43-13-20.1. Extension of wind development period--Filing of affidavit.
The five-year development period specified in §§43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years only for a wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:
(1)State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and
(2)Describe the geographic area covered by the project.
The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.
The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement.
Source: SL 2010, ch 213, §3; SL 2017, ch 188, §6.
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.