Leases

See Articles relating to Wind Turbine Leases here

The Oppose Belwood Wind Farm Action Group has made several lease, option, and easement agreements available:


  • This Story was written by Don Bangert of Chilton, Wisconsin after he interviewed a landowner in Fond du Lac County for two hours. Don wrote this story and then showed it to the landowner who wishes to remain anonymous.  The landowner approved this for publication.

LBe2-Before_you_sign__copy

CAUTION

14 thoughts on “Leases

  1. The land owner should establish who pays for taxes on structures within their property line. MBO has indicated the property owner pays the taxes. If that is the process used realize those taxes would come out of your pocket first. The process indicates the land owner would bill the company for reimbursement. If for any reason the company is unable to pay taxes, what happens to the land if the land owner is unable to pay either? Make sure you know the process used in your municipality and understand what happens to your property prior to signing away your land rights.

  2. WIND TURBINES
    WHY?

    People of The Bruce Peninsula:

    In previous issues of this publication I have covered just some of the facts and outlined some of the reasons why there should be no more than the existing three turbines on your peninsula.

    In my research I found organization after organization all over the world opposing wind turbines. All oppositions are basically for the same reason. Visual pollution, health hazard, noise, flicker, cows getting sick, people forced to move out of their homes, loss of wild life, and so on and on. But the most important issue, and most incredible fact, is that the turbines do not contribute to reduction of CO2 whatsoever and yet we allow the industry and our governments to put them up at your (and my) expense. Fossil fuel power plants can not be taken off line because of the wind turbines existence no matter how many of them are erected.

    What you may be faced with, is that Bruce Peninsula, one of the most beautiful natural wonders in Ontario may be obliterated by the stroke of a pen.

    A story, carried in The Georgian Bay Association newsletter dated Fall 2008 claims “that commercial wind farming is not benign. It does have ecological impact”. Included with the story are two maps prepared by Helix Energy Inc., for the Ontario Power Authority. These maps show upwards of 2,000 of the best spots in the Georgian Bay area, including The Bruce Peninsula, for large scale wind development from Wiarton all the way up to Tobermory. If this doesn’t start a revolution I don’t know what will. Can you imagine 2000 spinning rotor blades 400 feet high on your land that was given to you by your fathers, your grandfathers and your great grandfathers dating back to early 1800s? I cannot.

    More and more local governments all over the world are finally denying permits to wind developers. To stop serious community divisions amongst you, your local government must, on your request, not issue permits for further development of wind farms and wind turbines.

    The reason I know that your community will be divided over this is that I received numerous anonymous letters supporting and praising my efforts. From that I concluded that most of you don’t want turbines, and yet you don’t want to step on your neighbors’ or your relative’s toes, if you will.

    Developers are saying that your community will benefit. How? Did they outline any of those benefits? Are those benefits long term or are they short term? Is it money, tourism, jobs, better roads, better services, new community centers, ice rinks, darker skies? Are they making promises that they know they will not keep? Even if the answer is yes to the benefits, is it worth it? Is it worth it to you to have your land industrialized and destroyed by wind turbines? Is it worth it to a few landowners to give up the rights to their land by signing it over to the developers? No one can speak for the landowners but the landowners themselves. It is their prerogative and their decision what to do with their land. I’m just trying to point out that whether you are a landowner or not, you are in this situation together.

    Why am I doing this you may ask? I love this part of Ontario. I own property up here and I am a rate payer. My hope is that I can one day, just like your parents did; leave my land to my children so that their children can be a big part of your community one day. I would like them to be able to enjoy dark skies and watch this natural wonder continue to unfold in front of their eyes.

    In closing, a word of caution to landowners who have not yet signed an agreement with a wind power company: I got a hold of an executed “MEMORANDUM OF AGREEMENT” between landowners and a wind turbine developer. In that agreement there is absolutely nothing, I repeat, absolutely nothing, in favour of the landowners. The landowners lose all rights to their own land, they can not get out of the agreement, and the developers can do anything they want on that land. The agreements cannot be broken even if the land is sold, or inherited by the landowner’s children. It is my belief and I think I’m right, that no independent lawyer would ever advise his/her client to sign such one sided agreement. My suspicion is, again I believe I’m right, that the developers, with their slide and PowerPoint presentation convince most landowners to sign the agreement without ever reading it or have a legal counsel before signing. I strongly urge all of you to have a lawyer advise you before signing the lease agreement.

    Slavko Grguric, Miller Lake
    slavko@acroturn.com 519-795-7207

  3. Can the farmers/landowners that sign leases with the Energy companies be sued for damages if the construction of Wind Farms on their properties results in a reduction to the property values of their neighbours ?

  4. I’m not a lawyer but im wondering about the culpability of the Ontario Government and the OPA in the legality of these leases…

    We are discovering the many farmers / landowners are now having second thoughts about the contracts that they have signed with Wind Farm companies or their sales agents…

    (In many cases these agreements were signed years ago and have been flipped several times with many of the terms being altered)

    Without the massive government subsidies it is very unlikely that the Energy companies would not be offering these leases to the farmers..

    (The subsidies being offered by the Ontario Government thru the OPA make the development of wind farms very, very profitable….)

    This would mean to me that it should be more difficult for the Wind Energy companies to claim damages from the farmers /landowners if the farmers/landowners decide en masse to breach the agreements….

    There are only damages because of the actions of our misguided governments and their subsidies… representing the citizens of Ontario….

    It is also disturbing that many of the farmers indicated that they did not get legal advice because it appeared that the Ontario Government had approved the whole process and that they would be protected by the Ontario Government…

    (This seems strange to me since some of these agreements are now 40 pages long….although initially they were only 8 pages or so…like a simple contract of Intent only)

    Another thing that I find troublesome is that many of the information sessions held by the Wind Energy Companies have been held after the swath of commissioned Wind Energy Salespeople has signed up many of the uninformed farmers and landowners…

    (It’s no wonder that the locals are outraged when they find out what has been going on behind their backs and how their neighbours may have sold them out)

    The political damage to the Ontario Government could also be large if there is a breach and they decide to support the Energy companies…

    It does appear that the Government is condoning a drive-by attack on the rural communities so that by the time locals find out what is going on, it is too late and the project is slated for Government review and (of course) approval…

    The whole thing to me seems to be very sleazy….

    When our Ontario Government is running a NANNY state, it seems strange that they decided to let our vulnerable and sometimes poor farmers “sink or swim” and deal with unscrupulous Wind Energy companies on their own with now assistance and no real warnings…

    Just wondering….

  5. Just a question about the cost and responsibility of removing the windturbines when they are decommissioned. Do these contracts stipulate who will be responsible for the cost of removing turbines from the landowners property once they are no longer in use and in what period of time must they be removed.

  6. just wondering whether a mortgage holder has any rights to be notified if a wind lease is being signed?????

  7. Thank you — let the people gtet together and stop the uglyness. What ever happened to Ontario “KEEP IT BEAUTIFUL”?

  8. NFU boss warns Lambton farmers to be wary of energy lease agreements
    http://www.petroliatopic.com/ArticleDisplay.aspx?e=3543854

    The president of the Lambton local of the National Farmers Union (NFU) has come out strongly against the province’s Green Energy Act, and is warning farmers and other landowners to be wary of contracts to lease their land.

    “The farmer gets sued, not the wind companies,” said Vye, adding if a wind tower is visible from their property, a neighbour can sue and win for property devaluation.

    “Neighbours suing neighbours is a nasty business.”

    Vye said the bottom line is that energy leases offer little or no protection for farmers and all leases need to be read and interpreted by a professional who specializes in dealing with energy leases.

    • How many guys are in the tent?
      NFU boss – Vye – finds voice

      The real story – when did Vye know?

      But – believe it – or not
      looks like – we’ve always – had boots – on the ground

      Editor’s Note:
      The elimination of coal was supported by all parties at Queen’s Park.
      The OFA has recognized the need to address the resulting energy gap and
      the opportunity for agriculture to be part of the solution through biomass and biogas innovations.
      OFA was the only group working diligently with farmers to point out the potential threats and liabilities of wind leases.
      OFA strongly advocated seeking legal advice prior to signing any wind lease agreement.
      OFA did not encourage farmers to sign wind leases in any way.
      Mr. McCabe presented the commentary reflecting OFA position on the FIT and microFIT review.
      He has no vested interest in any green energy program.
      While public discourse on energy issues is imperative, OFA will not print further remarks casting aspersion on any of the participants.
      Such comments detract from and degrade an important debate.
      http://www.ofa.on.ca/media/news/Improving-the-green-energy-fit

Leave a Reply

Your email address will not be published. Required fields are marked *