Wind & Solar

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Wind

The development of wind energy across Colorado and western Nebraska  has the capacity the change the landscape of our rural communities  drastically.  Wind easement, leases, and development agreements vary  from just a few years to upwards of fifty of sixty years. Negotiations  on wind energy documents are key in protecting your farm or ranch  operations as well as maximizing the financial aspects.  Impacts to your  farm and ranch operations may include (1) construction phase damage  such as soil compaction and damage to crops, drainage structures,  terraces, fences and other farm property (2) restrictions on  improvements or aerial spraying that you otherwise planned or routinely  undertake, (3) potential changes to your configurations due to turbines  and access roads resulting in new end rows, strips inaccessible to large  equipment, irrigation disruptions and irregular fields that reduce  efficiency of field operations and (4) snow removal or erosion issues  due to changes on the ground from new roads or turbines. Our firm can  assist in negotiation of wind energy development agreements such as:


  • Option: Gives the developer the right to lease the land at an agreed-upon price, subject to agreed-upon terms.
  • Access Easement: Allows the developer to travel across your property and construct roads to reach turbine areas.
  • Construction Easement: Gives  access for construction of turbines and support equipment, as well as  temporary “lay-down” areas for equipment and machinery storage.
  • Transmission Easement: Allows developer to construct and operate underground and above-ground transmission lines and substations.
  • Wind Non-obstruction Easement: You agree not to construct any improvements that could interfere with wind speed or direction.
  • 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.


Our  negotiations on wind energy are geared to addressing potential effects  on your farm and ranch operation, establishing clear time periods for  those agreements, understanding and limiting your obligation on those  agreements, compensation and reclamation when the operations cease or  the agreement terminates.

Solar

With 300+ sunny days per year in Colorado, solar energy is on the rise.   Keller Law LLC is familiar with energy leases and issues.  Call Keller  Law LLC to discuss your solar energy legal needs.