In addition to any other requirements of law, the filing required pursuant to § 43-13-17 shall include:

(1) The names and addresses of the parties;

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Terms Used In South Dakota Codified Laws 43-13-20.3

  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) A legal description of the real property involved;

(3) Description of property rights conveyed;

(4) Term of the wind or solar easement;

(5) Description of any restrictions placed on the property for essential services as defined in § 43-13-20; and

(6) In the case of a third party acquisition, the name and address of the party for which the wind or solar easement is acquired.

This information shall be contained in a separately filed and recorded document. Nothing in this section prohibits the filing of additional documents between the parties.

Source: SL 2010, ch 213, § 5; SL 2017, ch 188, § 8.