reglab/housing_qa huggingface dataset:
SD Codified L § 43-13-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-2 - Easements--Definition--Classification.

43-13-2. Easements--Definition--Classification.The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:(1)The right of pasturage;(2)The right of fishing;(3)The right of taking game;(4)The right of way;(5)The right of taking water, wood, minerals, and other things;(6)The right of transacting business upon land;(7)The right of conducting lawful sports upon land;(8)The right of receiving air, light, or heat from or over, or discharging the same upon or over land;(9)The right of receiving water from or discharging the same upon land;(10)The right of flooding land;(11)The right of having water flow without diminution or disturbance of any kind;(12)The right of using a wall as a party wall;(13)The right of receiving more than natural support from adjacent land or things affixed thereto;(14)The right of having the whole of a division fence maintained by a coterminous owner;(15)The right of having public conveyances stopped, or of stopping the same on land;(16)The right of burial;(17)The right of preserving land areas for public recreation, education, or scenic enjoyment;(18)The right of preserving historically important land area or structures;(19)The right of preserving natural environmental systems. Source: CivC 1877, §244; CL 1887, §2760; RCivC 1903, §267; RC 1919, §337; SDC 1939, §51.0601; SL 1982, ch 296.
SD Codified L § 43-13-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-3 - Definition of terms--Dominant tenement--Servient tenement.

43-13-3. Definition of terms--Dominant tenement--Servient tenement.The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. Source: CivC 1877, §246; CL 1887, §2762; RCivC 1903, §269; RC 1919, §339; SDC 1939, §51.0603.
SD Codified L § 43-13-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-4 - Creation of servitude--Vested estate in servient tenement necessary.

43-13-4. Creation of servitude--Vested estate in servient tenement necessary.A servitude can be created only by one who has a vested estate in the servient tenement. Source: CivC 1877, §247; CL 1887, §2763; RCivC 1903, §270; RC 1919, §340; SDC 1939, §51.0604.
SD Codified L § 43-13-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-5 - Extent of servitude--Determination.

43-13-5. Extent of servitude--Determination.The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired. Source: CivC 1877, §249; CL 1887, §2765; RCivC 1903, §272; RC 1919, §342; SDC 1939, §51.0604.
SD Codified L § 43-13-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-6 - Owner of servient tenement cannot hold servitude--Extinguishment of servitude.

43-13-6. Owner of servient tenement cannot hold servitude--Extinguishment of servitude.A servitude thereon cannot be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person. Source: CivC 1877, §§248, 254, subdiv 1; CL 1887, §§2764, 2770, subdiv 1; RCivC 1903, §§271, 277, subdiv 1; RC 1919, §§341, 347 (1); SDC 1939, §§51.0604, 51.0609 (1).
SD Codified L § 43-13-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-7 - Effect of partition of dominant tenement--Apportionment of burden--Limitation.

43-13-7. Effect of partition of dominant tenement--Apportionment of burden--Limitation.In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. Source: CivC 1877, §250; CL 1887, §2766; RCivC 1903, §273; RC 1919, §343; SDC 1939, §51.0605.
SD Codified L § 43-13-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-8 - Use of easements by owner of future estate in dominant tenement.

43-13-8. Use of easements by owner of future estate in dominant tenement.The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant. Source: CivC 1877, §251; CL 1887, §2767; RCivC 1903, §274; RC 1919, §344; SDC 1939, §51.0606.
SD Codified L § 43-13-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-9 - Owner or occupant of dominant tenement--Right to enforce easement.

43-13-9. Owner or occupant of dominant tenement--Right to enforce easement.The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. Source: CivC 1877, §252; CL 1887, §2768; RCivC 1903, §275; RC 1919, §345; SDC 1939, §51.0607.
SD Codified L § 43-13-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-10 - Owner in fee of servient tenement--Action for possession of land--Public servitude.

43-13-10. Owner in fee of servient tenement--Action for possession of land--Public servitude.The owner in fee of a servient tenement may maintain an action for the possession of the land, against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public. Source: CivC 1877, §253; CL 1887, §2769; RCivC 1903, §276; RC 1919, §346; SDC 1939, §51.0608.
SD Codified L § 43-13-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-11 - Destruction of servient tenement extinguishes servitude.

43-13-11. Destruction of servient tenement extinguishes servitude.A servitude is extinguished by the destruction of the servient tenement. Source: CivC 1877, §254, subdiv 2; CL 1887, §2770, subdiv 2; RCivC 1903, §277, subdiv 2; RC 1919, §347 (2); SDC 1939, §51.0609 (2).
SD Codified L § 43-13-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-12 - Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.

43-13-12. Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise. Source: CivC 1877, §254, subdiv 3; CL 1887, §2770, subdiv 3; RCivC 1903, §277, subdiv 3; RC 1919, §347 (3); SDC 1939, §51.0609 (3).
SD Codified L § 43-13-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-13 - Servitude acquired by enjoyment extinguished by disuse for prescribed period.

43-13-13. Servitude acquired by enjoyment extinguished by disuse for prescribed period.A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. Source: CivC 1877, §254, subdiv 4; CL 1887, §2770, subdiv 4; RCivC 1903, §277, subdiv 4; RC 1919, §347 (4); SDC 1939, §51.0609 (4).
SD Codified L § 43-13-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-16 - Wind easement defined.

43-13-16. Wind easement defined.For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, wind easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, 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, or an agreement to refrain from developing a wind power system. Source: SL 1996, ch 260, §1; SL 2010, ch 213, §1.
SD Codified L § 43-13-16.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-16.1 - Solar easement defined.

43-13-16.1. Solar easement defined.For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, solar easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, 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 photovoltaic solar power system to the sun, or an agreement to refrain from developing a photovoltaic solar power system. Source: SL 2017, ch 188, §1.
SD Codified L § 43-13-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-17 - Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances--Encumbrances.

43-13-17. Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances.Any property owner may grant a wind or solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any such easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any such easement is void if no development of the potential to produce energy from wind power or solar power associated with the easement has occurred within five years after the effective date of the easement. Any payments associated with the granting or continuance of any such easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each wind or solar easement agreement shall include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement. Source: SL 1996, ch 260, §2; SL 2003, ch 227, §1; SL 2009, ch 222, §1; SL 2010, ch 213, §2; SL 2017, ch 188, §2.
SD Codified L § 43-13-18 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-18 - Contents of wind or solar easement instruments.

43-13-18. Contents of wind or solar easement instruments.Any deed, will, or other instrument that creates a wind or solar easement shall include:(1)A description of the real property subject to the easement and a description of the real property benefiting from the wind or solar easement;(2)A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or sun is prohibited or limited;(3)Any terms or conditions under which the easement is granted or may be terminated;(4)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; and(5)Any other provision necessary or desirable to execute the instrument. Source: SL 1996, ch 260, §3; SL 2017, ch 188, §3.
SD Codified L § 43-13-19 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-19 - Severance of wind or solar energy rights limited.

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.
SD Codified L § 43-13-20 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20 - Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.

43-13-20. Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.The holder of any wind or solar easement, wind or solar lease, or easement for essential services shall accommodate the reasonable development of another holder of any wind or solar easement, wind or solar lease, or easement for essential services except for competing developers of wind or solar energy projects. For purposes of this section, the term, essential services, includes any electric transmission and distribution lines and associated facilities, telecommunications facilities, and rural water systems. Source: SL 2009, ch 223, §1; SL 2017, ch 188, §5.
SD Codified L § 43-13-20.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20.1 - Extension of wind development period--Filing of affidavit.

43-13-20.1. Extension of wind development period--Filing of affidavit.The five-year development period specified in §§43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years only for a wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:(1)State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and(2)Describe the geographic area covered by the project.The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement. Source: SL 2010, ch 213, §3; SL 2017, ch 188, §6.
SD Codified L § 43-13-20.2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20.2 - Development of potential to produce energy from wind power or solar power.

43-13-20.2. Development of potential to produce energy from wind power or solar power.For purposes of §§43-13-17 to 43-13-20.5, inclusive, development of the potential to produce energy from wind power associated with the wind easement or wind lease occurs when the foundation is poured for the first wind turbine to be installed on any property that is part of any one wind energy project, on any property that is part of any single construction stage of a wind energy project, or on any property that is described in the notice required by §49-41B-25.1. Development of the potential to produce energy from solar power associated with the solar easement or solar lease occurs when the mounting system is installed for the first photovoltaic panel on any property that is part of any one solar energy project or on any property that is part of any single construction stage of a solar energy project. Source: SL 2010, ch 213, §4; SL 2017, ch 188, §7.
SD Codified L § 43-13-20.3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20.3 - Additional contents of wind or solar easement documents.

43-13-20.3. Additional contents of wind or solar easement documents.In addition to any other requirements of law, the filing required pursuant to §43-13-17 shall include:(1)The names and addresses of the parties;(2)A legal description of the real property involved;(3)Description of property rights conveyed;(4)Term of the wind or solar easement;(5)Description of any restrictions placed on the property for essential services as defined in §43-13-20; and(6)In the case of a third party acquisition, the name and address of the party for which the wind or solar easement is acquired.This information shall be contained in a separately filed and recorded document. Nothing in this section prohibits the filing of additional documents between the parties. Source: SL 2010, ch 213, §5; SL 2017, ch 188, §8.
SD Codified L § 43-13-20.4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20.4 - Waiting period for execution of wind or solar easement or lease.

43-13-20.4. Waiting period for execution of wind or solar easement or lease.No wind or solar easement or wind or solar lease may be executed by the parties until at least ten business days after the first proposed easement or lease has been delivered to the property owner. Source: SL 2010, ch 213, §6; SL 2017, ch 188, §9.
SD Codified L § 43-13-20.5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-20.5 - Confidentiality agreements.

43-13-20.5. Confidentiality agreements.No wind or solar developer may require a property owner to maintain the confidentiality of any negotiations or terms of any proposed easement or lease except that the parties may agree to a mutual confidentiality agreement in the final executed wind or solar easement, wind or solar lease, or a separate document. Any disclosure of trade secrets or competitive business plans of the developer may be subject to the confidentiality agreement whether occurring before or after execution of the wind or solar easement or wind or solar lease. Source: SL 2010, ch 213, §7; SL 2017, ch 188, §10.
SD Codified L § 43-13-21 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-21 - Small wind energy system defined.

43-13-21. Small wind energy system defined.For the purposes of §§43-13-22 to 43-13-24, inclusive, the term, small wind energy system, means any system of one or more wind turbines where the height of each wind turbine tower is less than seventy-five feet. Source: SL 2009, ch 221, §1.
SD Codified L § 43-13-22 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-22 - Large wind energy system defined.

43-13-22. Large wind energy system defined.For the purposes of §§43-13-21 to 43-13-24, inclusive, the term, large wind energy system, means any system of one or more wind turbines not included in the definition of a small wind energy system. Source: SL 2009, ch 221, §2.
SD Codified L § 43-13-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-23 - Small wind energy system set back requirement--Exception .

43-13-23. Small wind energy system set back requirement--Exception.Each wind turbine tower of a small wind energy system shall be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner. Source: SL 2009, ch 221, §3.
SD Codified L § 43-13-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-24 - Large wind energy system set back requirement--Exception.

43-13-24. Large wind energy system set back requirement--Exception.Each wind turbine tower of a large wind energy system shall be set back at least five hundred feet or 1.1 times the height of the tower, whichever distance is greater, from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner. Source: SL 2009, ch 221, §4.
SD Codified L § 43-13-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-25 - Enforcement of farm tap easements.

43-13-25. Enforcement of farm tap easements.A farm tap easement is an easement for the location, construction, operation or maintenance of a pipeline which includes, as part of the consideration for the easement, the provision of natural gas to and for the use of the grantor through a direct connection to the pipeline. In any court action seeking enforcement of a farm tap easement, a prevailing grantor or successor to a grantor of a farm tap easement may receive specific performance as a portion of the remedy from the farm tap easement grantee or its successor. Source: SL 2017, ch 197, §2.
SD Codified L § 43-14-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 14 - Rights Of Occupants And Settlers|Section 43-14-1 - Occupancy conferring title--Exceptions.

43-14-1. Occupancy conferring title--Exceptions.Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession. Source: CivC 1877, §581; CL 1887, §3204; RCivC 1903, §897; RC 1919, §495; SDC 1939, §51.1101.
SD Codified L § 43-14-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 14 - Rights Of Occupants And Settlers|Section 43-14-2 - Title by prescription--Occupancy for period prescribed by law.

43-14-2. Title by prescription--Occupancy for period prescribed by law.Occupancy for the period prescribed by any law of this state as sufficient to bar an action for the recovery of property, confers a title thereto denominated a title by prescription, which is sufficient against all. Source: CivC 1877, §582; CL 1887, §3205; RCivC 1903, §898; RC 1919, §496; SDC 1939, §51.1102.
SD Codified L § 43-14-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 14 - Rights Of Occupants And Settlers|Section 43-14-3 - Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land.

43-14-3. Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land.Any person settled upon the public lands belonging to the United States on which settlement is not expressly prohibited by Congress or some department of the general government may maintain an action for any injuries done the same, also an action to recover the possession thereof in the same manner as if he possessed a fee simple title to said land. Source: CCivP 1877, §650; CL 1887, §5464; RCCivP 1903, §690; RC 1919, §2868; SDC 1939 & Supp 1960, §37.1502.