Posts Tagged ‘Wind Rights’

Wind and Wind Rights

Wednesday, April 4th, 2012

Wind is an energy source to be used by consumers along with gas, coal, hydropower and nuclear energy. It is an example of kinetic energy, and some of that kinetic energy can be adapted into electricity and can be harnessed to make mechanical power as well. It is mathematics, art, power and science all at the same time. Power produced by wind must be integrated into and compatible with the existing electric power network grids.

Wind power is developing most rapidly in states with policies that facilitate the growth of renewable power technologies. Wind Energy has been met with some resistance, however it is the fastest growing source of energy in the world and is inexhaustible and non-polluting. It is one source of renewable energy that is being used more often and has seen a large increase in prevalence during recent years. Wind Energy is a clean and renewable source of electricity, but it is not constantly available at a steady rate. It is very abundant in many parts of the United States and is one of the oldest forms of energy used to supplement human muscle using wind turbines.

Wind rights are established by the wind energy corporation with a property owner where a wind turbine will be installed by way of a lease agreement. Wind rights and access to natural wind flow raise important legal issues, policy questions, opportunities, and financial risks for landowners and their neighbors, as well as for wind facility developers. In general wind rights leases cover all or most of your property, not just the space the turbine will sit on, unless your contract specifies otherwise. Valuation of wind rights, various types of legal agreements, contract drafting and different legal aspects are addressed when dealing with a client looking to sell his wind rights or a property that has a Wind Rights Lease, as opposed to a client looking to develop a wind farm.

When you lease your wind rights, you may end up with some restrictions on how you can enjoy or use your own property. Contracts regarding wind rights must be written to protect the landowner, yet also give wind power developers incentives to construct wind farms. The average suggested wind rights lease is 25 – 30 years but some are written for much longer. Your decision to lease the wind rights on your property may dramatically impact your ability to sell your property or develop other uses for it. Careful consideration must be taken when leasing or selling your wind rights. Wind rights are going to be as valuable as mineral rights and water rights in many areas and therefore should not be taken lightly.