Lee asks people to consider seven different aspects when considering a potential alternative energy lease.
First, recognize that these leases can be confusing, so it’s important to seek help from a professional. Second, be sure that the lease specifies the geographic scope. Third, understand the periods of time that are included in the lease.
There are seven considerations I recommend for people who are asked to enter into a lease of their land for alternative energy projects like solar or wind. The old adage that “unless it is in writing, it does not count,” applies even though these projects can be very positive for communities and landowners.
First, recognize that these leases are lengthy and confusing, even for many attorneys. Seek out help from professionals other than from the company seeking the lease. Company representatives, even if those representatives are local to our region, may not know or may be careless in how they describe the lease and its terms. The company and its representatives work for the company, not the landowner. With many of these leases exceeding 40 years in length, it makes economic and common sense to hire an attorney to help interpret the lease.
Read more about alternative energy leases and see Lee’s full list of considerations in the Lima News here: Legal-Ease: Alternative energy leases
Source: LimaOhio.com, “Legal-Ease: Alternative energy leases,” by Lee R. Schroeder, June 22, 2019
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at Lee@LeeSchroeder.com or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.