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2017 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 13 - Easements And Servitudes
- § 43-13-1 Granting and holding of servitudes not attached to land.
- § 43-13-2 Easements--Definition--Classification.
- § 43-13-3 Definition of terms--Dominant tenement--Servient tenement.
- § 43-13-4 Creation of servitude--Vested estate in servient tenement necessary.
- § 43-13-5 Extent of servitude--Determination.
- § 43-13-6 Owner of servient tenement cannot hold servitude--Extinguishment of servitude.
- § 43-13-7 Effect of partition of dominant tenement--Apportionment of burden--Limitation.
- § 43-13-8 Use of easements by owner of future estate in dominant tenement.
- § 43-13-9 Owner or occupant of dominant tenement--Right to enforce easement.
- § 43-13-10 Owner in fee of servient tenement--Action for possession of land--Public servitude.
- § 43-13-11 Destruction of servient tenement extinguishes servitude.
- § 43-13-12 Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
- § 43-13-13 Servitude acquired by enjoyment extinguished by disuse for prescribed period.
- § 43-13-14 , 43-13-15. Repealed .
- § 43-13-16 Wind easement defined.
- § 43-13-16.1 Solar easement defined.
- § 43-13-17 Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances--Encumbrances.
- § 43-13-18 Contents of wind or solar easement instruments.
- § 43-13-19 Severance of wind or solar energy rights limited.
- § 43-13-20 Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.
- § 43-13-20.1 Extension of wind development period--Filing of affidavit.
- § 43-13-20.2 Development of potential to produce energy from wind power or solar power.
- § 43-13-20.3 Additional contents of wind or solar easement documents.
- § 43-13-20.4 Waiting period for execution of wind or solar easement or lease.
- § 43-13-20.5 Confidentiality agreements.
- § 43-13-21 Small wind energy system defined.
- § 43-13-22 Large wind energy system defined.
- § 43-13-23 Small wind energy system set back requirement--Exception .
- § 43-13-24 Large wind energy system set back requirement--Exception.
- § 43-13-25 Enforcement of farm tap easements.
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