South Dakota Codified Laws
Chapter 04 - Administration Of School And Public Lands
Section 5-4-5.2 - Wind and solar easements and leases.

5-4-5.2. Wind and solar easements and leases.
The commissioner of school and public lands may grant to any person a wind easement, as defined in §43-13-16, or a solar easement, as defined in §43-13-16.1. The commissioner of school and public lands may also provide for wind leases and solar leases.
The grant of an easement or a lease under this section is subject to the terms and conditions set forth in §§43-13-17 to 43-13-24, inclusive, together with any terms and conditions that are customary and proper for the protection of the state, including the right to enter upon land, construct roads, and erect structures, transmission lines, common carrier lines, and other necessary improvements.
The provisions of chapter 49-7 do not apply to easements and leases authorized by this section.

Source: SL 2019, ch 45, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 04 - Administration Of School And Public Lands

Section 5-4-1 - Claim not acquired by occupancy by trespasser--Right to remove improvements.

Section 5-4-2 - Right-of-way for federally authorized waterworks and utility lines--Waterworks of persons holding water rights--Reservation in conveyances--Purchasers' right to irrigation water.

Section 5-4-3 - Map of waterworks to be filed.

Section 5-4-5 - Easement for utility lines and mains--Cultivation protected--Highways and section lines to be used where practical.

Section 5-4-5.1 - Easements for national guard training sites.

Section 5-4-5.2 - Wind and solar easements and leases.

Section 5-4-6 - Withholding of land from leasing and cooperative agreement for administration for community public purposes--Maximum tract.

Section 5-4-7 - Purposes for which land may be placed under local administration--Rules and regulations.

Section 5-4-8 - Term of agreement for local administration for public purposes--Renewal--Termination on application for purchase.

Section 5-4-9 - Improvements on tracts administered for public purposes--Reimbursement by purchaser or lessee.

Section 5-4-11 - Unauthorized removal of wood from school or public lands as misdemeanor.

Section 5-4-12 - Waste on public lands as misdemeanor.

Section 5-4-13 - Civil liability for waste or unauthorized removal of wood from public lands--Disposition of moneys recovered.

Section 5-4-14 - Preparation of advertisements--Publication--Signature.

Section 5-4-15 - Misdemeanor to start open fire on public lands except in established fireplace.

Section 5-4-16 - Misdemeanor to start and fail to extinguish open fire regardless of whether in approved fireplace .

Section 5-4-17 - Liability for damages.

Section 5-4-18 - Prohibiting large groups from congregating when necessary to preserve lessee's use of land or prevent damage.