Wyoming § 34-27-107 34-27-103. Declaration of wind energy rights

Wyoming Statutes

§ 34-27-107 — 34-27-103. Declaration of wind energy rights

Wyoming § 34-27-107

Title 34Property, Conveyances and Security Transactions

Ch. 27WIND ENERGY RIGHTS

This text of Wyoming § 34-27-107 (34-27-103. Declaration of wind energy rights) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 34-27-107 (2026).

Text

(a)Wind energy rights shall be regarded as an interest in real property and appurtenant to the surface estate.

(b)Wind energy rights shall not be severed from the surface estate, except that wind energy may be developed pursuant to a wind energy agreement.

(c)A wind energy agreement is an interest in real property. A wind energy agreement or a notice or memorandum evidencing a wind energy agreement shall:

(i)Be recorded in the office of the county clerk where the land subject to the agreement is located; and

(ii)Shall include a description of the land subject to the agreement.

(d)After a wind energy agreement has terminated, the surface owner may request the wind energy developer to record a release of the wind energy agreement in the office of the county clerk where the land subject

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(a) Wind energy rights shall be regarded as an interest in
real property and appurtenant to the surface estate.
(b) Wind energy rights shall not be severed from the
surface estate, except that wind energy may be developed
pursuant to a wind energy agreement.
(c) A wind energy agreement is an interest in real
property. A wind energy agreement or a notice or memorandum
evidencing a wind energy agreement shall:
(i) Be recorded in the office of the county clerk
where the land subject to the agreement is located; and
(ii) Shall include a description of the land subject
to the agreement.
(d) After a wind energy agreement has terminated, the
surface owner may request the wind energy developer to record a
release of the wind energy agreement in the office of the county
clerk where the land subject to the wind energy agreement is
located. The request shall be in writing and delivered to the
wind energy developer by personal service or registered mail at
the wind energy developer's last known address. The wind energy
developer shall record the release within twenty (20) days after
receipt of the request. If the wind energy developer fails to
record the release within twenty (20) days after the receipt of
the request, the wind energy developer shall be liable to the
surface owner for all damages caused by the wind energy
developer's failure. A copy of the written request shall have
the same force and effect as the original in an action for
damages.
(e) Wind energy becomes personalty at the point of
conversion into electricity.
(f) Nothing in this act shall alter, amend, diminish or
invalidate wind energy agreements or conveyances made or entered
into prior to April 1, 2011 provided that a contract, lease,
memorandum or other notice evidencing the acquisition,
conveyance or reservation of the wind energy rights is recorded
in accordance with subsection (c) of this section no later than
July 1, 2011.