Wind Easements

North Dakota allows property owners to grant an easement that ensures adequate exposure of a wind energy system to wind. The easement runs with the land benefited and burdened, and terminates upon the conditions stated in the easement. Easements are presumed to be abandoned if construction or operation has not begun within 36 months. The statute includes a process and timeline for termination of the easement in this event.

The statutes authorizing the creation of wind easements include several provisions to protect property owners. For example, a wind easement may not make the property owner liable for any property tax associated with the wind energy system or other equipment related to wind energy generation. In addition, the owner of the wind energy system must carry general liability insurance for damage or injury arising from the construction or operation of the wind energy facility project site.

North Dakota also provides guidelines for wind option agreements (contracts in which the owner of a property gives another the right to produce energy from wind power on that property at a fixed price within a time period of up to five years) and wind leases.