Title 17, Energy

1. A wind option agreement is a contract in which the owner of property gives another the right to produce energy from wind power on that property at a fixed price within a time period not to exceed five years on agreed terms. 2. A wind option agreement is void and terminates if …

For purposes of sections 17-04-03 and 17-04-04, the term wind easement means a right, whether stated in the form of a restriction, easement, covenant, or condition, in a deed, will, or other instrument executed by or on behalf of an owner of land or airspace for the purpose of en…

1. A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property. 2. The easement runs with the land benefited and burdened and terminates upon the conditions stated in the easement, however: a. The easeme…

Except for a wind easement created under section 17-04-03 and as otherwise provided in this section, an interest in a resource located on a tract of land and associated with the production of energy for wind power on the tract of land may not be severed from the surface estate. H…

1. A lease for wind energy purposes is void and terminates if the following have not occurred with respect to the property that is the subject of the lease within five years after the lease commences: a. A certificate of site compatibility or conditional use permit has been issue…

1. In a wind easement and a wind energy lease, the easement and lease: a. Must be delivered to the property owner with a cover page containing the following paragraph with the correct term of years in the blank and in at least sixteen-point type: Special message to property owner…

For any wind turbine and associated facilities that are part of an electric energy conversion facility designed for or capable of generation by wind energy conversion exceeding one-half megawatt of electricity and for which a lien is provided under chapter 35-27, the lien is upon…