70-17-404. Severance of wind energy rights limited.
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/mt/title-70/chapter-17/part-4/70-17-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
70-17-404 . Severance of wind energy rights limited.
(1)A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pursuant to this part.
(2)Nothing in this section may be construed to prohibit or limit the right of a seller of the real property to retain any payments associated with an existing wind option agreement or wind energy agreement.