A Montana Easement Agreement (Pipeline for Landfill Gas) refers to a legal document that grants permission for the installation and operation of a pipeline on a property in Montana to transport landfill gas. Landfill gas is produced from decomposing organic waste in landfills and can be captured and used as a source of renewable energy. The Montana Easement Agreement is a vital component in facilitating the construction and maintenance of a pipeline, ensuring the proper conveyance of landfill gas from the landfill site to a designated facility for energy generation or other purposes. The agreement outlines the rights, responsibilities, and obligations of both the property owner and the pipeline operator. Keywords: Montana, easement agreement, pipeline, landfill gas, renewable energy, property owner, pipeline operator, construction, maintenance, conveyance, landfill site, facility, energy generation, organic waste. Different types of Montana Easement Agreements related to landfill gas pipelines may include: 1. Permanent Easement Agreement: This type of agreement provides the pipeline operator with a permanent right to install, operate, and maintain the pipeline infrastructure on the property. It typically involves a long-term commitment and may include provisions for compensation to the property owner. 2. Temporary Easement Agreement: In certain cases, a temporary easement agreement may be required to allow the pipeline operator temporary access to the property for specific activities, such as pipeline installation or maintenance. This agreement specifies the duration and conditions for the temporary use of the land. 3. Exclusive Easement Agreement: An exclusive easement agreement grants sole rights to a specific pipeline operator to install and operate a landfill gas pipeline on the property. This type of agreement may offer additional benefits or incentives to the property owner, such as increased compensation or reduced disturbance from multiple pipeline constructions. 4. Shared Easement Agreement: In cases where multiple pipeline operators intend to use the same property for their pipeline infrastructure, a shared easement agreement may be established. This agreement outlines the terms and conditions for the joint use of the land and specifies the rights and responsibilities of each operator. 5. Access Easement Agreement: An access easement agreement allows the pipeline operator limited access to the property solely for the purpose of maintaining and inspecting the pipeline. It typically does not grant rights for pipeline construction or operation. These different types of Montana Easement Agreements serve to provide legal clarity, protect the interests of both parties involved, and facilitate the efficient and safe transportation of landfill gas for energy production or other uses in compliance with applicable laws and regulations.
Montana Easement Agreement (Pipeline for Landfill Gas)
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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.
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.
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.
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.
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.
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.