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Tractor Talk Discussion Board

Re: Big Wind came calling Looking for others experiences


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Posted by bc on May 01, 2021 at 06:53:08 from (24.255.129.137):

In Reply to: Big Wind came calling Looking for others experiences posted by big jt on April 30, 2021 at 08:07:18:

Quoting Removed, click Modern View to see

Good info here. There are some law firms that follow the wind companies that try to organize the landowners to pay a set fee to them and then they negotiate the best deal for everyone together. That said, they won't help with individual issues and most lawyers aren't well versed enough in the ins and outs of these contracts.

However nothing says you can't take their contract, mark it up, and tell them to make the changes. Their contracts are the usual company boilerplate with everything in their favor. Take out their wording and make it clear that you can hunt, fish, retain all mineral rights, farm within X feet of the tower, Y feet of the roads, yearly damages for lost crops, easement limited to their towers, roads, substation, etc. with you retaining the right to grant easements to others on the same easement area and they have bury their lines Z feet deep and you and other easement holders can cross or go under their lines and roads, you can still put up buildings, etc. and list the goes on of changes you could make and say you don't need their permission to do it. Even if they refuse and offer you a no complaint type of contract payment make sure it doesn't have an easement in it and you still want all the language in there that allows you to use the farm as you want. Include shut-in payments for times when towers aren't operating and definitely have a strong termination and abandonment clauses.

I've dealt with countless oil & gas lease situations and most operators are ok to deal with except for a few bad apples. Even drafted up my own oil and gas lease as the standard forms the companies use all have terms favorable to them.


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