Real Estate > Wind & Solar Energy
Wind Energy Facilities (Wind Farms)
 Mr. MacKew has been involved with the development of wind energy facilities in Chatham-Kent and elsewhere in Southwestern Ontario for the last several years. In particular, Mr. MacKew has reviewed with dozens – if not hundreds – of landowners a variety of Option, Easement and Lease Agreements submitted to owners by various wind energy companies. In that respect, Mr. MacKew has been enlisted by landowners to negotiate the variation of some of the standard terms of these various Agreements. During this process, Mr. MacKew has become aware of issues which should be a concern of landowners in terms of their working with wind energy companies in developing wind energy projects and, as well, the benefit to landowners and communities at large with respect to these wind energy projects.
There is no “standard” Agreement respecting these projects although the implications of the Ontario Green Energy Act, if passed, may assist in the standardization of these terms. As it stands now, landowners can be asked to enter into Options for a blanket Easement or specific Easement or a Lease of lands and access road upon which the wind turbine would be located. It is important to note the site of a wind turbine is based on scientific principals involving the determination of the best use of wind energy at a specific location. Another factor to be considered is the “cabling” or connection from the wind turbine to the appropriate power grid. In that respect, Mr. MacKew has been involved with investigating issues relating to stray ground voltage and the ways in which such an issue may be reduced if not eliminated completely.
In the event a landowner does enter into a Lease or Easement and a wind turbine is placed upon their property that landowner is entering into a long-term commitment and should take the opportunity to meet with a lawyer to discuss any concerns the landowner might have before entering into such an Agreement, either by way of an Option to Lease or the Lease itself. In many of the Options that the landowners are asked to sign, the terms of the specific Lease or Easement are referenced in the document. Once an Option or Lease has been signed it is registered on Title which may effect the landowners ability to refinance or mortgage his property and that is an issue which should be discussed with a lawyer in advance of entering into any Option or Lease Agreement. In the event you are a landowner who has been asked to enter into an Option or Lease Agreement respecting a wind turbine location on your property or a wind energy company interested in exploring development in Southwestern Ontario, you are welcome to contact Mr. MacKew to arrange an opportunity to discuss your concerns..
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