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Element Power wind turbine lease of land agreement  

Author:  | Contracts, Property values, Wisconsin

A lease that is being used by Element Wind to get land for a 200 mw wind farm (Tisch Mills) is the worst we have ever seen.

Element Power can terminate the operation contract at any time with 30 days written notice, take 1-1/2 years to remove the tower where the landowner gets paid squat and if they don’t “get around to removing the tower” the landowner “may” remove it at the landowner’s expense (there goes all of the profit) and try to get reimbursed back from Element Power. What a great deal – I wish I could get away with that type of one-sided agreement. The side-bar that states that all written agreement in the development stage are “subject to change” when it goes into operation is also quite amusing.

Wind companies fought tooth and nail to get the state to make state wide standards which they are doing right now and this lease basically asks the landowner to waive state standards. The standards are supposed to be for health and safety, the ones being developed right now, this contract says you’ll give up your right to that protection.

By page 3 the landowner has signed on for 60 years, agreed to host turbines and facilities, and agreed to let his neighbor site a turbine an inch from his property line for no additional compensation and no right to complain.

[comments from Windcows]

This article is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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