Wind Leaseholders May Be On The Hook For Billions

global-landgrabA recent visit by members of the Ontario Landowners Association to the Land Registry Office in Goderich (Service Ontario) has revealed the registration of a one billion dollar mortgage by K2 Wind Ontario Inc. on 100 wind leaseholder properties in Ashfield-Colborne-Wawanosh (ACW), home of the 140 turbine K2 Wind Project. They were looking for the original deed for a property and stumbled on K2 Wind’s charge. Certified public records indicate that some properties may be encumbered at twenty times their farm land value, or more.

“We don’t know the full ramifications of what we have discovered this week”, stated Dave Hemingway, President of the Huron Perth Landowners Association. “We know that K2 Wind is not the only wind company following this practice but we don’t know at this point just how many others are involved.” Mr. Hemingway went on to say, “This raises some serious questions. Have the wind developers been smooth talkers and have rural leaseholders been too naïve and trusting? This might very well impact leaseholders’ ability to borrow money for their farming operations.”
Mr. Hemingway states that this discovery could have a profound effect on a leaseholders’ ability to borrow money, sell the farm or otherwise do what he/she sees fit with their own land.

The Ontario Landowners Association has been promoting the concept of property rights for landowners and has been encouraging them to make application for their Crown Land Patent. As part of this program the association encourages property owners to get a copy of the original deed for when the property was transferred from the Crown to private ownership. In the Huron Perth area, this happened from around 1830. The Crown sold the land to the Canada Company which then sold parcels to the local landowners of the time. The Huron Perth Landowners Association has published a Crown Letters Patent booklet to explain what a Crown Letters Patent is and how to get one for your own property. The association also recommends getting the original deed for one’s property which sets out the terms under which the first individual landowner received the property rights which have subsequently becomes the current owner’s property rights.
For further information, contact Dave Hemingway at 519-482-7005 or davehemingway@gmail.com.

57 thoughts on “Wind Leaseholders May Be On The Hook For Billions

  1. This is a “told you so” situation. Why were the landowners so naive? Greed plus wishful thinking, it seems. And then there are the tactics of the wind barons. A perfect storm.

    Do the land leasers deserve compassion? Certainly. But not sympathy.

  2. An encumbrance is some sort of restriction on property which can inhibit its transfer. Encumbrances can affect the title of property, or they may take the form of restrictions on funds. In both cases, the encumbrance restricts free use of the property or funds until the issue is resolved. Encumbrances take a number of forms.

    One of the classic cases in which an encumbrance appears is in a real estate context. Some examples of encumbrances include liens on real estate, outstanding mortgages, easements, unpaid property taxes, or deed restrictions. All of these encumbrances are attached to the title of the real estate, and they can complicate or prohibit the transfer of the title until they are resolved.

  3. It was clearly told to all landowners 8 years ago, that they should not allow easements (which is essentially what this encumbrance is) to the wind developers and that their contracts should only be a straight land lease agreement.

  4. Anybody know what 12 + 3 = ?

    COUNTY OF HURON ECONOMIC DEVELOPMENT SERVICES
    http://www.investinhuron.ca/contact-us/
    —————————————————————————————————————

    Welcome to Agenda 21 @ the volunteer level;
    why wait for the law!
    Official Plan

    Township of Ashfield-Colborne-Wawanosh Official Plan

    Township of Ashfield-Colborne-Wawanosh Official Plan – Maps

    The Township’s Official Plan is a land use planning document that is a statement of where and how development should take place. The Plan includes the vision, goals and policy directions for development of the Township.
    http://www.acwtownship.ca/property-development/official-plan/

    —————————————————————————————————————
    Welcome to Agenda 21 @ the volunteer level;
    why wait for the law!
    Bill 73 is still @ first stages – lingering @ Queens Park
    – to be charged with ‘treason’.
    —————————————————————————————————————

    Liberal corruption joins Samsung corruption
    @ who’s house?
    – so what’s the story?

    • Here’s the story!

      Liberal Corruption!
      – and they want you to – ‘get involved’.

      Ontario

      Ministry of Municipal Affairs and Housing

      Bill 73 – proposed Smart Growth for Our Communities Act

      From October 2013 to January 2014, the government undertook province-wide consultations on the land use planning and appeal system, and development charges system to ensure both systems are predictable, transparent, cost effective and responsive to the changing needs of our communities. The government is responding to comments received through the consultations and has announced proposed legislative amendments to the Development Charges Act, 1997 and the Planning Act.

      If passed, Bill 73 – the proposed Smart Growth for Our Communities Act would give residents more say in how their communities grow, set out clearer rules for land use planning, give municipalities more independence to make local decisions and make it easier to resolve disputes.

      For example, residents would be better involved at the beginning of the planning process and have a say in the future of their communities. Municipalities would need to set out in their official plans how and when the public would be consulted, and would also need to explain how public input affected their planning decisions.

      The bill would also:

      give municipalities more opportunities to fund growth-related infrastructure, like transit;
      make the development charges, section 37 density bonusing and parkland dedication systems more predictable, transparent and accountable;
      and support higher density development to create jobs and grow the economy.

      We will also be setting up working groups of stakeholders to review further more complex development charges issues, and to take a considered look at some land use planning elements, and propose solutions.

      For a copy of Bill 73 – the proposed Smart Growth for Our Communities Act, and to monitor the status of the Bill through the legislative process, please visit the Legislative Assembly of Ontario website: http://www.ontla.on.ca/web/home.do
      http://www.mah.gov.on.ca/Page11014.aspx

      • We are in a federal election year!

        We do not need to save the planet –
        and I wish the conservatives
        would just say it.

        We do not need to save the planet!

      • Hey Sommer,

        from your link:
        ‘[excerpt]

        He was followed onstage by the notorious “high priest” of climate skepticism, Lord Christopher Monckton who insisted that, despite the alarms raised by thousands of scientists, the consensus was that climate change was not real.

        His talk consisted mostly of a rapid-fire paean to Prime Minister Stephen Harper, whom he praised for not succumbing to “the global totalitarian tyranny” of international climate treaties.

        “Your nation has rightly reviled the useless Kyoto treaty,” he proclaimed, standing in front of a slide of African children holding out food bowls.

        Politicians and scientists who advocate for fighting global warming, he continued while citing “Lenin, Hitler and Mao,” are responsible for the “trillions of dollars diverted from the poor to climate change mitigation.”’
        http://www.thestar.com/news/gta/2014/06/18/ideacity_2014_running_hot_and_cold_on_climate_change.html

        Just in case you missed it:
        Stephen Harper said – NO to the
        Kyoto treaty aka Smart Growth aka
        Sustainable Development aka Agenda 21

        ———————————————————————————-

        Federal Election Year – 2015
        October 19th, 2015
        Stephen Harper vs Justin Trudeau
        You have two choices!

        Freedom vs Bondage

        ———————————————————————————-
        Hint:
        We already know what Ontario looks like
        under Liberal Leadership!
        – and if they pass Bill 73
        – Agenda 21 will be in full force – province wide.
        http://www.mah.gov.on.ca/Page11014.aspx

        Note:
        – still strange that @ the local level of government
        Agenda 21 – is in full force;
        but – only by consensus – citizens were made to believe they volunteered
        for the ‘greater good’;
        – feel the darkness?

      • Hey Ontario!

        Oh Canada!
        Federal Election Year 2015
        Hey – when you need a good – self proclaimed communist
        who do you call?

        Liberals @ work for you?……maybe not so much!

        So who do you call?
        I mean Premier Social Justice – wants to be known
        – as the first –
        ‘social justice’ premier –
        ……so who will she stand with?

        Again – when you need a good – self proclaimed communist
        who do you call?

        ———————————————————
        p.s. ‘social justice’ – is code for communism

      • Election Year Canada
        October 19, 2015
        Vote Conservative!
        —————————————————————————–

        Mainstream media reports! – maybe not……..

        Premier Social Justice – and will the communist plan
        work – in Ontario?

        ‘[excerpt] Van Jones

        The three stakeholder speakers were invited to stay on stage, to interact with the next keynote presentation: an inspiring and energetic presentation by Van Jones (CNN commentator, green jobs advocate, and former advisor to US President Barack Obama).

        Jones spoke of our collective responsibility to work together to resolve common struggles, advancing pragmatic and realistic initiatives that generate good jobs and provide opportunity to hard-hit communities. “We can’t be all opposition and no proposition,” he urged.

        Jones described three positive examples of initiatives that are helping to address the simultaneous challenges of job-creation, inclusion, and environmental protection:’

        ‘[excerpt] Premier Kathleen Wynne

        Premier Wynne’s keynote speech Saturday afternoon resonated with the Summit’s central theme of collaboration:

        “We are seeing an evolution in industrial relations thinking on both sides. Labour and employers I think are beginning to look with some interest at models that are more collaborative, more solution oriented, more practical, and ultimately more beneficial for everyone”’

        http://www.unifor.org/en/take-action/good-jobs-summit/gjs-report

        Introducing – Van Jones
        http://www.discoverthenetworks.org/individualprofile.asp?indid=2406
        ———————————————————————————

        Election Year Canada
        October 19, 2015
        Vote Conservative!

        p.s. Mainstream media reports! – maybe not……..

        Premier Social Justice – and will the communist plan
        work – in Ontario?

  5. Green Energy Reports

    Ontario’s Green Energy Act was introduced in 2009 to help public agencies, including municipalities, to manage and reduce their energy consumption. As part of this Act, Regulation 397/11 requires the broader public sector to report their energy consumption and greenhouse gas (GHG) emissions annually beginning in 2013, and to develop and implement five-year energy conservation and demand management (CDM) plans starting July 1, 2014.

    Reports are compiled using the Energy Consumption and Greenhouse Gas Emission Template (the Template) prepared by the Ontario Ministry of Energy.
    http://huroncounty.ca/greenenergy/

    Mr. Chiarelli writes a letter to the OPA
    Re: Environmental attributes ownership –
    confusion and best removal points;
    so as – not to add – to the confusion
    http://www.powerauthority.on.ca/sites/default/files/MC-2014-2473.pdf

    Hey Ontario!
    OPA Environmental Attributes Ownership – and did Mr. Chiarelli
    solve the ownership problem – of confusion?

  6. Some time back I heard a story that the real reason legions of wind turbines were being deployed across some of Ontario’s prime farmland and natural beauty spots was the intent to depopulate these areas and make them available for other ‘investments’ without those pesky inhabitants. This is a dark thought indeed as the Ontario government would be a party to this exercise. The vast encumberances discussed would appear to be a more direct, though obviously carefully concealed ploy in this direction. My guess is that they harm the land owners indirectly and could be very hard to fight or get removed. One wonders if there is any legitimate business justification for this? And just how universal is this practice?

    • Greg, I received this correction shortly after receiving the first copy of the press release above. For those of you who understand this sort of thing, this information might be helpful:

      “The press release which I forwarded to you on behalf of Dave Hemingway this morning should have read “mortgage or mortgage/charge” rather than “encumbrance””

      • I’ve been communicating via email and telephone calls with our Head Planner and the Land Use Planner in Huron County for several years, asking them if they were aware of Agenda 21, asking them if they were inadvertently following directives of Agenda 21 or receiving funding from Agenda 21 oriented sources. Both have always denied any connections to Agenda 21.

    • Bloomberg, Feb.1,2013

      “Why Canada Oil-Sands Industry Wants CO2 Tax Harper Hates Energy”

      “Canadian Prime Minister stephen harper has vilified political opponents who support a tax on carbon-dioxide emissions. The oil-sands industry, Canada’s fastest growing CO2 polluter says he’s out of step.”

      Producers are concerned that tar-sands crude will be barred from foreign markets for releasing more carbon that competing fossil fuels.

      http://www.bloomberg.com/news/articles/2013-02-01/why-canada-oil-sands-industry-wants-co2-tax-harper-hates-energy

      One of the main reasons why cap-and-trade is being pushed in Ontario.

    • Greg the proposed new official plan for Ottawa says in it that they want people in rural towns or the cities NOT in rural areas. I think if you go and look at various resistances to gov’t corruption you will find these take root with the grass roots in rural areas as they tend to be less willing to swallow the gov’t gobbledegook and actually think for themselves. For those who do not think that there is not a consolidated effort by the mucky mucks to get us off our property, give your head a shake. This egregious seizing of our property by wetlands, species at risk, and other “agreements” with governments of whatever level are evidence that bureaucracies are using the public’s absolute lack of involvement to take away OUR RIGHTS. It is incumbent on us to continuously point out to Councillors, MPP’s, MP’s and bureaucrats that they WORK FOR US! They are not there to take away OUR RIGHTS, to stonewall, obfuscate, distract, string out, and/or block us from working with our property. They are there to facilitate, minimize regulation and legislation and to enable people to enjoy and prosper with their property.

  7. Can someone please explain to me what this means? Does this mean K2 borrowed money from Mizoho Bank and used the leaseholders farms as collateral? Did K2 do the same with the roads in the project area? If K2 goes belly up, what happens? Can Mizoho Bank take the farms? What are the implications for non-leaseholders and the “road user agreement” portion? Were leaseholders and the ACW Township aware of this prior to this announcement? Is this legal?

    • It appears that K2 borrowed money from the bank and then did use the host’s land as collateral.

      Banks often require security for loans.

      And the host landowner can allow their land to be used as collateral if the host agrees to this arrangement.

      If the bank goes belly-up then there will be bank creditors to deal with.

      Non-leaseholders are not financially involved in this.

  8. Most will say this is all BS but then again most see the agenda 21,and the list goes on. For instance the bank of Canada was suppose to print the money for us and for loaning out money to our government at 0 percent interest. But whoa and behold can in D IMF the country destroyers and said nay to that practice for our cosy set up. Now we are in the hands of greedy powerful large bankers killing any hope of reducing our debt and it only progresses to a fast curve uphill.
    Heres your proof and this court case has won twice. Yet they again hide the truthhttp://www.collective-evolution.com/2015/02/05/canadians-sued-the-bank-of-canada-won-mainstream-media-government-blacks-out-story/

    • Recently BNP Paribas agreed to pay nearly $10 BILLION (USD) in fines in the United States, admitting that they had been laundering dirty money from the sanctioned countries Iran, Cuba, and Sudan, that they had been falsifying business records, etc, etc, etc…..

      How would these admissions affect BNP Paribas business in other countries like Canada?

      Has former Ontario Premier David Peterson been overseeing these offenses for the last decade, more or less?

    • This information from Land Titles documents shows

      a deal b/w BNP Paribas & AIM PowerGen AKA Mike Crawley:

      A half-billion dollars at Clear Creek, Norfolk County, Ontario, Canada:

      ————————-

      PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
      50111-01[**] (LT)
      [Clear Creek, Norfolk County, Ontario, Canada]

      NK14467 2008/06/26 CHARGE PARTNERSHIP $500,000,000
      PARTIES FROM: AIM SOP PHASE I GP INC.
      AIM SOP PHASE 1 GP LP
      PARTIES TO: FORTIS CAPITAL (CANADA) LTD.
      REMARKS: CHARGE OF EASEMENT

      NK42121 2011/04/08 APL CH NAME INST
      PARTIES FROM: FORTIS CAPITAL (CANADA) LTD.
      PARTIES TO: BNP PARIBAS (CANADA)
      REMARKS: NK14467

      NK42122 2011/04/08 TRANSFER OF CHARGE
      PARTIES FROM: BNP PARIBAS (CANADA)
      PARTIES TO: BNP PARIBAS
      REMARKS: NK14467 & NR610590 NK14467

      NR611262 2011/04/08 TRANSFER OF CHARGE
      PARTIES FROM: BNP PARIBAS (CANADA)
      PARTIES TO: BNP PARIBAS
      REMARKS: NR610590. SEE NR611261 RE CHANGE OF NAME AMALGAMATION

      ————————

      610387
      CERTIFICATE OF REGISTRATION
      NORFOLK (37) SIMCOE
      07 NOV 19

      Document General

      (4) Nature of Document
      NOTICE OF SECURITY INTEREST
      (Personal Property Security Act, Section 54)

      NOTICE IS HEREBY GIVEN that by a security agreement made between AIM PowerGen Corporation of 200 Consumers
      Road, Suite 604, Toronto, Ontario, M2J 4R4 as debtor, and Bank of Scotland PLC as secured party, a security interest has
      been created in the Vestas model V82 1.65MW wind turbine generators delivered to AIM PowerGen Corporation by Vestas-
      Canadian Wind Technology, Inc.

      • Look for this same kind of information for other projects. Each area should be looked at.

        Business like this is almost always done with borrowed money. Developers don’t use their own money for which they need to provide security to do this or lenders won’t lend without security being provided.

      • I just had a novel thought!

        Councillors with IWT leases might want to
        – check on their – ‘private property status’ –
        and comment.

        Good for a laugh –
        – when you are gagged, and squirming;
        and checking your due diligence!

      • If banks are in business to make money –
        it’s safe to assume – they lend money
        – with much consideration to the fact
        that they can also make money – by
        selling a lucrative mortgage.

  9. In addition to my other dark thoughts this would seem to expose just how thinly financed these projects are. One wonders how many would collapse if the Province were forced to roll back some of the subsidies and sweetheart deals (like statutory tax valuations)?

    • Maybe developers hope to sell their projects before the subsidies disappear? They are not long term investors?

    • Why would they be “not long-term investors”:

      Possible reasons why:

      – they don’t care. They were just looking for a place to launder some dirty money and thought nobody would suspect clean, green, windmills sold by Liberal President Mike Crawley.

    • For more of David Peterson “not caring”, see here:
      http://www.ctvnews.ca/politics/ex-ont-premier-who-proposed-selling-alcohol-in-corner-stores-doesn-t-care-1.2287797

      Ex-Ont. premier who proposed selling alcohol in corner stores ‘doesn’t care’

      ‘[exerpt] TORONTO — A former Liberal premier of Ontario who three decades ago proposed selling beer and wine in corner stores says today he simply does not care about it.

      As the current Liberal government crafts reforms to Ontario’s buttoned-down alcohol regime, David Peterson’s 1980s attempt is often raised as evidence that changes have been a long time coming.

      But the man behind it says while it was a good idea at the time, the world has changed since then. For Peterson personally, “it’s about the least significant thing in public policy” today.

      “Why would I care?” he says in a telephone interview. “I care about important things. This is not important to me.” […]

      “It’s a very big issue because there’s issues of distribution, there’s the issue of price, there’s the issue of convenience, but there’s issues of abuse,” he says. “There’s a whole bunch of issues that people come at from different points of view. You ask my own personal opinion, I don’t care…It’s not a big part of my life.”‘

    • Pattern Energy, according to this webpage, financed its acquisition with available cash & revolving credit facilities.

      Revolving credit facilities are something like a credit card. Lenders unknown. Subsequent longer term lenders can also be brought in.

      The issue now is what liens if any were placed on host landowners property and why?

      Local governments can’t prevent these kinds of financial dealings by /between developers and host land owners .

      It’s unknown if these liens can be transfered back to the developers. Depends on the details of the contracts.

  10. This is an extraordinary story, but not one that should surprise anyone familiar with the K2 partners methods. Samsung is known as one of the most aggressive, hard headed of the Korean corporations. They didn’t enter into longterm contracts with McGuinty to benefit a green planet, their goal is to increase the amount of green flowing to the shareholders. The thought of Dalton McGuinty and a few cronies dealing with Samsung makes one blanche, as for individual landowners, well I hope they were well advised. The difference of course is that McGuinty had the full resources of Ont behind his signature and is on the hook for absolutely nothing.
    The partners Capital Power for example, exhibited similar arrogance and determination at the public meetings, they are not in this venture to provide playground equipment, and public event funding, they are determined to extract maximum returns from the provincial government.

    Any attempt by a successive government to alter contracts, or change business conditions can be expected to provoke hardball tactics from the partners. The lessors should be very quesy on learning of this legal hold over their property; I doubt many of them have the resources or insurance to deal with future developments. Nothing in the business world is ever free, they should have reflected on this before signing away their property rights.

    • And the government and farm organizations said it was OK to sign these leases. So many thought no harm could come to them as a result of signing.

      Extra income for farmers was sold to these people.

    • Canada
      Criminal Code: updated in 2007
      Re: Municipal government

      So you think you are a mayor and/or council member – or an employee
      of a municipality;
      and you are immune.

      Maybe – not so much!

      • From the Criminal Code (of Canada):

        http://laws-lois.justice.gc.ca/eng/acts/C-46/
        Criminal Negligence
        219. (1) Every one is criminally negligent who
        (a) in doing anything, or
        (b) in omitting to do anything that it is his duty to do,
        shows wanton or reckless disregard for the lives or safety of other persons.
        Definition of “duty”
        (2) For the purposes of this section, “duty” means a duty imposed by law.
        R.S., c. C-34, s. 202.

    • I hope that everyone who listens to this extremely important podcast responds immediately to Liz Marshall’s long overdue initiative to the ‘breech of trust’ issue. She needs 1000 people to do this A.S.A.P.

  11. About “We do not need to save the planet.”
    That might be cosidered a morally dubious statement. BUT:
    “there is no way on thei planet that wind turbines can save it even from acid rain”
    is a true, important, and easily proven statement. Wind turbines need spinning reserve backup, which tends to come from burning gas just to keep an idling turbine spinning.

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