-en. Sec. 6800, R.C.M. 1935; amd. Sec. 31, Ch. 535, L. 1975; Sec. 67-903, R.C.M. 1947; (2)En. Sec. 1333, Civ. C. 1895; re-en. Sec. 4554, Rev. C. 1907; re-en. Sec. 6801, R.C.M. 1921; Based on Field Civ. C. Sec. 321; re-en. Sec. 6801, R.C.M. 1935; amd. Sec. 32, Ch. 535, L. 1975; Sec. 67-904, R.C.M. 1947; R.C.M. 1947, 67-903, 67-904; amd. Sec. 2115, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 15. Definitions and Kinds of Estates in Real Property › Part 3. Powers › 70-15-304. Power -- how executed

70-15-304. Power -- how executed.
A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner.
History: En. Sec. 1334, Civ. C. 1895; re-en. Sec. 4555, Rev. C. 1907; re-en. Sec. 6802, R.C.M. 1921; Field Civ. C. Sec. 322; re-en. Sec. 6802, R.C.M. 1935; R.C.M. 1947, 67-905.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-101. Rights of owner in fee -- above and below surface

70-16-101. Rights of owner in fee -- above and below surface.
The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
History: En. Sec. 1290, Civ. C. 1895; re-en. Sec. 4528, Rev. C. 1907; re-en. Sec. 6770, R.C.M. 1921; Cal. Civ. C. Sec. 829; Field Civ. C. Sec. 266; re-en. Sec. 6770, R.C.M. 1935; R.C.M. 1947, 67-711.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-102. Rights of life tenant

70-16-102. Rights of life tenant.
The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that the owner of the life estate may not do an act to the injury of the inheritance.
History: En. Sec. 1270, Civ. C. 1895; re-en. Sec. 4518, Rev. C. 1907; re-en. Sec. 6760, R.C.M. 1921; Cal. C. Sec. 818; Field Civ. C. Sec. 257; re-en. Sec. 6760, R.C.M. 1935; R.C.M. 1947, 67-701; amd. Sec. 2116, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-103. Duties of life tenant

70-16-103. Duties of life tenant.
The owner of a life estate must keep the buildings and fences in repair from ordinary waste and must pay the taxes and other annual charges and a just proportion of extraordinary assessments benefiting the whole inheritance.
History: En. Sec. 1300, Civ. C. 1895; re-en. Sec. 4534, Rev. C. 1907; re-en. Sec. 6776, R.C.M. 1921; Cal. Civ. C. Sec. 840; Field Civ. C. Sec. 272; re-en. Sec. 6776, R.C.M. 1935; R.C.M. 1947, 67-801.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-104. Rights of tenant for years or at will

70-16-104. Rights of tenant for years or at will.
(1) A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, and work mines and quarries open at the commencement of the tenancy. A tenant at will or for an indefinite term may cultivate and harvest the crops growing at the end of the tenancy.
(2) A tenant for years or at will has no other rights to the property than those given to the tenant by the agreement or instrument by which the tenancy is acquired or by subsection (1).
(3) Subsection (2) does not apply to arrangements governed by Title 70, chapter 24.
History: (1)En. Sec. 1271, Civ. C. 1895; re-en. Sec. 4519, Rev. C. 1907; re-en. Sec. 6761, R.C.M. 1921; Cal. Civ. C. Sec. 819; Based on Field Civ. C. Sec. 258; re-en. Sec. 6761, R.C.M. 1935; Sec. 67-702, R.C.M. 1947; (2)En. Sec. 1272, Civ. C. 1895; re-en. Sec. 4520, Rev. C. 1907; re-en. Sec. 6762, R.C.M. 1921; Cal. Civ. C. Sec. 820; Field Civ. C. Sec. 259; re-en. Sec. 6762, R.C.M. 1935; Sec. 67-703, R.C.M. 1947; R.C.M. 1947, 67-702, 67-703; (3)En. Sec. 5, Ch. 115, L. 1979; amd. Sec. 2117, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-105. Remedy of person having remainder or reversion

70-16-105. Remedy of person having remainder or reversion.
A person having an estate in fee in remainder or reversion may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years and although, after its commission, the person's estate is transferred and the person does not have an interest in the property at the commencement of the action.
History: En. Sec. 1278, Civ. C. 1895; re-en. Sec. 4526, Rev. C. 1907; re-en. Sec. 6768, R.C.M. 1921; Cal. Civ. C. Sec. 826; Field Civ. C. Sec. 265; re-en. Sec. 6768, R.C.M. 1935; R.C.M. 1947, 67-709; amd. Sec. 2118, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-106. Action for waste -- treble damages

70-16-106. Action for waste -- treble damages.
If a guardian, tenant for life or years, joint tenant, or tenant in common of real property commits waste of the property, any person aggrieved by the waste may bring an action against that person. The judgment in the action may be for treble damages.
History: En. Sec. 229, p. 91, Bannack Stat.; re-en. Sec. 250, p. 187, L. 1867; re-en. Sec. 299, p. 93, Cod. Stat. 1871; re-en. Sec. 350, p. 137, L. 1877; re-en. Sec. 350, 1st Div. Rev. Stat. 1879; re-en. Sec. 362, 1st Div. Comp. Stat. 1887; re-en. Sec. 1301, C. Civ. Proc. 1895; re-en. Sec. 6866, Rev. C. 1907; re-en. Sec. 9475, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 732; re-en. Sec. 9475, R.C.M. 1935; R.C.M. 1947, 93-6102; amd. Sec. 2119, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-107. Trespass for taking timber

70-16-107. Trespass for taking timber.
A person who cuts down or carries off any wood, underwood, tree, or timber or girdles or otherwise injures any tree or timber on the land of another person, on the street or highway in front of any person's house or town or city lot, on cultivated grounds or on the commons or public grounds of any city or town, or on the street or highway of any city or town, without lawful authority, is liable to the owner of the land or to the city or town for:
(1) the amount of the damages incurred if the trespass was casual and inadvertent or committed under the belief that the land belonged to the trespasser or if the wood was taken by the authority of state or local government officers or employees for the purposes of a highway; or
(2) treble the amount of damages incurred if the trespass was willful, wanton, or malicious.
History: (1)En. Sec. 230, p. 91, Bannack Stat.; re-en. Sec. 251, p. 187, L. 1867; re-en. Sec. 300, p. 93, Cod. Stat. 1871; re-en. Sec. 351, p. 137, L. 1877; re-en. Sec. 351, 1st Div. Rev. Stat. 1879; re-en. Sec. 363, 1st Div. Comp. Stat. 1887; re-en. Sec. 1302, C. Civ. Proc. 1895; re-en. Sec. 6867, Rev. C. 1907; re-en. Sec. 9476, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 733; re-en. Sec. 9476, R.C.M. 1935; Sec. 93-6103, R.C.M. 1947; (2)En. Sec. 231, p. 91, Bannack Stat.; re-en. Sec. 252, p. 187, L. 1867; re-en. Sec. 301, p. 93, Cod. Stat. 1871; re-en. Sec. 352, p. 137, L. 1877; re-en. Sec. 352, 1st Div. Rev. Stat. 1879; re-en. Sec. 364, 1st Div. Comp. Stat. 1887; re-en. Sec. 1303, C. Civ. Proc. 1895; re-en. Sec. 6868, Rev. C. 1907; re-en. Sec. 9477, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 734; re-en. Sec. 9477, R.C.M. 1935; Sec. 93-6104, R.C.M. 1947; R.C.M. 1947, 93-6103, 93-6104; amd. Sec. 1, Ch. 239, L. 2005.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-108. Repealed

70-16-108. Repealed.
Sec. 2, Ch. 239, L. 2005.
History: En. Sec. 4352, Civ. C. 1895; re-en. Sec. 6078, Rev. C. 1907; re-en. Sec. 8696, R.C.M. 1921; Cal. Civ. C. Sec. 3346; Field. Civ. C. Sec. 1871; re-en. Sec. 8696, R.C.M. 1935; R.C.M. 1947, 17-503.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 1. General Provisions › 70-16-109. Summary proceedings for possession -- where provisions found

70-16-109. Summary proceedings for possession -- where provisions found.
Summary proceedings for obtaining possession of real property forcibly entered or forcibly and unlawfully detained are provided for in chapter 27.
History: En. Sec. 1243, Civ. C. 1895; re-en. Sec. 4505, Rev. C. 1907; re-en. Sec. 6747, R.C.M. 1921; Cal. Civ. C. Sec. 792; re-en. Sec. 6747, R.C.M. 1935; R.C.M. 1947, 67-526.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-201. Owner of land bounded by water

70-16-201. Owner of land bounded by water.
Except where the grant under which the land is held indicates a different intent, the owner of the land, when it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream.
History: En. Sec. 1291, Civ. C. 1895; re-en. Sec. 4529, Rev. C. 1907; re-en. Sec. 6771, R.C.M. 1921; Cal. Civ. C. Sec. 830; Based on Field Civ. C. Sec. 267; re-en. Sec. 6771, R.C.M. 1935; R.C.M. 1947, 67-712.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-202. Owner of land bounded by road

70-16-202. Owner of land bounded by road.
An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.
History: En. Sec. 1292, Civ. C. 1895; re-en. Sec. 4530, Rev. C. 1907; re-en. Sec. 6772, R.C.M. 1921; Cal. Civ. C. Sec. 831; Field Civ. C. Sec. 268; re-en. Sec. 6772, R.C.M. 1935; R.C.M. 1947, 67-713.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations

70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations.
Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.
History: En. Sec. 1293, Civ. C. 1895; re-en. Sec. 4531, Rev. C. 1907; re-en. Sec. 6773, R.C.M. 1921; Cal. Civ. C. Sec. 832; Based on Field Civ. C. Sec. 269; re-en. Sec. 6773, R.C.M. 1935; R.C.M. 1947, 67-714; amd. Sec. 2120, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-204. Trees on or near boundary

70-16-204. Trees on or near boundary.
(1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
(2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.
History: En. Secs. 1294, 1295, Civ. C. 1895; re-en. Secs. 4532, 4533, Rev. C. 1907; re-en. Secs. 6774, 6775, R.C.M. 1921; Cal. Civ. C. Secs. 833, 834; Field Civ. C. Secs. 270, 271; re-en. Secs. 6774, 6775, R.C.M. 1935; R.C.M. 1947, 67-715, 67-716; amd. Sec. 2121, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-205. Monuments and fences -- mutual obligation of adjoining owners

70-16-205. Monuments and fences -- mutual obligation of adjoining owners.
(1) Coterminous owners are mutually bound equally to maintain:
(a) the boundaries and monuments between them;
(b) the fences between them, unless one of them chooses to let that owner's land lie without fencing, in which case if that owner afterwards encloses it, that owner shall refund to the other owner a just proportion of the value, at that time, of any division fence made by the other owner. However, using land for grazing or pasturage of any kind must be considered a usage of the land, and the land may not be considered as lying idle under the provisions of this section.
(2) Except as provided by prescription, custom, or agreement between coterminous owners, each coterminous owner shall maintain all fencing to the right of the midpoint of the common boundary line as viewed from the owner's land. If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point midway around the surrounded land. If there is a substantial difference in terrain or topographical features of the land between the coterminous owners, responsibility for maintaining the fence must be determined by mutual agreement with consideration given to factors such as cost and time.
History: En. Sec. 1301, Civ. C. 1895; re-en. Sec. 4535, Rev. C. 1907; amd. Sec. 1, Ch. 132, L. 1917; re-en. Sec. 6777, R.C.M. 1921; Cal. Civ. C. Sec. 841; Based on Field Civ. C. Sec. 273; re-en. Sec. 6777, R.C.M. 1935; R.C.M. 1947, 67-802; amd. Sec. 1, Ch. 402, L. 1989; amd. Sec. 2122, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-206. Partition fences required -- adjoining lands previously enclosed

70-16-206. Partition fences required -- adjoining lands previously enclosed.
The occupants of adjoining lands enclosed with fences must build and maintain partition fences between their own and the next adjoining enclosure in equal shares so long as both continue to enclose the same, and such partition fence must be kept in good repair throughout the year unless the occupants otherwise mutually agree.
History: En. Sec. 1114, 5th Div. Comp. Stat. 1887; amd. Sec. 3253, Pol. C. 1895; re-en. Sec. 2085, Rev. C. 1907; re-en. Sec. 6778, R.C.M. 1921; re-en. Sec. 6778, R.C.M. 1935; R.C.M. 1947, 67-803.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-207. Occupant of land adjoining enclosure of another -- when required to share expense of partition fence

70-16-207. Occupant of land adjoining enclosure of another -- when required to share expense of partition fence.
If any occupant of land adjoining the enclosure of another encloses the land, upon the enclosure of the other person, the occupant shall within 3 months build the occupant's proportion of the partition fence or refund to the owner of the fence an equal proportion of the value, at that time, of any partition fence of the adjoining occupant.
History: En. Sec. 1115, 5th Div. Comp. Stat. 1887; re-en. Sec. 3254, Pol. C. 1895; re-en. Sec. 2086, Rev. C. 1907; re-en. Sec. 6779, R.C.M. 1921; re-en. Sec. 6779, R.C.M. 1935; R.C.M. 1947, 67-804; amd. Sec. 2123, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-208. Partition fence when common occupancy ceases

70-16-208. Partition fence when common occupancy ceases.
Whenever any lands belonging to different persons in severalty have been enclosed and occupied in common or without a partition fence between them and one of the occupants desires to occupy that occupant's part in severalty, the other occupant shall, within 6 months after being notified in writing, build and maintain the other occupant's proportion of the partition fence as may be necessary for that purpose, and in case of neglect or refusal so to do, the person giving the notice may build the fence at the expense of the person neglecting or refusing. The amount expended may be recovered in an action, together with all damages that person may sustain on account of the neglect or refusal.
History: En. Sec. 1116, 5th Div. Comp. Stat. 1887; re-en. Sec. 3255, Pol. C. 1895; re-en. Sec. 2087, Rev. C. 1907; re-en. Sec. 6780, R.C.M. 1921; re-en. Sec. 6780, R.C.M. 1935; R.C.M. 1947, 67-805; amd. Sec. 2124, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-209. Repair or rebuilding of partition fences

70-16-209. Repair or rebuilding of partition fences.
If a person neglects or refuses to repair or rebuild any partition fence that by law the person ought to build or maintain, the occupant of the adjoining land may, after giving 60 days' notice that a new fence should be erected or 5 days' notice in writing that the repairing of the fence is necessary, build or repair the fence at the expense of the party neglecting or refusing. The amount expended may be recovered from the neglecting or refusing party after receipt of the notice, and the neglecting or refusing party is liable to the party injured for all damages sustained by the neglect or refusal.
History: En. Sec. 1118, 5th Div. Comp. Stat. 1887; re-en. Sec. 3257, Pol. C. 1895; re-en. Sec. 2089, Rev. C. 1907; re-en. Sec. 6782, R.C.M. 1921; re-en. Sec. 6782, R.C.M. 1935; R.C.M. 1947, 67-807; amd. Sec. 2125, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 2. Adjoining Landowners and Boundaries -- Fences › 70-16-210. Removal of partition fence

70-16-210. Removal of partition fence.
If the occupants of adjoining lands build their respective portions of a partition fence and either of them at any time desires to let the land occupied by that person lie open, that person may, after having given to the occupants of the adjoining land at least 6 months' notice of the intention so to do, remove that person's proportion of the partition fence unless the adjoining occupant pays or tenders to that person the value of the fence. If the fence is removed without notice or after payment or tender of the value, the person removing the fence is liable to the person injured for all damages the injured person may sustain.
History: En. Sec. 1117, 5th Div. Comp. Stat. 1887; re-en. Sec. 3256, Pol. C. 1895; re-en. Sec. 2088, Rev. C. 1907; re-en. Sec. 6781, R.C.M. 1921; re-en. Sec. 6781, R.C.M. 1935; R.C.M. 1947, 67-806; amd. Sec. 2126, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 3. Gratuitous Permittee for Recreation › 70-16-301. Recreational purposes defined

70-16-301. Recreational purposes defined.
"Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.
History: En. Sec. 2, Ch. 138, L. 1965; R.C.M. 1947, 67-809; amd. Sec. 1, Ch. 531, L. 1987; amd. Sec. 8, Ch. 264, L. 1993; amd. Sec. 1, Ch. 303, L. 1995; amd. Sec. 1, Ch. 353, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 4. Right of Reentry › 70-16-401. Reentry -- when and how to be made

70-16-401. Reentry -- when and how to be made.
Whenever the right of reentry is given to the grantor or lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon 3 days' notice, as provided in chapter 27.
History: En. Sec. 1242, Civ. C. 1895; re-en. Sec. 4504, Rev. C. 1907; re-en. Sec. 6746, R.C.M. 1921; Cal. Civ. C. Sec. 791; Based on Field Civ. C. Sec. 243; re-en. Sec. 6746, R.C.M. 1935; R.C.M. 1947, 67-525.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 4. Right of Reentry › 70-16-402. Action for possession under right of reentry -- notice not required

70-16-402. Action for possession under right of reentry -- notice not required.
An action for the possession of real property leased or granted with a right of reentry may be maintained at any time in the district court, after the right to reenter has accrued, without the notice prescribed in 70-16-401.
History: En. Sec. 1244, Civ. C. 1895; re-en. Sec. 4506, Rev. C. 1907; re-en. Sec. 6748, R.C.M. 1921; Cal. Civ. C. Sec. 793; Field Civ. C. Sec. 244; re-en. Sec. 6748, R.C.M. 1935; R.C.M. 1947, 67-527.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 7. Montana Mold Disclosure Act › 70-16-701. Short title

70-16-701. Short title.
This part may be cited as the "Montana Mold Disclosure Act".
History: En. Sec. 1, Ch. 584, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 16. Rights and Obligations Incidental to Ownership in Real Property › Part 7. Montana Mold Disclosure Act › 70-16-702. Definitions

70-16-702. Definitions.
As used in this part, the following definitions apply:
(1) "Inhabitable real property" means any real property that includes a building affixed to land. The building must be designed to be primarily occupied by humans, either as a dwelling or as a place of business.
(2) "Mold" means any mold, fungus, mildew, or spores.
(3) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity.
History: En. Sec. 2, Ch. 584, L. 2003.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-101. Servitudes attached to land

70-17-101. Servitudes attached to land.
The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements:
(1) the right of pasture;
(2) the right of fishing;
(3) the right of taking game;
(4) the right-of-way;
(5) the right of taking water, wood, minerals, and other things;
(6) the right of transacting business upon land;
(7) the right of conducting lawful sports upon land;
(8) the right of receiving air, light, or heat from or over or discharging the same upon or over land;
(9) the right of receiving water from or discharging the same upon land;
(10) the right of flooding land;
(11) the right of having water flow without diminution or disturbance of any kind;
(12) the right of using a wall as a party wall;
(13) the right of receiving more than natural support from adjacent land or things affixed thereto;
(14) the right of having the whole of a division fence maintained by a coterminous owner;
(15) the right of having public conveyances stopped or of stopping the same on land;
(16) the right of a seat in church;
(17) the right of burial;
(18) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land;
(19) the right of receiving sunlight or wind for recognized nonfossil forms of energy generation; and
(20) the right of using land adjacent to a firearms shooting range as a range safety zone.
History: En. Sec. 1250, Civ. C. 1895; re-en. Sec. 4507, Rev. C. 1907; re-en. Sec. 6749, R.C.M. 1921; Cal. Civ. C. Sec. 801; Field Civ. C. Sec. 245; re-en. Sec. 6749, R.C.M. 1935; amd. Sec. 16, Ch. 489, L. 1975; R.C.M. 1947, 67-601; amd. Sec. 1, Ch. 209, L. 1983; amd. Sec. 1, Ch. 111, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-102. Servitudes not attached to land

70-17-102. Servitudes not attached to land.
The following land burdens or servitudes upon land may be granted and held though not attached to land:
(1) the right of pasture and of fishing and taking game;
(2) the right of a seat in church;
(3) the right of burial;
(4) the right of taking rents and tolls;
(5) the right-of-way;
(6) the right of taking water, wood, minerals, or other things;
(7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.
History: En. Sec. 1251, Civ. C. 1895; re-en. Sec. 4508, Rev. C. 1907; re-en. Sec. 6750, R.C.M. 1921; Cal. Civ. C. Sec. 802; Based on Field Civ. C. Sec. 246; re-en. Sec. 6750, R.C.M. 1935; amd. Sec. 17, Ch. 489, L. 1975; R.C.M. 1947, 67-602.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-103. Dominant and servient tenement

70-17-103. Dominant and servient tenement.
The land to which an easement is attached is called the dominant tenement. The land upon which a burden or servitude is held is called the servient tenement.
History: En. Sec. 1252, Civ. C. 1895; re-en. Sec. 4509, Rev. C. 1907; re-en. Sec. 6751, R.C.M. 1921; Cal. Civ. C. Sec. 803; Field Civ. C. Sec. 247; re-en. Sec. 6751, R.C.M. 1935; R.C.M. 1947, 67-603.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-104. Who may grant servitude

70-17-104. Who may grant servitude.
A servitude can be created only by one who has a vested estate in the servient tenement.
History: En. Sec. 1253, Civ. C. 1895; re-en. Sec. 4510, Rev. C. 1907; re-en. Sec. 6752, R.C.M. 1921; Cal. Civ. C. Sec. 804; Field Civ. C. Sec. 248; re-en. Sec. 6752, R.C.M. 1935; R.C.M. 1947, 67-604.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-105. Who may not hold servitude

70-17-105. Who may not hold servitude.
A servitude thereon cannot be held by the owner of the servient tenement.
History: En. Sec. 1254, Civ. C. 1895; re-en. Sec. 4511, Rev. C. 1907; re-en. Sec. 6753, R.C.M. 1921; Cal. Civ. C. Sec. 805; Field Civ. C. Sec. 249; re-en. Sec. 6753, R.C.M. 1935; R.C.M. 1947, 67-605.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-106. Extent of servitude

70-17-106. Extent of servitude.
(1) Except as otherwise provided in 23-2-312, 23-2-322, and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.
(2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.
(3) The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.
History: En. Sec. 1255, Civ. C. 1895; re-en. Sec. 4512, Rev. C. 1907; re-en. Sec. 6754, R.C.M. 1921; Cal. Civ. C. Sec. 806; Field Civ. C. Sec. 250; re-en. Sec. 6754, R.C.M. 1935; R.C.M. 1947, 67-606; amd. Sec. 2, Ch. 453, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-107. Apportionment of burden upon partition of dominant tenement

70-17-107. Apportionment of burden upon partition of dominant tenement.
In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement but not in such a way as to increase the burden upon the servient tenement.
History: En. Sec. 1256, Civ. C. 1895; re-en. Sec. 4513, Rev. C. 1907; re-en. Sec. 6755, R.C.M. 1921; Cal. Civ. C. Sec. 807; Field Civ. C. Sec. 251; re-en. Sec. 6755, R.C.M. 1935; R.C.M. 1947, 67-607.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-108. Rights of owner of future estate in dominant tenement

70-17-108. Rights of owner of future estate in dominant tenement.
The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements although such tenement is occupied by a tenant.
History: En. Sec. 1257, Civ. C. 1895; re-en. Sec. 4514, Rev. C. 1907; re-en. Sec. 6756, R.C.M. 1921; Cal. Civ. C. Sec. 808; Field Civ. C. Sec. 252; re-en. Sec. 6756, R.C.M. 1935; R.C.M. 1947, 67-608.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-109. Who may bring action to enforce easement

70-17-109. Who may bring action to enforce easement.
The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.
History: En. Sec. 1258, Civ. C. 1895; re-en. Sec. 4515, Rev. C. 1907; re-en. Sec. 6757, R.C.M. 1921; Cal. Civ. C. Sec. 809; Field Civ. C. Sec. 253; re-en. Sec. 6757, R.C.M. 1935; Sec. 67-609, R.C.M. 1947; redes. 62-617 by Sec. 15, Ch. 489, L. 1975; R.C.M. 1947, 62-617.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-110. Action by owner of servient tenement for possession

70-17-110. Action by owner of servient tenement for possession.
The owner in fee of a servient tenement may maintain an action for the possession of the land against any one unlawfully possessed thereof though a servitude exists thereon in favor of the public.
History: En. Sec. 1259, Civ. C. 1895; re-en. Sec. 4516, Rev. C. 1907; re-en. Sec. 6758, R.C.M. 1921; Cal. Civ. C. Sec. 810; Field Civ. C. Sec. 254; re-en. Sec. 6758, R.C.M. 1935; R.C.M. 1947, 67-610.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-111. How servitude extinguished

70-17-111. How servitude extinguished.
(1) Except as provided in subsection (2), a servitude is extinguished:
(a) by the vesting of the right to the servitude and the right to the servient tenement in the same person;
(b) by the destruction of the servient tenement;
(c) by the performance of any act upon either tenement by the owner of the servitude or with the owner's assent that is incompatible with its nature or exercise; or
(d) when the servitude was acquired by enjoyment, by disuse of the servitude by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
(2) A conservation easement may not be extinguished by taking fee title to the land to which the conservation easement is attached.
History: En. Sec. 1260, Civ. C. 1895; re-en. Sec. 4517, Rev. C. 1907; re-en. Sec. 6759, R.C.M. 1921; Cal. Civ. C. Sec. 811; Field Civ. C. Sec. 255; re-en. Sec. 6759, R.C.M. 1935; R.C.M. 1947, 67-611; amd. Sec. 1, Ch. 352, L. 2007.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-112. Interference with canal or ditch easements prohibited

70-17-112. Interference with canal or ditch easements prohibited.
(1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works.
(2) A person may not encroach upon or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water.
(3) The provisions of subsection (2) do not apply if the holder of the canal or ditch easement consents in writing to the encroachment or impairment.
(4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.
(5) If a legal action is brought to enforce the provisions of this section, the prevailing party is entitled to costs and reasonable attorney fees.
History: En. Sec. 1, Ch. 371, L. 1981; amd. Sec. 1, Ch. 180, L. 2013.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-113. Prohibited easement

70-17-113. Prohibited easement.
If an existing road or road easement provides access to a lot in a platted residential subdivision, the owner of a lot or parcel in a platted residential subdivision may not obtain a prescriptive easement for ingress or egress to the lot if the prescriptive easement crosses other lots or parcels in the platted residential subdivision.
History: En. Sec. 1, Ch. 304, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-114. Easement signage

70-17-114. Easement signage.
The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary.
History: En. Sec. 1, Ch. 453, L. 2021.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 1. Servitudes -- Easements › 70-17-115. State acquisition of land subject to prescriptive easement

70-17-115. State acquisition of land subject to prescriptive easement.
Acquisition by the state of land subject to a prescriptive easement does not terminate the prescriptive easement.
History: En. Sec. 1, Ch. 329, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-201. Nature and effect

70-17-201. Nature and effect.
Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee in the same manner as if they had personally entered into them. Such covenants are said to run with the land.
History: En. Sec. 1983, Civ. C. 1895; re-en. Sec. 4914, Rev. C. 1907; re-en. Sec. 7416, R.C.M. 1921; Cal. Civ. C. Sec. 1460; Field Civ. C. Sec. 691; re-en. Sec. 7416, R.C.M. 1935; R.C.M. 1947, 58-304.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-202. Covenants specified in this part as exclusive

70-17-202. Covenants specified in this part as exclusive.
The only covenants which run with the land are those specified in this part and those which are incidental thereto.
History: En. Sec. 1984, Civ. C. 1895; re-en. Sec. 4915, Rev. C. 1907; re-en. Sec. 7417, R.C.M. 1921; Cal. Civ. C. Sec. 1461; Field Civ. C. Sec. 692; re-en. Sec. 7417, R.C.M. 1935; R.C.M. 1947, 58-305.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-203. Covenants that run with land

70-17-203. Covenants that run with land.
(1) Except as provided in 70-1-522 and 70-17-212, every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land.
(2) Subsection (1) includes:
(a) covenants of warranty, for quiet enjoyment, or for further assurance on the part of the grantor and covenants for the payment of rent or of taxes or assessments upon the land on the part of a grantee;
(b) conservation easements pursuant to 76-6-209;
(c) a dedication of open space as provided in 76-3-509; and
(d) wind easements pursuant to Title 70, chapter 17, part 4.
(3) A covenant for the addition of some new thing to real property or for the direct benefit of some part of the property not then in existence or annexed to the property, when contained in a grant of an estate in the property and made by the covenantor expressly for the covenantor's assigns or to the assigns of the covenantee, runs with the land so far as the assigns mentioned are concerned.
History: En. Secs. 1985, 1986, 1987, Civ. C. 1895; re-en. Secs. 4916, 4917, 4918, Rev. C. 1907; re-en. Secs. 7418, 7419, 7420, R.C.M. 1921; Cal. Civ. C. Secs. 1462, 1463, 1464; Field Civ. C. Secs. 693, 694, 695; re-en. Secs. 7418, 7419, 7420, R.C.M. 1935; R.C.M. 1947, 58-306, 58-307, 58-308; amd. Sec. 2, Ch. 352, L. 2007; amd. Sec. 3, Ch. 307, L. 2009; amd. Sec. 1, Ch. 137, L. 2011; amd. Sec. 9, Ch. 249, L. 2011; amd. Sec. 3, Ch. 259, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-204. Who bound by covenant

70-17-204. Who bound by covenant.
Except as provided in 70-1-522, a covenant running with the land binds only those who acquire the whole estate of the covenantor in some part of the property.
History: En. Sec. 1988, Civ. C. 1895; re-en. Sec. 4919, Rev. C. 1907; re-en. Sec. 7421, R.C.M. 1921; Cal. Civ. C. Sec. 1465; Field Civ. C. Sec. 696; re-en. Sec. 7421, R.C.M. 1935; R.C.M. 1947, 58-309; amd. Sec. 4, Ch. 307, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-205. Nonliability for prior or subsequent breach

70-17-205. Nonliability for prior or subsequent breach.
A person, merely by reason of having acquired an estate subject to a covenant running with the land, is not liable for a breach of the covenant before the person acquired the estate or after the person has parted with the estate or ceased to enjoy its benefits.
History: En. Sec. 1989, Civ. C. 1895; re-en. Sec. 4920, Rev. C. 1907; re-en. Sec. 7422, R.C.M. 1921; Cal. Civ. C. Sec. 1466; Field Civ. C. Sec. 697; re-en. Sec. 7422, R.C.M. 1935; R.C.M. 1947, 58-310; amd. Sec. 2127, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-206. Apportionment of burdens and benefits

70-17-206. Apportionment of burdens and benefits.
Except as provided in 70-1-522, if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.
History: En. Sec. 1990, Civ. C. 1895; re-en. Sec. 4921, Rev. C. 1907; re-en. Sec. 7423, R.C.M. 1921; Cal. Civ. C. Sec. 1467; Field Civ. C. Sec. 698; re-en. Sec. 7423, R.C.M. 1935; R.C.M. 1947, 58-311; amd. Sec. 5, Ch. 307, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-210. Covenant enforcement and abandonment

70-17-210. Covenant enforcement and abandonment.
(1) Only the governing body of a development or a parcel owner within a development can initiate a legal action to enforce covenants, conditions, or restrictions.
(2) A covenant, condition, or restriction is deemed abandoned for purposes of enforcement if no enforcement action has been undertaken for the prescribed period in 27-2-202. Once a covenant, condition, or restriction is abandoned pursuant to this section, the governing body is precluded from undertaking a different interpretation or enforcement action against a similarly situated parcel owner in the same development.
(3) When the governing body formed within covenants, conditions, or restrictions has not met for a period of 15 years, it constitutes substantial noncompliance, and the governing body is prohibited from taking any enforcement action regarding the covenants, conditions, or restrictions recorded against the land to the extent the covenants, conditions, or restrictions are not otherwise necessary to comply with applicable federal, state, and local laws, ordinances, and regulations.
History: En. Sec. 1, Ch. 665, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-211. Findings -- purpose

70-17-211. Findings -- purpose.
The legislature finds and declares that transfer fee covenants, as defined in 70-17-212, impair the marketability and transferability of real property by constituting an unreasonable restraint on alienation regardless of the duration of the covenants or the amount of the transfer fees. The purpose of 70-17-212 and this section is to prohibit transfer fee covenants from running with the title to real property or binding subsequent owners of the property under common law or equitable principles.
History: En. Sec. 1, Ch. 259, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 2. Covenants Running With the Land › 70-17-216. Home-based child care

70-17-216. Home-based child care.
For residential property subject to a covenant, providing child care in a family day-care home as defined in 52-2-703 or a group day-care home as defined in 52-2-703 is a residential use of property and is a residential purpose.
History: En. Sec. 1, Ch. 169, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 3. Solar Easements › 70-17-301. Creation of solar easements

70-17-301. Creation of solar easements.
An easement obtained for the purpose of exposure of a solar energy device must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property.
History: En. Sec. 1, Ch. 524, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 3. Solar Easements › 70-17-302. Content of solar easements

70-17-302. Content of solar easements.
An instrument creating a solar easement must specify at least:
(1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement; and
(2) any terms or conditions under which the solar easement is granted or will be terminated.
History: En. Sec. 2, Ch. 524, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 3. Solar Easements › 70-17-303. Repealed

70-17-303. Repealed.
Sec. 10, Ch. 249, L. 2011.
History: En. Sec. 2, Ch. 209, L. 1983.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-401. Short title

70-17-401. Short title.
This part may be cited as the "Wind Energy Rights Act".
History: En. Sec. 1, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-403. Wind easement creation -- terms

70-17-403. Wind easement creation -- terms.
(1) A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property.
(2) The wind easement runs with the real property on and over which the wind resource flows.
(3) A wind easement terminates under the terms and conditions outlined in the wind easement.
History: En. Sec. 3, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-404. Severance of wind energy rights limited

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.