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Wind Easements

Eligibility 
Local Government
Nonprofit
Residential
Schools
State Government
Federal Government
Tribal Government
Agricultural
Institutional
Savings Category 
Wind (All)
Wind (Small)
Program Info
Sector Name 
State
State 
South Dakota
Program Type 
Solar/Wind Access Policy
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.