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OnDemand Webinar

Current Issues in Wind Power Leases

As the wind energy market has matured, the issues relating to the leasing of the surface property necessary to build wind farms have become more sophisticated and complex. No longer will a land owner blindly sign any lease offered. Negotiations in virtually all facets of the wind lease, from lease compensation, uses and reserved rights to restoration security and renegotiation options, have become highly evolved and creative. Land owners also are introducing new protections and presenting new proposals to share in the revenues of the wind farm or benefit from better than expected wind production. This OnDemand Webinar will cover the latest trends in wind leases, including the latest compensation structures and land owner requested provisions, as well as explore new pooling and co-tenancy arrangements that are at the vanguard of negotiating these contracts. This program will also look at the severance of "wind rights" as a mineral interest and the implications this has for wind leases. Lastly, the presentation will offer practical drafting ideas for tackling these issues.


Runtime: 86 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Compensation Structures

  • Upfront Payments
  • Royalty Payments
  • Minimum Annual Payments
  • Performance Bonuses
  • One-Time Payments
  • Damage and Livestock Payments
  • Inflation Adjustments and Late Payment Interest

Term

Lease Uses and Reserved Rights of Lessors

  • Wind Power Uses
  • Transmission
  • Rights to Develop Solar or Other Energy Project
  • Reserved Rights of Lessors (Hunting, Recreation, Mineral Development, etc.)

Restoration Security

Financing Provisions and Issues

Severance

  • Comparison to Traditional Severable Mineral Interests
  • State Regulation of Severability
  • Case Law
  • Lease Implications and Practical Solutions

Pooling

  • Description of Pooling in Wind Leases
  • How to Accomplish a Pooling Payment System in Wind Leases
  • Practical Concerns for Developers Relating to Pooling Provisions

Co-Tenancy Issues

  • Securing Necessary Rights When Dealing With Undivided Surface Interests
  • Powers of Co-Tenant; Obligations to Absent Co-Tenants
  • Co-Tenant Issues Related to Title Insurance
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

George Humphrey

George Humphrey

Andrews Kurth, Llp

  • Partner in the Project Finance Group of Andrews Kurth LLP, based out of Houston, Texas
  • Experience in virtually all aspects of project documents and financing documents in connection with a wind farm, from wind leases, balance of plant agreements and power purchase agreements to credit agreements, energy hedges and partnership flip structures
  • Advises on structuring and documenting multiple phase and merchant wind projects, and identifying and minimizing regulatory, transmission and other risks associated with wind farm developments
  • Involved in the successful development and financing of wind power projects totaling over 1,150MW and $1.5 billion in financings
  • Advised on and helped close wind projects across the country
  • Recognized in 2011 by Chambers & Partners as a leading projects lawyer in the United States
  • Graduate, University of Florida Law School
  • Can be contacted at [email protected]
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Product ID: 386395
Published 2011
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