Earth Equity News

Wyoming Debates Whether 'Wind Rights,' Like Mineral Rights, Can Be Separated From Land Ownership. By Matt Joyce, AP, October 4, 2009. "As developers pursue the construction of wind farms in Wyoming, some questions linger about the nature of wind rights and how they relate to land ownership. Wyoming lawyers generally agree that whoever owns the surface of the land also owns the rights to develop wind resources. But the Wyoming Legislature has not addressed whether landowners can sever wind resources from their property, as state law allows for mineral resources... Federal law doesn't address whether wind rights can be severed from surface estate. Some nearby states, including South Dakota, North Dakota and Nebraska, have enacted laws tying wind resources to the surface estate. Nebraska passed its law this year, while North Dakota addressed the issue in 2007 and South Dakota in 1996. When wind rights are severed, it can be burdensome to the landowner, said Steve Wegman, executive director of the South Dakota Wind Energy Association. 'If you sever the wind rights, you really have no control over the surface of the land,' he said. 'It'd be like me coming over to your house and building a cell tower or radio tower, and I take my annual payment for that tower and I move to Florida, and you're stuck with that as long as you own that property.'"