NorthGowerWindTurbines

June 22, 2010

Contract issues/wind turbine leases

Landowners who let land to corporate wind developers ought to be very clear on the issues at stake before they negotiate and especially before they sign.

We have heard of people being told that the easement referred to in the lease is for “the air” not the land—absolute nonsense.

One resource is an information presentation prepared by a Wind Concerns Ontario member who has dealt with the corporate wind developers, who is a landowner and a grower, and knows what to look for. Check out the website here for the PowerPoint presentation:

http://ruralgrubby.wordpress.com/contract-issues/

To see a sample lease,

http://www.wind-watch.org/documents/wp-content/uploads/Enxco-Wind-Farm-Lease.pdf

Landowners should also be aware that with increasing opposition to industrial wind turbine developments because of the effect on property values, enjoyment of property, the “nuisance” factor, and potential health effects from sleep deprivation that may result from the noise and vibration produced by these huge machines, they may be at risk for legal action. Recently, a real estate appraisal professional in the U.S. recommended that property owners request a Property Value Guarantee of landowners and corporate wind developers. And, in Ontario, in East Garafraxa, “involuntary neighbours” have threatened legal action, while in Central Huron, citizens have already begun a class action suit.

Think property values won’t go down? Believe the corporate wind developers when they say values can actually go UP? Brampton area realtor Chris Luxemburger told an audience in North Gower in April, that wind turbine developments are now regarded as “quarries” or “dumps”– in other words, an “inharmonious use” or negative influence next to residential areas.

For local news and events, go to

http://northgowerwindactiongroup.wordpress.com

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