Leases and Easements

How do I get out of a wind lease?

There is no single answer to this question because every lease agreement is different. Leases are binding legal documents and it may be difficult to get out of one. Thus, it is extremely important to understand completely the agreement you are signing into before you sign it. If you happen to find yourself in a situation in which you want to be released from a lease agreement, you should hire a lawyer that has experience dealing with wind leases and easements.

Webinar: Wind Energy Easements

Watch Windustry's web-based presentation on Wind Energy Easements from May 9th, 2007.
(Presented in conjunction with Colorado State University Extension Service and Iowa State University Extension Service.)

Wind Power Development Toolkit

This publication was developed for Winrock International Brasil by Global Energy Concepts, and covers many aspects of wind project development, including a survey or lease terms and a model lease agreement. Click here to download the file from the Winrock website.

The Law of Wind: Wind Energy Lease Agreements

This document was writted by Stoel Rives Attorney Samual J. Panarella, March 2004. Also adapted for North American Windpower in September 2004 and The Law of Wind: A Guide to Business and Legal Issues, Third Edition, 2005. Click here to go to the Stoel Rives web site.

Community Wind Toolbox Chapter 7: Leases and Easements

PDF Version
In the United States, leasing land to wind energy developers continues to be the most common way rural landowners are participating in wind energy. As the wind industry grows, wind developers are increasing the amount of land they are leasing to keep their future market share from slipping away. Because of this, landowners in windy areas need solid advice about wind energy and what signing a wind energy lease or easement means to both them and future generations who will inherit the land.

Leasing Your Land to a Developer

What questions should I ask before signing a wind lease agreement?

Wind agreements are long term and legally binding, making it crucial for you to review them carefully and investigate anything you don’t clearly understand. You should always consult an attorney before signing anything.

How much do farmers get paid to host wind turbines?

Wind lease terms vary quite a bit, but general rules of thumb are: $2,500 to $5,000 per turbine, $3,000 to $4,000 per megawatt of capacity, or 2-4% of gross revenues. Larger turbines should translate to larger payments. Compensation packages typically are offered as fixed yearly payments, as percentages of gross revenues, or some combination.

Easement

The right to use the real property of someone else for a specific purpose.

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