Wind Turbine Land Lease Agreement

Heritage Sustainable Energy strives to limit the impact of each project on the country. There are obviously local disruptions during the construction phase of a project. However, once a project is completed, a landowner is free to continue using the land with little or no long-term interruption. B. Continued use of the land by the landowner. A unique and attractive feature of wind energy projects is that, in most cases, even after the construction and operation of the project, the landowner is allowed to continue to use a large part of the affected land, as he did before the conclusion of the wind energy land contract. This is because only a small portion of the affected property is used for wind turbines, roads, transmission lines and related facilities. The Proponent may also reserve the right to extend the term for additional renewal periods, often ranging from 20 to 30 years, and to “re-engine” the project in whole or in part at some point during the extended period or otherwise extend the duration of the project. “Repower” typically means replacing all or a significant number of wind turbines on the property, installing additional wind turbines on the property, or both. The net result of these successive conditions is an agreement that has the potential to run for more than 70 years (again, subject to applicable government restrictions). The unusual length of the wind energy land contract can be troubling for a landowner, especially if the property is a family farm or ranch that the landowner wants to transfer to successors or heirs. The landowner may be reluctant to sign an agreement that may encumber the property for a long time after the landowner has considered transferring control of the property.

In addition, the duration of the agreement may raise concerns about the landowner`s ability to sell the property at a later date or raise questions about the long-term viability of the developer […].