2019 Montana Code Annotated
Title 70. Property
Chapter 30. Eminent Domain
Part 1. General and Substantive Provisions
70-30-105. Taking of underground natural gas storage reservoir -- effect on owner's right to drill
70-30-105. (Temporary) Taking of underground natural gas storage reservoir -- effect on owner's right to drill. (1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral rights in the land to drill or bore through the sand, stratum, or formation taken for use as an underground natural gas storage reservoir in order to explore for, produce, process, treat, or market any oil, gas, or other minerals that might be contained in the land above or below the sand, stratum, or formation taken.
(2) Any additional cost or expense required to be incurred in order to protect the underground natural gas storage reservoir against pollution and the escape of the gas from the reservoir by reason of boring or drilling through the sand, stratum, or formation used as an underground natural gas storage reservoir must be paid by the persons, firm, or corporation owning the underground natural gas storage reservoir at the time of the boring or drilling.
70-30-105. (Effective on occurrence of contingency) Taking of underground natural gas storage reservoir -- effect on owner's right to drill. (1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral rights in the land to drill or bore through the sand, stratum, or formation taken for use as an underground natural gas storage reservoir in order to explore for, produce, process, treat, or market any oil, gas, or other minerals that might be contained in the land above or below the sand, stratum, or formation taken.
(2) Any additional cost or expense required to be incurred in order to protect the underground natural gas storage reservoir against pollution and the escape of the gas from the reservoir by reason of boring or drilling through the sand, stratum, or formation used as an underground natural gas storage reservoir must be paid by the persons, firm, or corporation owning the underground natural gas storage reservoir at the time of the boring or drilling.
(3) After the effective date of this section, if the sand, stratum, or formation is used as a geologic storage reservoir as defined in 82-11-101, it may not be taken for use as an underground natural gas storage reservoir.
History: En. Sec. 5, Ch. 245, L. 1953; R.C.M. 1947, 93-9903.1; amd. Sec. 55, Ch. 125, L. 2001; amd. Sec. 7, Ch. 474, L. 2009.
