I manage land in TX and LA with a few thousand acres that we leased for solar development. I engage counsel with significant solar leasing experience to review and revise the agreements prior to entering an easement and lease agreement. $ has been very beneficial to my clients and future removal and remediation language is a must in these agreements. I’m not a fan or solar/wind but depending on location and use this is a much better return for my clients. I hate that this is all subsidized by taxpayers. Let it stand on its own and see if it fails (it would fail).

This post was edited on 9/14/22 at 11:52 am

1 ...

Report Post

Posted by DeCat ODahouse

Premium Member

Member since Jan 2017

1377 posts

Posted on 9/14/22 at 12:11 pm to Chingon Ag

quote:
has been very beneficial to my clients and future removal and remediation language is a must in these agreements.

If the company goes bankrupt how can this be assured?
Not arguing, asking. Appreciate the legal insight.

Also, even if the taxpayers will ultimately wind up remediating any sites that are despoiled by equipment/contamination left by a bankrupt company, you have to envision that the litigation will take years.

What about the opportunity cost while the landowner/heirs wait?

Shouldn't the landowner ask if the company is wiling to put up a significant amount of money in escrow account for remediation?

Again, not a lawyer and may not have terminology right.

In fact, this thread underlines how many complex out comes there are. And that no layperson could possibly think a ready-made contract could logically be in their land's best benefit.

1 ...

Report Post

O-T Lounge - Replies to Post

Return To Board

Page 1

Return To Board