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Apex’s lease restricts landowners
Credit: PUBLIC FORUM: Apex’s lease restricts landowners | Daily News | June 25, 2022 | www.thedailynews.cc ~~
When I spoke during public comment at the June 13 Maple Valley Township Board meeting, I stated should Apex Clean Energy build their wind turbines, signed landowners won’t even be able to plant a tree on their own property unless Apex approves.
This is not the first time I have made that statement during a township meeting. Hearing this, many pro-wind supporters have reacted in disbelief with scoffs and laughter. Their response shows it is likely many signers have not read their lease agreements.
Here is one portion of the lease that gives Apex the right to dictate what signers can and cannot do on their own land: “Section 5.1 No Interference (d) Without limiting the generality of the foregoing, neither Landowner nor any Related Person of Landowner shall: (i) interfere with or impair (A) the unobstructed and natural availability, flow, frequency, speed or direction of air or wind over and across the Property (whether by planting trees, constructing buildings or other structures, or otherwise)”
Maybe it is time for lease signers to take a closer look at the many rights they have surrendered to Apex. Will the content they read match up with what they have been told? Some leased property owners might be surprised.
Kay Scott
Sidney Township
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