§ 17-04-01 — Wind option agreement - Definition - Termination

1. A wind option agreement is a contract in which the owner of property gives another the
right to produce energy from wind power on that property at a fixed price within a time
period not to exceed five years on agreed terms.
2. A wind option agreement is void and terminates if the following have not occurred with
respect to the property that is the subject of the wind option agreement within five
years after the wind option agreement commences:
a. A certificate of site compatibility or conditional use permit has been issued, if
required; and
b. A transmission interconnection request is in process and not under suspension.
3. If the requirements of subsection 2 are not met by the owner of the wind option
agreement, the owner of the energy rights may provide to the owner of the wind option
agreement a notice of termination, by certified mail or other personal delivery, and file
the notice with the county recorder in the county in which the real property is located.
Termination of the wind option agreement is effective five years after the wind option
commences.