Renewable Energy Projects and Land Rights Issues: Leases, Easements, Competing Land Use Activities

This CLE course will provide renewable energy counsel guidance on the legal agreements that are used to establish site control for renewable energy projects and managing the challenges of competing land rights for renewable energy projects. The panel will discuss the siting and development of renewable facilities on land subject to minerals, timber, farming, and other activities, as well as provide critical insight and techniques to avoid conflicting interests and minimize potential liability.

Generally, renewable energy projects must secure long-term site control rights via purchase, or more commonly, under leases or easements that ensure control of the land for all necessary project uses, access, and flexibility for project modifications. However, renewable facilities on land with competing land use activities that are not subject to the developer's site control agreement can present serious issues that may result in the removal or destruction of the facility, depending on various circumstances, and the inability to finance the project.

Renewable energy counsel must identify potential land rights and title issues, anticipate issues stemming from competing interests, establish the scope of rights and property under any site lease, easement, or right-of-way, and resolve such title problems and other real property matters.

Listen as our panel discusses these challenges and provides critical insight and techniques to identify constraints, avoid or resolve conflicting interests, cure title issues, and minimize potential liability.