Current through the 2023 Regular Session
Section 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.En. Sec. 4, Ch. 249, L. 2011.