ND HB1181

Wind option agreements become void and terminate if a certificate of site compatibility or conditional use permit and an active transmission interconnection request are not obtained within five years after the agreement commences.

Energy rights owners may terminate void wind option agreements by providing certified notice to the property owner and filing the notice with the county recorder; termination is effective five years after the agreement commenced.

Wind easements are presumed abandoned if 36 consecutive months pass without construction or operation of the wind farm facility, and the energy rights owner may terminate the easement with a 60-day written notice unless the easement owner files a written objection.

Wind energy leases are void if site compatibility certification or conditional use permit and an active transmission interconnection request are not obtained within five years after the lease commences.

Wind leases are presumed abandoned after 36 consecutive months of no construction or operation, and energy rights owners may terminate with a 60-day notice unless the leaseholder files a written objection within that period.