43-13-19. Severance of wind or solar energy rights limited.

No interest in any resource located on a tract of land and associated with the production or potential production of energy from wind or solar power on the tract of land may be severed from the surface estate as defined in § 45-5A-3, except that such rights may be leased for a period not to exceed fifty years. Any such lease is void if no development of the potential to produce energy from wind or solar power has occurred on the land within five years after the lease began. The payment of the lease shall be on an annual basis.

Source: SL 1996, ch 260, § 4; SL 2017, ch 188, § 4.