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Renewable Energy Projects and Site Control: Navigating Lease vs. Ownership, Title Defects, Conflicting Land Rights, and More

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 Wednesday, December 20, 2023

Recorded event now available

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This CLE webinar will provide renewable energy counsel, developers, and operators with an in-depth analysis of critical issues regarding property rights and renewable energy development. The panel will discuss key considerations for lease, easement, and purchase agreements; handling title defects; navigating property and land issues, including competing land use issues; and other issues impacting property rights for solar project development.

Description

Counsel, developers, and operators seeking to secure site control for renewable energy projects must be aware of the challenges associated with competing land interests and property rights when negotiating site control documents and implement strategies to minimize risks and liability in order to successfully finance, construct, and operate renewable energy projects.

Generally, projects must secure long-term site rights via purchase, or more commonly, under leases or easements that ensure control of the land for all necessary uses, access, and flexibility for project modifications. After securing site control, competing land use activities and third party property rights (including those of mineral rights owners and oil and gas lessees) can pose serious obstacles to project development, and if these issues are not carefully addressed, may result in the removal or destruction of the facility, or prevent the project from being financed.

Listen as our panel discusses considerations for lease, easement, and purchase agreements, handling title defects, navigating property and land issues, and other issues impacting property rights for solar project development.

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Outline

  1. Siting and developing considerations and pitfalls to avoid
  2. Navigating competing land use rights
  3. Overcoming title 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 solar projects?
  • 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 are the essential factors to consider for securing site control for large scale renewable energy projects?
  • What are the key considerations in negotiating and drafting agreements securing land rights?

Faculty

Engler, Daniel
Daniel M. Engler

Partner
Cox Castle & Nicholson

Mr. Engler is a real estate transactional attorney who represents clients in the buying, selling, leasing, and...  |  Read More

Storms, Jake
Jake Storms

Partner
Cox, Castle & Nicholson

Mr. Storms is a transactional attorney whose practice includes real estate acquisitions and dispositions, land and site...  |  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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