wind turbine contracts are bogus to steal your land a lawyer who defends land owners in nys

by Ricardo Marks 4 min read

What should landowners know about wind energy contracts?

The backbone of any wind farm is the wind energy agreement. Every landowner who sells an easement or leases property to a developer does so pursuant to a detailed contract drafted by the developer. It is important that landowners fully understand the rights and obligations detailed in these contracts before signing them.

Are wind farms a landowner’s tort liability issue?

Landowners should review potential tort liability arising because of a wind farm—including nuisance, negligence, and trespass—with their legal advisors and their own insurers. Wind farm improvements on a landowners’ property will cause property tax assessments to increase.

Are You Afraid to talk about wind turbines?

Now it’s neighbor against neighbor, family members not speaking to one another and there is no ease in conversation like in the old days. Everyone is afraid to talk for fear the subject of the wind turbines will come up.

How do wind turbines affect landowners?

Landowners must also carefully consider the impact of a wind farm on their farming or other activities. Wind turbines can, for example, interfere with GPS technology. Although that is becoming less of a concern as technology advances. Turbines can also prevent aerial spraying.

Do farmers get paid to have windmills on their land?

Wind lease terms vary quite a bit, but general rules of thumb are: $4,000 to $8,000 per turbine, $3,000 to $4,000 per megawatt of capacity, or 2-4% of gross revenues. Larger turbines should translate to larger payments.

How much money does a land owner get from a wind turbine?

The landowner will receive a monthly rental payment, which varies according to the number of wind turbines on the property, their location, and the rate of local competition. On average, a smaller, single wind turbine lease can be valued at around $8,000 per year; a larger turbine, between $50,000 to $80,000.

Do windmills decrease property value?

The study found no evidence of an effect on prices of homes in proximity to wind turbines. While wind farms appear to have no notable effect on property values, siting remains an important piece of wind energy development.

Are wind turbines real or personal property?

The wind turbine is properly character- ized as tangible personal property, bolted to its reinforced concrete base and thereby secured to the ground. Some jurisdictions merely tax the increment in value created by the land lease, particularly in jurisdictions where personal property is not assessed.

How many wind turbines can be put on an acre of land?

How many wind turbines can be put on an acre of land? One wind turbine can require up to 80 acres of land, and each turbine will generate around 2.5 MW. Because wind turbines are spaced so far apart, surface activities like farming can still take place on much of the land.

Does a wind turbine pay for itself?

A wind turbine typically pays for itself after a number of years, but it will have high upfront costs. Discover federal energy subsidies and other financial incentives that are available for those ready to invest in wind energy.

How far away can wind turbines be seen?

Vissering suggested that modern wind projects using 2.0-MW or larger turbines are easily visible within 24.1–32.2 km (15–20 mi) under clear weather conditions, but that large visual impacts typically would occur within a shorter distance.

What makes an area good for a wind farm?

Favorable sites include the tops of smooth, rounded hills; open plains and water; and mountain gaps that funnel and intensify wind. Wind resources are generally more favorable for electricity generation at higher elevations above the earth's surface.

How long does a wind contract last?

Wind agreements typically provide for a 5-10 year term for this initial phase.

Why is wind lease less attractive to oil companies?

Land encumbered by a wind lease may also be less attractive to an oil company because of potential disputes between the wind company and oil company over the location of drilling sites, wells, tank batteries and pipelines in relation to wind energy facilities.

How do wind turbines affect the landscape?

Wind turbines are massive structures that significantly change the scenery. These structures require constant maintenance and work which creates a steady flow of traffic in, out and around the landowner’s property. The electricity created by the turbines must be transported to transmission lines.

How long does wind energy lease last?

While wind energy leases provide a new source of income from the land (which during development terms can be fairly lucrative) there are many factors to consider before agreeing to bind one’s land for potentially the next 30 to 50 years.

What is wind company representative?

Generally speaking, wind company representatives that negotiate wind agreements are salesmen. It is their job to create excitement for the proposed project and convey the prospective benefits of the development of wind facilities on the landowner’s land. Most presentations are genuine and professional.

How long is a wind agreement?

Wind agreements typically provide for a 5-10 year term for this initial phase. Except for potentially being the site of a meteorological tower (“Met Tower”) to gather wind data or the subject to environmental reviews, little activity is conducted on the land during this phase.

How much land does a wind farm need?

Despite a dismal national economy in 2009, the wind energy industry has continued to grow. Wind farms generally require 3 acres of land per turbine and a location that can be dedicated to the long-term development of tens to hundreds of turbines.

How to know if a developer has the know-how to build a wind farm?

Other signs that the developer has the know-how and resources to put together a wind farm include an agreement to sell the wind power to a utility company, and an agreement to connect to the electricity grid.

How long does a wind farm lease last?

Wind-power leases often last 50 years. The long lease period is necessary to give the developer time to earn a return on the huge up-front investment needed to build a wind farm. The initial lease term is usually 25 years — the expected life of a turbine.

How does wind affect farming?

How a wind turbine could affect your farming operation. Construction phase damage: Soil compaction and damage to crops, drainage structures, terraces, fences and other farm property may occur during the construction phase. Improvement restrictions: Wind power leases usually restrict buildings to protect wind flow.

How much land is needed for wind turbines?

A commercial wind project needs about 60 acres of land per megawatt (MW). But only 3% of that area — roughly three acres — is occupied by turbines, substations and access roads. The rest is a buffer zone to preserve wind flow. The lease should clearly state your rights to use the land for farming, grazing, development of subsurface minerals, ...

What is prohibited under a lease?

The lease will prohibit you from doing anything that obstructs the flow of wind over the surface of your property. This includes restrictions on the height and location of structures such as barns, grain bins, cell towers, even houses and trees.

What is an overhang or encroachment easement?

Overhang or Encroachment Easement: You agree to allow turbine blades to overhang your property, even if the turbine is not on your land. Noise Easement: You agree to allow a certain level of noise from the turbine. Covenant: Binds later purchasers of the land to abide by certain restrictions.

Can you improve your property without wind?

In some cases, Ferrell says, the lease may prevent you from improving your property without permission from the wind company. “If you have improvements planned for the property, get approval for them” before you sign the lease, he says. That goes for drainage upgrades, too, says Retherford, the Indiana farm manager.

How do I know if my land is fit to host wind turbines?

Well, the best way to tell if your land is appropriate to host wind turbines is to see if any other turbines exist in the area. If so, chances are your land would definitely be able to host! However, there are a few other considerations of what wind project developers are typically looking for:

Make your land stand out to wind developers

The good news is that if your land is suitable for wind, then a developer will likely reach out to you as they have sought out sites based on their own analysis. If you want to position yourself for a better lease agreement, here are some of the extra features to bring to your property.

How expensive is a wind turbine?

Wind turbines are very expensive, with costs rising the bigger and more powerful model you choose. The purchase cost isn't the only expense; land and ecological surveys, delivery, installation, and connection add to the cost. Maintenance and repair costs also need to be factored in to initial expenditure.

What is wind turbine?

What is a Wind Turbine. A wind turbine is a tall, mechanical structure that uses rotating blades to capture the kinetic energy from the wind. This energy is passed through a series of mechanisms, including a shaft and a generator, where voltage is added to convert it into electrical energy.

How can I make money from wind energy?

Another popular way to make a profit from wind energy is by leasing land to utility companies for them to erect turbines. The landowner has no initial outlay, doesn't have to foot the bill for maintenance and repair costs, and can subsidize their current income. This appeals to farmers of both arable and livestock, ...

How long is a PPA contract?

PPA contracts ensure that farmers get paid a fair amount and receive a steady income stream for the length of the contract. Most are between 20 and 25 years long, so for landowners with several wind turbines on their property, it could prove to be a relatively lucrative affair.

How long does a wind turbine last?

It is common for wind turbine purchase and installation costs to be recouped within the first 5-15 years of operation. With a life expectancy of 25 years, there is a possibility of at least 10 years of profit, besides repair and maintenance costs.

What happens when a generator is at 7 mph?

When a minimum wind speed of 7mph is achieved, the generator begins converting energy into electricity for the use of the occupants. Once this converted energy has expired, the system automatically switches over to the Utility provider until more wind power is available.

What happens when the wind is consistent?

At times when the wind is consistent and maintains 10mph gusts, the power is supplied solely from the turbine. It is during these times, when excess power is made, that the grid uses it to power the local community. You will not be charged for this, totally the opposite, the utility company will purchase the excess power from you.

Why should wind turbines not be so close together?

This reason is the most obvious, being that the wind turbines should not be so close together that they don’t have room to perform their functions. Turbines that are within reach of each other could potentially cause a lot of damage when the wind comes into play and their blades interfere or collide.

Why do wind turbine leases work?

As a result, this gives the wind turbine owner an adequate time frame to see profits from their purchase, while the landowner can enjoy a longer period of guaranteed income .

How fast can wind turbines go?

Since the blades of a wind turbine can reach extremely high speeds, some of them up to 180 miles per hour, there would be significant damage to both wind turbines as well as anything in close vicinity of the machines in the event of the blades crashing together in a storm.

How long does it take for a wind turbine to pay for itself?

Certain wind turbines will begin to pay for themselves about two-thirds of the way down their total expected life span, which can take up to 15 years to achieve. These machines usually have a smaller capacity, for example, a 5-kilowatt wind turbine.

How much money can you make from leasing land for wind turbines?

The average farmer that rents out their land for wind turbine space will earn approximately eight thousand dollars a year. This price can go up or down depending on the size of the turbine as well as the number of turbines that are built on the piece of land in question.

How much is wind energy?

Regardless of the purchase price of an energy plan, wind energy is generally almost half the price of traditional fossil fuel energy sources at a value of approximately 5 cents or lower for every kilowatt of energy that is used.

What changes did animals undergo before wind turbines?

These changes include eating, sleeping, and reproductive patterns that they normally followed before the appearance of the wind turbines. Countless farmers all over the world have told stories about their animals suffering injuries or even deaths in large quantities shortly after wind turbines were built in the area.

It’S All in The Contract

Lease v. Easement

  • One sometimes confusing element of wind energy agreements is the nature of the interest being conveyed. Sometimes the agreement will use the term “lease,” and sometimes it will use the term “easement.” Sometimes the agreement will use the terms interchangeably. Many times, the agreement actually conveys a combination of both. While the two interests are similar, they are l…
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Tax Treatment of Payments

  • The nature of the interests conveyed and the way the payments are structured impact the tax treatment of the payments. Landowners are strongly encouraged to consult with the tax advisors before signing a wind energy agreement. This will prevent surprises at tax time. Generally, if a landowner receives a payment in exchange for an easement in place for 30 or more years, that tr…
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Liability Issues

  • Another key issue for landowners to consider is liability stemming from the construction and operation of wind towers on their property. Landowners should ensure that developers agree in the contract to indemnify them for damages. This should include defending landowners in future lawsuits and compensating them for legal damages incurred because of...
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Property Taxes

  • Wind farm improvements on a landowners’ property will cause property tax assessments to increase. The agreement should provide that the developer, not the landowner, is responsible for the taxes attributable to the wind farm. Iowa Code § 427B.26 allows counties, by ordinance, to provide for the special valuation of wind energy conversion property, which includes all wind far…
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Impacted Third Parties

  • Landowners must not enter into a wind energy agreement without first consulting with and receiving approval from any lenders with a security interest in the property or any tenants farming the land. A landowner risks accelerating the mortgage if he or she signs an agreement that inadvertently impacts the rights of the lender. Landowners should also ensure that the wind ener…
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Farm Program Payments

  • Wind energy agreements can also impact farm program payments. If the land is enrolled in the Conservation Reserve Program, for example, the landowner should consult with the Farm Service Agency to determine the impact of the proposed development on the contract. Sometimes developers are interested in buying back contracts or repaying all benefits paid under the contra…
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Land Restrictions and Damages

  • Landowners must also carefully consider the impact of a wind farm on their farming or other activities. Wind turbines can, for example, interfere with GPS technology. Although that is becoming less of a concern as technology advances. Turbines can also prevent aerial spraying. Some agreements allow farmers to schedule times for spraying when the turbines are shut dow…
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What About The Neighbors?

  • In an effort to reduce future problems, developers often enter into agreements with landowners owning property adjacent to the wind turbine sites. Although not legally required, these agreements provide for a smaller stream of payments to these neighbors in exchange for refraining from activities that may interfere with the operation of the wind park. These agreemen…
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Removal of The Tower

  • Wind energy agreements typically provide that the developer is responsible to remove the tower (up to a certain depth below ground) when the project ends. Landowners should read these provisions carefully and understand at what point this removal obligation is triggered.
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Introduction

  • As a result of environmental concerns over the growing consumption of fossil fuels and the implementation of incentives for alternative energy sources, “wind farms” have been sweeping the plains. State and federal tax credits and other incentives for renewable energy helped drive financial resources to support and grow the wind energy industry in the United States. Indeed, th…
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Is Wind Development Right For The Land?

  • When approached about wind energy development, a landowner must first determine whether the impact and intrusion of a wind farm operation outweighs the current and future use of the land. The answer is not always yes. While wind energy leases provide a new source of income from the land (which during development terms can be fairly lucrative) there...
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Negotiating The Wind Energy Agreement

  • Once the issue of whether the land is right for wind development is resolved, there are a multitude of other details to closely consider. These include (i) the scope of the agreement, (ii) the length of the agreement, (iii) financial considerations, (iv) allocation of rights to the land and site development, (v) liability allocation, (vi) assignment/financing issues, and (vii) restoration after e…
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Oklahoma Legislation

  • In addition to the Wind Development Act, two other pieces of legislation affecting wind energy development were passed in 2010 by the Oklahoma Legislature and signed into law. Senate Bill 1787 (60 Okla. Stat. § 820.1) became effective on July 1, 2010 and restricts the “permanent severing of the airspace over any real property located in [Oklahoma] for the purpose of developi…
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Conclusion

  • Wind energy projects provide a tremendous opportunity for Oklahoma landowners. However, the implications of wind energy agreements are far reaching and should not be taken lightly. Careful consideration of the issues raised in this article as well as many other landlord/tenant and contractual matters is required to insure that promises of today survive throughout the length o…
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