Wind Energy Leases
Unlike other utility-scale energy sources, land-based wind energy projects, especially those in the more densely populated areas in the eastern half of the United States, are often located on several parcels. Often, there may be over 100 discrete participating landowners as part of a single wind energy project. While in theory each landowner on a large wind project could have an entirely distinct lease, in practice, many wind projects utilize a single form of lease across all landowners. This is especially true where compensation amounts may be the only differing provision between each lease. In recent years, the landowners for a wind project often band together and utilize a single set of counsel to represent them, leading to a common form consistent across all landowners. Below are the key points in a wind lease that the parties likely will spend the most time on, whether the lease is with a single landowner or all of the landowners in a given project.