2011 South Dakota Code
Title 43 PROPERTY
Chapter 13. Easements And Servitudes
§43-13-20.1 Extension of development period--Filing of affidavit.
43-13-20.1. Extension of development period--Filing of affidavit. The five-year development period specified in §§ 43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years for any wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:
(1) State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and
(2) Describe the geographic area covered by the project.
The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.
The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement.
Source: SL 2010, ch 213, § 3.
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