Montana Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
A public right of way is a private property that has been dedicated to the community for the purpose of public usage for things such as, but no limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement, and other forms of community benefit.
Transmission Easement means the easement granting the Interconnected Utility rights to transmission facilities on the property of Seller. Transmission Easement Definition | Law Insider lawinsider.com ? dictionary ? transmission-e... lawinsider.com ? dictionary ? transmission-e...
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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 is an interest in real property that gives ATC the legal right to use the property for the specific purpose of constructing, operating and maintaining a transmission line facility.