HF 3879

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; regulating certain property rights related to wind energy;
amending Minnesota Statutes 2007 Supplement, section 500.30, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 500.30, subdivision 2, is
amended to read:

Subd. 2.

Like any conveyance.

Any property owner may grant a solar or wind
easement in the same manner and with the same effect as a conveyance of an interest in
real property. The easements shall be created in writing and shall be filed, duly recorded,
and indexed in the office of the recorder of the county in which the easement is granted.
No duly recorded easement shall be unenforceable on account of lack of privity of estate
or privity of contract; such easements shall run with the land or lands benefited and
burdened and shall constitute a perpetual easement, except that an easement may terminate
upon the conditions stated therein or pursuant to the provisions of section 500.20. deleted text begin A wind
easement, easement to install wind turbines on real property, option, or lease of wind
rights shall also terminate after seven years from the date the easement is created or lease
is entered into, if a wind energy project on the property to which the easement or lease
applies does not begin commercial operation within the seven-year period.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end