Coalition for Rural Property Rights
These items will not be in every company’s contract [1], but they are commonly found in most.
- There will be a non-exclusive easement covering your entire property, not just the footprint of the turbine and the access road.
- They can install, construct, remove, relocate, replace, use, maintain, and operate roads, bridges, culverts, staging and laydown areas as they see fit.
- They can construct a battery storage system. Contracts do not specify how big this is or that there is any additional payment for this.
- Quarterly operating payments shall no longer be due and payable if wind generation operations cease.
- They have the right to erect met towers (meteorological testing towers) and share with you the liability of having that tower. (check with your insurance company)
- Crop damage will be paid 60 days after the project is operational, which could be a 2-year construction project.
- Road payments will be paid 30 days after completion of the project.
- They have the right to remove crops when deemed necessary for repairs. You have 7 days to remove the crop.
- They will likely use a tracked crane to cross your farm with weights of 7-8,000 lbs per sq/ft.
- The wind company has the right to select the location for the generator, the transmission facilities, service roads, and associated buildings.
- The wind company has the right to emit or cause the emission of noise, vibration, air turbulence, wake, and electromagnetic and frequency interference. They have the right to permit wind turbulence, to overhang, cast shadows, or cause flicker onto the property and/or impact land owners’ views of and from the property.
- Nothing in the lease shall be construed as requiring the wind company to construct or operate a wind farm or any other business or use on the property or to commence or continue the operation of a wind farm or any portion thereof if it is so constructed.
- The landowner waives any property line setbacks if it is deemed legal for them to do so.
- No grain storage taller than 80 feet will be allowed to be constructed on the property.
- Damaged drainage tile will be repaired after a written request. No time frame is mentioned.
- Hunting notice must be given 10 business days prior. The wind company has the right to refuse if they feel such hunting will endanger the safety and wellbeing of employees.
- The landowner shall maintain in the strictest confidence, for the sole benefit of the wind company, all information pertaining to the terms and conditions of this lease.
- The wind company shall not be liable for losses of rent, business opportunities, profits or any other consequential damages that may result from the conduct of the wind company’s activities on the property.
- If the wind company becomes ineligible for any tax credits, the wind company may replace the lease with a different lease that makes the company eligible for tax credits.
- The landowner has no right to terminate or evict the wind company from the property in the event of a default of the lease.
- The wind company may terminate the lease at any time with a 3-month written notice.
- Attorney fees will be paid by the losing party of any litigation undertaken in connection to the lease.
- Each party waives its respective right to a jury trial with respect to any litigation arising under or in connection with the lease.
URL to article: https://www.wind-watch.org/alerts/2017/04/19/things-commonly-found-in-a-wind-contract/
URLs in this post:
[1] contract: https://www.wind-watch.org/documents/category/contracts/?titles=on
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