Montana Utility Facilities Easement (MUD Easement) is a legal agreement granting permission for utility companies to access, install, maintain, and operate their infrastructure within a designated area of private or public property in the state of Montana. This easement allows utility companies to construct and manage essential facilities needed to provide services such as electricity, water, telecommunications, natural gas, sewer, and other public utilities. The MUD Easement serves as a formal arrangement that outlines the rights and obligations of both the property owner and the utility company. It ensures that utility providers have the necessary access to land or property required to install and maintain their facilities, while protecting the rights of landowners and minimizing any adverse impacts on the property. There are various types of Montana Utility Facilities Easements, each specific to the type of utility infrastructure involved: 1. Electric Utility Easement: This type of easement is focused on granting permission to electric utility companies to access and maintain electrical infrastructure, such as overhead or underground power lines, transformers, substations, and distribution equipment. 2. Water Utility Easement: A water utility easement allows companies to establish and maintain water supply infrastructure, including pipes, meters, storage tanks, and pumping stations. This easement ensures continued access for maintenance, repairs, and regular monitoring of the water system. 3. Telecommunications Utility Easement: Telecommunications utility easements are commonly granted to companies providing telephone, cable TV, internet, or wireless services. These easements enable the installation and maintenance of cables, fiber optics, antennas, towers, or other necessary equipment for efficient communication services. 4. Natural Gas Utility Easement: This type of easement encompasses the rights given to natural gas utility companies to establish, maintain, and operate infrastructure related to the supply and distribution of natural gas. It includes the installation of pipes, meters, regulators, and other necessary equipment. 5. Sewer Utility Easement: Sewer utility easements allow companies to establish and manage wastewater management systems, including sewer lines, manholes, lift stations, treatment facilities, and associated equipment. These easements ensure proper maintenance and accessibility for efficient sewage disposal services. It's important to note that the specific terms and conditions of a Montana Utility Facilities Easement can vary depending on the agreements between the utility company, the property owner, and any relevant governing authorities.
Montana Utility Facilities Easement
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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.
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.
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.
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.
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.