TITLE 70. PROPERTY

CHAPTER 17. SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND

Part 4. Wind Energy Easements

Severance Of Wind Energy Rights Limited

70-17-404. Severance of wind energy rights limited. (1) A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pursuant to this part.

(2) Nothing in this section may be construed to prohibit or limit the right of a seller of the real property to retain any payments associated with an existing wind option agreement or wind energy agreement.

History: En. Sec. 4, Ch. 249, L. 2011.