South Dakota § 43-13-27 - Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse.
Full text of South Dakota South Dakota Codified Laws § 43-13-27 — Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse., with citation guidance and answers to common questions.
§ 43-13-27. Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse.
(1) A property owner may grant a carbon pipeline easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement must be created in writing, and the easement or a memorandum thereof must be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted.
(2) Any carbon pipeline easement runs with the land benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed ninety-nine years.
(3) Any carbon pipeline easement is void if the operator does not initiate business operations within five years after the recording date of the easement.
(4) If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each carbon pipeline easement agreement must include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.
(5) Any carbon pipeline easement shall expire after five years of nonuse at any time after the issuance of a permit by the Public Utilities Commission.
Source: SL 2024, ch 179, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-13-27
What does South Dakota Codified Laws § 43-13-27 cover?
Section 43-13-27 ("Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-13-27?
A common citation format is "South Dakota Codified Laws § 43-13-27" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-13-27 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.