Wind Easements (South Dakota)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place South Dakota

Name Wind Easements
Incentive Type Solar/Wind Access Policy
Applicable Sector Agricultural, Fed. Government, Institutional, Local Government, Nonprofit, Residential, Schools, State Government, Tribal Government
Eligible Technologies Wind
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs














































Date added to DSIRE 2010-02-15
Last DSIRE Review 2013-01-11



References DSIRE[1]


Summary

Any South Dakota property owner may grant a wind easement with the same effect as a conveyance of an interest in real property. Easements must be established in writing, and must be filed, recorded and indexed in the office of the register of deeds of the county in which they are granted. The maximum term of an easement is 50 years. Any payments associated with an easement must be made on an annual basis to the owner of the real property. An easement must include the following information:

  • A description of the real property subject to the easement and a description of the real property benefiting from the wind easement;
  • A description of the real property subject to the easement and of the real property benefiting from the easement;
  • A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind power system in which an obstruction to the wind is prohibited or limited;
  • Any terms or conditions under which the easement is granted or may be terminated;
  • Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and
  • Any other provisions necessary or desirable to execute the instrument.


Incentive Contact

Contact Name Public Information
Department S.D. Energy Management Office

Address 523 E. Capitol Avenue

Place Pierre, South Dakota
Zip/Postal Code 57501
Phone (605) 773-3899


Email BOAGeneralInformation@state.sd.us
Website http://www.state.sd.us/boa/ose/OSE_Statewide_Energy.htm
     
     

Authorities (Please contact the if there are any file problems.)

Authority 1: S.D. Codified Laws § 43-13-16, et seq.
Date Effective 1996
Date Enacted 1996 (subsequently amended)


















  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]

References

  1. 1.0 1.1  "Database of State Incentives for Renewables and Efficiency (DSIRE)"