As adjacent landowners to a proposed wind turbine site, we have been given a 13-page good neighbor contract that is titled “Wind Farm Neighbor Easement And Setback Waiver Agreement” that is intended to serve as an incentive to be cooperative with the Seneca Wind farm project. If we sign it, we get a whopping $500 signing bonus and $500 per year, but we have to waive our right to file a claim for damages related to any of the stated “effects,” which in the contract is worded as an “effect easement.” If we sign the contract, we also agree to a “setback easement” which states that the turbine can be located anywhere on the adjacent property, even closer than what the current state setback rule specifies.
The contract also includes a confidentiality clause where we cannot disclose the terms of the agreement to anyone. What is there to hide?
The defined “effects” using Seneca Wind’s own terms include “audio, visual, view, light, shadow flicker, vibration, air turbulence, wake, electromagnetic, ice, or other weather created hazards or other effects of any kind whatsoever resulting directly or indirectly from the operation of the Wind Farm. …” This sure seems like a self-admission that these negative side effects do in fact exist.
This proposed contract is troublesome and we have filed a complaint with Ohio Power Siting Board, Gov. John Kasich and the Seneca County commissioners. I urge everyone to contact their public officials to help defend our rights.
Greg and Janeen Smith,