Senate File 1534 extends the effective date to June 1, 2017, for a 2008 law that will eliminate a seven-year “use-it-or-lose-it” provision on wind easements.  Under the current law, a wind easement terminates if the easement holder does not begin commercial operations within seven years.  The original 2008 law removing this requirement was to be effective on June 1, 2010.  The 2010 Legislature extended the effective date to June 1, 2012.

The 2008 law change reads:

  “Sec. 25. Minnesota Statutes 2007 Supplement, section 500.30, subdivision 2, is amended to read:
    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 constitute a perpetual easement, except that an easement may terminate upon the conditions stated therein or pursuant to the provisions of section 500.20. A wind easement, easement to install wind turbines on real property, option, or lease of wind rights shall also terminate after seven years from the date the easement is created or lease is entered into, if a wind energy project on the property to which the easement or lease applies does not begin commercial operation within the seven-year period.
EFFECTIVE DATE. This section is effective June 1, 2010.”

The 2010 law change reads:

  Sec. 33. Laws 2008, chapter 296, article 1, section 25, the effective date, is amended to 
read:
EFFECTIVE DATE. This section is effective June 1, 2010 2012.
EFFECTIVE DATE. This section is effective the day following final enactment.