South Dakota Incentives/Policies for Renewables & Efficiency |
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Last DSIRE Review: 01/11/2013
Program Overview:
| State: |
South Dakota |
| Incentive Type: |
Solar/Wind Access Policy |
| Eligible Renewable/Other Technologies: |
Wind |
| Applicable Sectors: |
Residential, Nonprofit, Schools, Local Government, State Government, Tribal Government, Fed. Government, Agricultural, Institutional |
Authority 1:
Date Enacted:
Date Effective:
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S.D. Codified Laws ยง 43-13-16, et seq.
1996 (subsequently amended)
1996
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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.
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.
While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.
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