Mont. Admin. r. 36.25.613 - MINERAL LESSEE'S SURFACE RIGHTS
(1) The
mineral lessee has the right to use the land surface as necessary in order to
explore, develop and mine the leased lands.
(2) Any sale, contract for sale or lease of
state land which has been leased for minerals pursuant to this subchapter shall
be made subject to such mineral lease and the surface owner, purchaser or
lessee shall not be entitled to surface damages.
(3) If the surface of the land leased for
minerals pursuant to this subchapter has been previously sold or contracted for
sale or leased, the rights of the prior purchaser, contractee or lessee shall
be protected as required by law and the board.
Notes
77-6-104, MCA; IMP, 77-3-132, MCA;
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