§ 17-04-03 — Wind easements - Creation - Term - Development required

1. A property owner may grant a wind easement in the same manner and with the same
effect as the conveyance of an interest in real property.
2. The easement runs with the land benefited and burdened and terminates upon the
conditions stated in the easement, however:
a. The easement is void if the following have not occurred with respect to the
property that is the subject of the easement within five years after the easement
commences:
(1) A certificate of site compatibility or conditional use permit has been issued, if
required; and
(2) A transmission interconnection request is in process and not under
suspension.
b. A wind easement is presumed to be abandoned if a period of thirty-six
consecutive months has passed with no construction or operation of the wind
farm facility. If the operator of the wind farm facility does not file a plan with the
public service commission outlining the steps and schedule for continuing
construction or operation of the facility within the thirty-six month period, the
owner of the energy rights may provide, by certified mail or other personal
delivery to the owner of the wind easement, a sixty-day written notice of the intent
to terminate the easement. If, within sixty days of the receipt of the notice of the
intent to terminate, the owner of the easement fails to provide a written objection
to the notice by certified mail or other personal delivery, the owner of the energy
rights may file a notice of termination with the county recorder in the county in
which the real property is located. Termination of the easement becomes effective
when the notice of termination is filed and recorded with the county recorder.