The commissioner of school and public lands may grant to any person a wind easement, as defined in § 43-13-16, or a solar easement, as defined in § 43-13-16.1. The commissioner of school and public lands may also provide for wind leases and solar leases.
The grant of an easement or a lease under this section is subject to the terms and conditions set forth in §§ 43-13-17 to 43-13-24, inclusive, together with any terms and conditions that are customary and proper for the protection of the state, including the right to enter upon land, construct roads, and erect structures, transmission lines, common carrier lines, and other necessary improvements.
The provisions of chapter 49-7 do not apply to easements and leases authorized by this section.
SDCL 5-4-5.2