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Renewable Energy Projects and Land Rights Issues: Leases, Easements, Competing Land Use Activities

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, June 21, 2022

Recorded event now available

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This CLE course will provide renewable energy counsel guidance on the legal agreements that are used to establish site control for renewable energy projects and managing the challenges of competing land rights for renewable energy projects. The panel will discuss the siting and development of renewable facilities on land subject to minerals, timber, farming, and other activities, as well as provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Description

Generally, renewable energy projects must secure long-term site control rights via purchase, or more commonly, under leases or easements that ensure control of the land for all necessary project uses, access, and flexibility for project modifications. However, renewable facilities on land with competing land use activities that are not subject to the developer's site control agreement can present serious issues that may result in the removal or destruction of the facility, depending on various circumstances, and the inability to finance the project.

Renewable energy counsel must identify potential land rights and title issues, anticipate issues stemming from competing interests, establish the scope of rights and property under any site lease, easement, or right-of-way, and resolve such title problems and other real property matters.

Listen as our panel discusses these challenges and provides critical insight and techniques to identify constraints, avoid or resolve conflicting interests, cure title issues, and minimize potential liability.

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Outline

  1. Siting renewable energy projects and documenting site control
  2. Identifying and navigating title issues and competing land use rights
  3. Resolving title and competing land use issues
  4. Other property and land issues and best practices for counsel

Benefits

The panel will review these and other important issues:

  • What are the key considerations for the siting and development of renewable projects on land subject to other uses, and what types of sites are most suitable?
  • What are the key considerations in negotiating and drafting agreements securing land rights?
  • What are the challenges and risks associated with competing land use rights and methods to overcome them?
  • What title roadblocks may arise and what are the best techniques to avoid them?
  • What other issues arise regarding competing land rights and what are best practices for counsel?

Faculty

Hall, Christopher J.
Christopher J. Hall

Managing Member
Atencio Hall

Mr. Hall concentrates his practice in the Oil and Gas and Renewable Energy industries counseling energy clients on...  |  Read More

Rudoy, Bruce
Bruce F. Rudoy

Shareholder
Babst Calland Clements & Zomnir

Mr. Rudoy is a shareholder and co-chair of Babst Calland’s Energy and Natural Resources and Renewables groups and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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