Solar, Wind, and Energy Storage Project Leases and Easements: Best Practices for Renewable Energy Counsel

Description

Creative business structures and supportive legislation have increased developers' interest in acquiring land rights in private and public property for renewable energy projects. Acquiring land rights via a lease, license, or easement presents challenges depending on the type of energy project and its intended use of land, natural resources, and other activities.

Critical issues in structuring and negotiating real estate agreements (i.e., leases, easements, licenses, etc.) for renewables include site choice, payments, structure and term, insurance, maintenance, repairs, access, system removal, and lender rights.

In addition, developing and operating renewable energy projects on certain land can run afoul of other uses and rights such as water and mineral rights, timber, farming, and other activities. Renewable energy counsel, developers, and operators must be aware of the challenges and differences in acquiring land rights for solar, wind, and energy storage and effectively implement strategies to ensure client objectives while minimizing risks and liability.

Listen as our authoritative panel discusses essential considerations and negotiation points for leases and easements, key differences for certain types of renewable energy projects, and issues and risks based on the use of land, natural resources, and other activities. The panel will also provide techniques to avoid conflicting interests and minimize potential liability.