Montana General Easement for Utilities

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US-EAS-34
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A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

Montana General Easement for Utilities: A Comprehensive Overview In Montana, a General Easement for Utilities is a legal agreement that grants utility companies the right to access and utilize certain portions of privately owned land for the installation, maintenance, and operation of utility infrastructure. These easements ensure the continuous delivery of essential services to communities while preserving the rights of landowners. Keywords: Montana, general easement for utilities, utility infrastructure, privately owned land, installation, maintenance, operation, essential services, landowners. Types of Montana General Easements for Utilities: 1. Power line Easement: A power line easement grants rights to utility companies to construct power transmission lines and related equipment across privately owned land. This type of easement facilitates the safe and efficient transmission of electricity to homes, businesses, and industries across Montana. Keywords: power line easement, power transmission lines, electricity, homes, businesses, industries. 2. Pipeline Easement: A pipeline easement allows utility companies to install and maintain underground pipelines for the transportation of natural gas, oil, or other essential substances. These easements play a crucial role in ensuring the reliable delivery of energy resources to consumers throughout Montana. Keywords: pipeline easement, underground pipelines, natural gas, oil, energy resources, consumers. 3. Water and Wastewater Easement: Water and wastewater easements authorize utility companies to construct and operate water supply systems and wastewater treatment facilities on private land. These easements support the provision of clean and safe drinking water, as well as the appropriate treatment and disposal of wastewater. Keywords: water and wastewater easement, water supply systems, wastewater treatment facilities, clean drinking water, wastewater disposal. 4. Telecommunication Easement: Telecommunication easements enable utility companies to install and maintain communication infrastructure, including telephone lines, fiber optic cables, and wireless equipment. These easements are essential for ensuring reliable and efficient communication services across the state. Keywords: telecommunication easement, communication infrastructure, telephone lines, fiber optic cables, wireless equipment, reliable communication services. 5. Access Easement: An access easement allows utility companies the right to have reasonable access to utility infrastructure located on private land for maintenance, repairs, and upgrades. This type of easement ensures that utility providers can promptly address and resolve any issues to maintain uninterrupted service to customers. Keywords: access easement, utility infrastructure access, maintenance, repairs, upgrades, uninterrupted service. It is important to note that the specific terms and conditions of a General Easement for Utilities may vary depending on various factors, including the utility type, the land area involved, and the negotiation between the utility company and the landowner. Additionally, the creation and enforcement of Montana General Easements for Utilities are governed by state and local laws and regulations. In conclusion, Montana General Easements for Utilities allow utility companies to access and use privately owned land for the installation and maintenance of essential utility infrastructure. These easements, including power line, pipeline, water and wastewater, telecommunication, and access easements, ensure the continued delivery of crucial services while balancing the rights of landowners.

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FAQ

They are a grant of one or more property rights by the property (e.g. your yard) for use by another entity (e.g. City of Rosemount, MnDOT, Dakota Electric, etc.). In other words, the recipient of the easement (e.g. City of Rosemount) has the right to use the land in the easement for a specific purpose.

As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.

Only one Montana statute specifically addresses prescriptive easements. Section 23-2-322(1), MCA, provides that a prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

This easement is typically granted by property owners to an electric utility for constructing, operating and maintaining power lines and other equipment. Before a power line is built, we acquire easements from property owners along the selected route as necessary.

Montana law requires a conservation easement to be granted for a term of at least 15 years, but many are granted in perpetuity. A conservation easement runs with the land and remains in place even if the land is sold. Forever. A landowner may want the land to always be protected.

A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

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Montana General Easement for Utilities