SF 2221

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

A bill for an act
relating to real property; regulating interests related to wind energy developments;
amending Minnesota Statutes 2006, section 500.30.

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

Section 1.

Minnesota Statutes 2006, section 500.30, is amended to read:

500.30 SOLAR OR WIND EASEMENTS.

Subdivision 1.

deleted text begin Solar easement deleted text end new text begin Definitions new text end .

new text begin (a) new text end "Solar easement" means a right,
whether or not stated in the form of a restriction, easement, covenant, or condition, in
any deed, will, or other instrument executed by or on behalf of any owner of land or
solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as
defined in section 216C.06, subdivision 17, to solar energy.

deleted text begin Subd. 1a. deleted text end

deleted text begin Wind easement. deleted text end

new text begin (b) new text end "Wind easement" means a right, whether or not
stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or
other instrument executed by or on behalf of any owner of land or air space for the purpose
of ensuring adequate exposure of a wind power system to the winds.

new text begin (c) "Wind agreement" means an easement, lease, option, or other agreement, or
any combination thereof, that creates an interest in a tract of land to develop, construct,
or operate a wind power system.
new text end

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 deleted text begin constitute a perpetual easement, except that an easement may deleted text end terminate
upon the conditions stated therein or pursuant to the provisions of section 500.20.

Subd. 3.

Required contents.

Any deed, will, or other instrument that creates a solar
or wind easement shall include, but the contents are not limited to:

(a) a description of the real property subject to the easement and a description of the
real property benefiting from the solar or wind easement; and

(b) for solar easements, a description of the vertical and horizontal angles, expressed
in degrees and measured from the site of the solar energy system, at which the solar
easement extends over the real property subject to the easement, or any other description
which defines the three dimensional space, or the place and times of day in which an
obstruction to direct sunlight is prohibited or limited;

(c) a description of the vertical and horizontal angles, expressed in degrees, and
distances from the site of the wind power system in which an obstruction to the winds
is prohibited or limited;

(d) any terms or conditions under which the easement is granted or may be
terminated;

(e) any provisions for compensation of the owner of the real property benefiting
from the easement in the event of interference with the enjoyment of the easement, or
compensation of the owner of the real property subject to the easement for maintaining
the easement;

(f) any other provisions necessary or desirable to execute the instrument.

new text begin Subd. 4. new text end

new text begin Development required. new text end

new text begin A wind agreement on a property shall terminate
five years after the date the wind agreement is entered into if a wind energy project on the
property to which the wind agreement applies does not begin commercial operation within
five years of the date the wind agreement is entered into.
new text end

new text begin Subd. 5. new text end

new text begin Term limited. new text end

new text begin The term of any wind agreement shall not exceed 50 years.
new text end

new text begin Subd. 6. new text end

new text begin Severance of wind energy rights limited. new text end

new text begin An interest in a wind resource
created by a wind agreement on a tract of land may not be severed from the surface estate.
new text end

Subd. deleted text begin 4 deleted text end new text begin 7 new text end .

Enforcement.

A solar or wind easement may be enforced by injunction
or proceedings in equity or other civil action.

Subd. deleted text begin 5 deleted text end new text begin 8 new text end .

Depreciation, not appreciation counted for taxes.

Any depreciation
caused by any solar or wind easement which is imposed upon designated property, but
not any appreciation caused by any easement which benefits designated property, shall be
included in the net tax capacity of the property for property tax purposes.