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§ 43-13-18 Contents of wind or solar easement instruments.

SD Codified L § 43-13-18 (2019) (N/A)
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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, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or sun is prohibited or limited;

(3) Any terms or conditions under which the easement is granted or may be terminated;

(4) 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

(5) Any other provision necessary or desirable to execute the instrument.Source: SL 1996, ch 260, § 3; SL 2017, ch 188, § 3.

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§ 43-13-17 Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances--Encumbrances.
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