ND SB2261

Amends North Dakota law to clarify that liens for wind turbines and associated facilities generating over one-half megawatt attach only to the improvement (leasehold) and not to the underlying land.

Requires recorded liens for wind turbines or electric energy conversion facilities to include a statement in at least 16-point type specifying that the lien attaches only to the leasehold and does not encumber the real property or freehold estate.

Specifies that the required statement applies only when the owner of the freehold estate does not also own the leasehold for the wind turbine facility.

Provides that failure to include the required statement does not invalidate a lien on the leasehold or electric energy conversion facility.

Passed by the Senate 44-2 and the House 92-0 during the 2023 regular session.