43-13-19. Severance of wind or solar energy rights limited.
No interest in any resource located on a tract of land and associated with the production or potential production of energy from wind or solar power on the tract of land may be severed from the surface estate as defined in §45-5A-3, except that such rights may be leased for a period not to exceed fifty years. Any such lease is void if no development of the potential to produce energy from wind or solar power has occurred on the land within five years after the lease began. The payment of the lease shall be on an annual basis.
Source: SL 1996, ch 260, §4; SL 2017, ch 188, §4.
Structure South Dakota Codified Laws
Chapter 13 - Easements And Servitudes
Section 43-13-1 - Granting and holding of servitudes not attached to land.
Section 43-13-2 - Easements--Definition--Classification.
Section 43-13-3 - Definition of terms--Dominant tenement--Servient tenement.
Section 43-13-4 - Creation of servitude--Vested estate in servient tenement necessary.
Section 43-13-5 - Extent of servitude--Determination.
Section 43-13-6 - Owner of servient tenement cannot hold servitude--Extinguishment of servitude.
Section 43-13-7 - Effect of partition of dominant tenement--Apportionment of burden--Limitation.
Section 43-13-8 - Use of easements by owner of future estate in dominant tenement.
Section 43-13-9 - Owner or occupant of dominant tenement--Right to enforce easement.
Section 43-13-11 - Destruction of servient tenement extinguishes servitude.
Section 43-13-13 - Servitude acquired by enjoyment extinguished by disuse for prescribed period.
Section 43-13-16 - Wind easement defined.
Section 43-13-16.1 - Solar easement defined.
Section 43-13-18 - Contents of wind or solar easement instruments.
Section 43-13-19 - Severance of wind or solar energy rights limited.
Section 43-13-20.1 - Extension of wind development period--Filing of affidavit.
Section 43-13-20.2 - Development of potential to produce energy from wind power or solar power.
Section 43-13-20.3 - Additional contents of wind or solar easement documents.
Section 43-13-20.4 - Waiting period for execution of wind or solar easement or lease.
Section 43-13-20.5 - Confidentiality agreements.
Section 43-13-21 - Small wind energy system defined.
Section 43-13-22 - Large wind energy system defined.
Section 43-13-23 - Small wind energy system set back requirement--Exception .
Section 43-13-24 - Large wind energy system set back requirement--Exception.