The owner of a mining claim held under the laws of the United States by patent or otherwise or under the local laws and customs of the state has a right-of-way over and across the land or mining claim of another, patented or otherwise, as prescribed in this part.
Right-Of-Way Of Owners Of Mines
Mont. Code Ann. § 82-2-201, under Rights-of-Way and Eminent Domain.
Mont. Code Ann. § 82-2-201