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Wind Easements

Eligibility 
Agricultural
Fed. Government
Institutional
Local Government
Nonprofit
Residential
Schools
State Government
Tribal Government
Program Info
State 
North Dakota
Program Type 
Solar/Wind Access Policy

North Dakota allows property owners to grant an easement that ensures adequate exposure of a wind-energy system to the wind. The easement runs with the land benefited and burdened, and terminates upon the conditions stated in the easement. The statutes authorizing the creation of wind easements include several provisions to protect property owners. For example, a wind easement may not make the property owner liable for any property tax associated with the wind-energy system or other equipment related to wind-energy generation. In addition, the owner of the wind-energy system must carry general liability insurance for damage or injury arising from the construction or operation of the wind-energy facility project site.