Solar and Wind Access

Oklahoma enacted S.B. 1787 in 2010, which states that access to the airspace is tied to the ownership of the land and any wind or solar leasing arrangements associated with the airspace must be made with the landowner that owns the land below the air: “No interest in any resource located on a tract of land and solely associated with the production or potential production of wind or solar-generated energy on the tract of land may be severed from the surface estate except that such rights may be leased for a definite term pursuant to the provisions of this act,” (60 O.S. § 820.1(F)). However, the statute does not apply to any property owner utilizing wind or solar energy conversion systems for domestic use only.