§ 17-04-04 — Severance of wind energy rights limited

Except for a wind easement created under section 17-04-03 and as otherwise provided in
this section, an interest in a resource located on a tract of land and associated with the

production of energy for wind power on the tract of land may not be severed from the surface
estate. However, nothing in this section may be construed to prohibit or limit the right of a seller
of real estate to retain any payments associated with an existing wind energy project.