§ 43-13-17 — Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances.

South Dakota § 43-13-17

• Jurisdiction: South Dakota
• Title 43: PROPERTY
• Ch. 43-11: EASEMENTS AND SERVITUDES

Text

Any property owner may grant a wind or solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any such easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any such easement is void if no development of the potential to produce energy from wind power or solar power associated with the easement has occurred within five years after the effective date of the easement. Any payments associated with the granting or continuance of any such easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each wind or solar easement agreement shall include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.

Legislative History

SL 1996, ch 260, § 2; SL 2003, ch 227, § 1; SL 2009, ch 222, § 1; SL 2010, ch 213, § 2; SL 2017, ch 188, § 2.