Montana Amendment to Easement (Powerline Easement)

State:
Multi-State
Control #:
US-OG-927
Format:
Word; 
Rich Text
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Description

This form is an amendment to easement for a powerline easement.

The Montana Amendment to Easement, specifically related to Power line Easements, is an important legal document designed to modify or change the terms, conditions, or provisions of an existing power line easement in the state of Montana. Power line easements are granted by landowners to utility companies or entities to establish rights of way for the installation, operation, and maintenance of power transmission lines. The Montana Amendment to Easement (Power line Easement) serves as a means to alter certain aspects of the original agreement between the landowner and the power company. It allows parties to address concerns, make necessary adjustments, or renegotiate specific terms to better suit the changing needs or circumstances related to the power line easement. Keywords: Montana, Amendment to Easement, Power line Easement, legal document, modify, change, terms, conditions, provisions, landowner, utility company, rights of way, installation, operation, maintenance, power transmission lines, agreement, parties, concerns, adjustments, renegotiation, changing needs, circumstances. Different types of Montana Amendment to Easement (Power line Easement) in Montana may include: 1. Alteration Amendment: This type of amendment involves making changes to specific provisions within the power line easement, such as the route of the power line, allowed usage, or permitted activities within the easement area. 2. Extension Amendment: When the original power line easement's timeline expires, an extension amendment can be used to grant additional years for the easement's existence. 3. Termination Amendment: If there is a need to end the power line easement before its scheduled expiration, a termination amendment can be pursued, providing a legal means to cease the easement rights and obligations. 4. Expansion Amendment: In situations where the power company requires additional space or access to the land for power line maintenance, upgrades, or expansions, an expansion amendment can be implemented to modify the original easement's boundaries or granted rights. 5. Compensation Amendment: If there is a need to adjust the compensation terms originally agreed upon in the power line easement, a compensation amendment can be pursued to redefine the payment structure, schedule, or amount. Keywords: Alteration Amendment, Extension Amendment, Termination Amendment, Expansion Amendment, Compensation Amendment, power line, easement, landowner, utility company, alterations, extension, termination, expansion, compensation, provisions, timeline, rights, obligations, payment structure.

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FAQ

Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.

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.

Ditch easements are commonly used to convey water to water rights holders. Montana law does not allow encroachment of easements without ditch owner permission. Conflicts between landowners and ditch owners may be increasing. Other states may provide guidance regarding such disputes.

What is a Conservation Easement? A conservation easement is a voluntary legal agreement between a landowner and a land trust like MLR that permanently limits the uses of the land in order to protect its conservation values.

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.

Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.

Photo courtesy of Yellowstone. A conservation easement is a legal agreement that permanently limits uses of the land to protect specific conservation values and to prohibit certain activities that would harm those values.

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.

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(i) to the department of fish, wildlife, and parks for parcels that are surrounded by or adjacent to. 22 land owned by the department of fish, wildlife, ... “Right-of-way plans are the paper drawings which show the project alignment, its centerline, existing and proposed Right-of-Way, construction limits, ...THIS GRANT DEED OF CONSERVATION EASEMENT (“Easement”) is made this. ____ day of___________, 20__, by MELVIN J. VISSER and MARJORIE K. VISSER, husband. For working farms, the program helps farmers and ranchers keep their land in agriculture. Under the Agricultural Land Easement component, NRCS may contribute up ... Since the early 1900's, the City has had an insufficient and inaccurate waterline easement and no road access easement from the F.H. Stoltze Land and Lumber ... Forty eight feet (48') for local access streets with less than two thousand (2,000) vehicle trips a day that do not permit on-street parking or for lots that ... by RM Knight · 1981 · Cited by 11 — The Open-. Space Land and Voluntary Conservation Easement Act became law April 21, 1975, the date the Governor signed the bill. 2. B. Legislation. 1. Policies. Building setbacks shall be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this ... May 15, 2023 — However, in providing plans examination and building inspections under this contract, contractor shall be free from control or direction of the ... Oct 22, 2012 — They were originally adopted under Ordinance #06-. 5359 on January 9, 2006, and also subsequently amended under City Ordinance #06-5380 on July.

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Montana Amendment to Easement (Powerline Easement)