South Dakota Solar and Wind Easement Law

Any South Dakota property owner may grant a solar* or 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. 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. An easement must include the following information:

• The names and addresses of the parties;
• A legal description of the real property involved;
• 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;
• 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.
• Description of any restrictions placed on the property for essential services.

*Solar easements were added by H.B. 1012 (2017).