43-13-20.3. Additional contents of wind or solar easement documents.
In addition to any other requirements of law, the filing required pursuant to §43-13-17 shall include:
(1)The names and addresses of the parties;
(2)A legal description of the real property involved;
(3)Description of property rights conveyed;
(4)Term of the wind or solar easement;
(5)Description of any restrictions placed on the property for essential services as defined in §43-13-20; and
(6)In the case of a third party acquisition, the name and address of the party for which the wind or solar easement is acquired.
This information shall be contained in a separately filed and recorded document. Nothing in this section prohibits the filing of additional documents between the parties.
Source: SL 2010, ch 213, §5; SL 2017, ch 188, §8.
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.