Under the terms of the Lease and Easement Agreements proposed by some wind developers:
– Landowners are obligated for up to 60 years. Developers can terminate the agreement at any time upon 30 days notice.
– Developers have authority to drag Landowners into legal disputes and initiate litigation in Landowners’ name.
– Developers may assign their rights to another company at any time, without Landowners’ consent.
– Landowners must get Developers’ consent to do such things as plant trees or make improvements to their own property.
– Landowners’ rights to hunt their property are severely limited, yet Landowners remain obligated to prevent unauthorized hunting of their land.
– If a dispute arises, Landowners forfeit their constitutional right to their day in court before a jury of their peers. Developers retain their right to access the court system.
– Landowners are limited to monetary damages through private arbitration, even if turbines exceed noise limits, emit shadow flicker, or are sited too close to the home.
– Landowners are prohibited from speaking about the developers “methods of operation,” and must obtain written permission from the developer before responding to any media inquiries – even if the developer has failed to abide by the noise and/or shadow flicker limits.
Before you make any decision regarding a proposed lease agreement, we urge you to get informed about the impact of living in close proximity to industrial wind turbines. And ALWAYS consult competent legal counsel before signing any contract.