43-13-1. Granting and holding of servitudes not attached to land. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land: (1)The right to pasture, and of fishing and taking game; (2)The right of a seat in church; (3)The right of burial; (4)The right of taking rents and […]
43-13-10. Owner in fee of servient tenement–Action for possession of land–Public servitude. The owner in fee of a servient tenement may maintain an action for the possession of the land, against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public. Source: CivC 1877, §253; CL 1887, §2769; RCivC 1903, §276; […]
43-13-11. Destruction of servient tenement extinguishes servitude. A servitude is extinguished by the destruction of the servient tenement. Source: CivC 1877, §254, subdiv 2; CL 1887, §2770, subdiv 2; RCivC 1903, §277, subdiv 2; RC 1919, §347 (2); SDC 1939, §51.0609 (2).
43-13-12. Performance of act incompatible with nature or exercise of easement–Extinguishment of servitude. A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise. Source: CivC 1877, §254, subdiv 3; CL 1887, §2770, subdiv 3; […]
43-13-13. Servitude acquired by enjoyment extinguished by disuse for prescribed period. A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. Source: CivC 1877, §254, subdiv 4; CL 1887, §2770, subdiv 4; RCivC 1903, §277, subdiv 4; RC 1919, §347 […]
43-13-16. Wind easement defined. For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, wind easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or […]
43-13-16.1. Solar easement defined. For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, solar easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or […]
43-13-17. Granting of wind or solar easements–Recording–Maximum term–Development of energy potential required–Encumbrances. Any property owner may grant a wind or solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall […]
43-13-18. Contents of wind or solar easement instruments. Any deed, will, or other instrument that creates a wind or solar easement shall include: (1)A description of the real property subject to the easement and a description of the real property benefiting from the wind or solar easement; (2)A description of the vertical and horizontal angles, […]
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 […]
43-13-2. Easements–Definition–Classification. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements: (1)The right of pasturage; (2)The right of fishing; (3)The right of taking game; (4)The right of way; (5)The right of taking water, wood, minerals, and other things; (6)The right of transacting […]
43-13-20. Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder–Exception. The holder of any wind or solar easement, wind or solar lease, or easement for essential services shall accommodate the reasonable development of another holder of any wind or solar easement, wind or solar lease, […]
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 […]
43-13-20.2. Development of potential to produce energy from wind power or solar power. For purposes of §§43-13-17 to 43-13-20.5, inclusive, development of the potential to produce energy from wind power associated with the wind easement or wind lease occurs when the foundation is poured for the first wind turbine to be installed on any property […]
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 […]
43-13-20.4. Waiting period for execution of wind or solar easement or lease. No wind or solar easement or wind or solar lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner. Source: SL 2010, ch 213, §6; SL […]
43-13-20.5. Confidentiality agreements. No wind or solar developer may require a property owner to maintain the confidentiality of any negotiations or terms of any proposed easement or lease except that the parties may agree to a mutual confidentiality agreement in the final executed wind or solar easement, wind or solar lease, or a separate document. […]
43-13-21. Small wind energy system defined. For the purposes of §§43-13-22 to 43-13-24, inclusive, the term, small wind energy system, means any system of one or more wind turbines where the height of each wind turbine tower is less than seventy-five feet. Source: SL 2009, ch 221, §1.
43-13-22. Large wind energy system defined. For the purposes of §§43-13-21 to 43-13-24, inclusive, the term, large wind energy system, means any system of one or more wind turbines not included in the definition of a small wind energy system. Source: SL 2009, ch 221, §2.
43-13-23. Small wind energy system set back requirement–Exception. Each wind turbine tower of a small wind energy system shall be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing […]
