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A Great Diagram to Help People Understand How a Turbine Can Impact Its Neighbours

property-lines-windturbines

This is a useful tool to use to show people how much one turbine can impact the property values of homes around it. Now imagine if any of Farmers B through E have a second neighbour with a turbine. They are completely prevented from ever doing anything on their own property again. But turbines don’t affect property values…..right.

Thanks to Concerned Citizens of Delta County for this photo. Origin unknown. (Source: Read More)

The Anatomy of a Wind Farm Contract – Part 1

The Law Is My Oyster - Wind Contract 1

I am often approached by people asking me to explain just how a wind farm contract works. I usually evade these questions either by honestly pleading ignorance or less honestly, by using the well-used cop-out employed by lawyers: “It’s difficult to answer that conclusively, as it all depends on the circumstances and I would need to see the contract”.

It is important to understand that a typical wind farm contract is made up of two parts. The first part is an Option. The second part is a Lease.

Let’s talk about the Option.

In a general sense an Option is a right to buy or sell a particular thing at a specified price within a set time. The first important thing to remember is that the Option gives its holder a right to buy, not an obligation to buy. The holder can walk away without exercising that Option, (i.e. without buying the subject matter) whenever they want.

With a wind farm contract, what the option does is give the wind developer the right to enter into a lease with the landowner and to build a wind farm on the landowner’s land. (Source: Read More)

The Anatomy of a Wind Farm Contract – Part 2

The Law Is My Oyster - Wind Contract 2

In my previous blog I explained how a typical wind farm contract consists of two divisible parts, an Option and a Lease. When looking at an Option, I came to the inescapable conclusion that by selling the wind farm developer an Option, the landowner essentially gave up any control over his own land for extended (potentially endless) periods, in return for often trifling sums of money.

In this blog I want to start looking at the second part of the contract – the Lease. This part forms the majority of the contract document, and we may need more than one blog to cover it all.

These contracts are about money, and clearly we need to know just how much a landowner can make, how quickly he or she can make it, and whether on a purely monetary basis it is a worthwhile exercise for a landowner to consider.

So let’s get down to the nitty-gritty. Once the wind farm is up and generating, what sort of money can a landowner make? Remember that as this is now a lease; the landowner is now the “Landlord”, and the wind farm developer is now the “Tenant”: (Source: Read More)

Claim ready

Claim-ready
County businesses and property owners prepare to defend the value of their livelihoods and savings

CCSAGE Naturally Green has opened another front in the battle to defend Prince Edward County from industrial wind turbines—and has recruited a phalanx of worthy soldiers ready to resist the invading developers.

Taking their cue from a successful litigation in Ottawa, nearly 400 businesses and property owners in Prince Edward County have signaled their intention to seek financial compensation if they suffer loss of value as a result of turbines constructed nearby.

Many fear that the arrival of massive 40- storey turbines looming over their homes and business will lead to a loss in revenue and a drop in property values. CCSAGE Naturally Green has spent the past few weeks informing property and business owners of their rights to claim compensation. (Source: Read more)

Leaseholder speaks out against NextEra

OPEN LETTER TO: Premier Kathleen Wynne, Mr. Tim Hudak, Ms. Andrea Horvath, REA

Being landowners who were fraudulently scammed into signing an option/lease for wind development in 2011, the terms and conditions of which we remained unaware until October 2013 when we were first given the document, then officially threatened with legal proceedings and financial ruin coercing us into signing the NextEra lease in February 2014, we would like to outline our experience of meetings with Company contacts (CanAcre for NextEra) in the last three weeks.

Nexterror Bullies Canada IncAs yet, we have not received a copy of the lease complete with a NextEra signatory as we should have by now. May 6th a representative arranged to meet to discuss the location of a collection line . .. part of NextEra’s design for our property for which we were offered no opportunity to give input. The point of this meeting was unclear as no concerns of ours were taken into consideration, the placement of the intended line would most surely harm and possibly kill a mature windbreak of spruce and cedar and at the meeting conclusion, we were informed that in the next few days a “survey” and the planting of stakes would take place.

The lease states that the Lessee (that’s NextEra) shall consult with Lessor with respect to siting the Works and to act fairly and reasonably in so consulting. We had never been consulted. Ever. (Source: Read more)

IKEA/APEX Wind Farm Non-payment Causes Liens to be Filed Against Local Farmers

WindTurbineLien-edgarcountrywatchdogs.com
VERMILION CO., IL. (ECWd) –

IKEA (the furniture company) and APEX (a wind energy company) failed to make payments to Ambassador Steel Fabrication, LLS from Auburn, Indiana. The failure of IKEA and APEX to make their payments in a timely manner is now causing issues for farmers and other land owners who leased their properties for the project. Below is a link(or click here for names) to the list of names which are found on the documents recorded at the Vermilion County Recorder’s office in Document # 14-09577. This document is a “NOTICE OF SUBCONTRACTORS CLAIM and ILLINOIS MECHANIC’S LIEN CLAIM-LEASEHOLD IMPROVEMENT” For details, please see the lien documents which you can view HERE and HERE.

The lien is for $1.4 million dollars.

If you know somebody on this list, perhaps they would be interested in knowing that their property will have a permanent record of having had this lien filed. Until IKEA/APEX settles this issue and the lien is released, it may be difficult to complete real estate or financial transactions.

A lot of questions arise out of this issue:

–Are ag input loans for fertilizer/seed affected?
–Will real estate transactions such as mortgages, land purchases using existing lien subject property as collateral at risk?
–Will there be legal problems for trustees if the benefactors of the trust learn their land is listed and subjected to a lien collection proceeding?

Before signing agreements to host wind turbines, access roads, or cables, remember that anything can happen. If a wind company fails, does a lien holder have rights to take action against the land owners? This list of landowners (HERE) should probably review their lease agreements to see if they have a protections in place against complications. (Source: Read More)