The following letter was received by us and is addressed to people who have signed a lease option with Ecogen. If the option is due to expire, you may want to consider the following information before you put your land back under Ecogen's control.
You may want to take another look at the real estate tax part of the agreement. The company is supposed to pay all taxes attributable to the wind towers. The wind towers are exempt from taxation for 15 years in New York. At the Fenner, NY project the wind towers were listed as improvements on the tax parcel owned by the landowners. Could the same thing happen here? Keep in mind that you will be addressing this issue 15 years in the future. What is the likelihood that you will be dealing with the same company you signed with? 15 years seems like a long time and you received your annual lease payment in that time but what do you suppose the taxes are on a commercial power generating wind tower? And let's not overlook what the tax consequences would be if the wind company went bankrupt. You may want to look into Ecogen's history of wind project construction and management or the lack thereof.
Ecogen has publicly stated that many of its towers will be interconnected with ABOVE ground transmission lines. The lease says under the "use" clause that the tenant (Ecogen) has the right to use the property for constructing transmission lines. It does not say they will be underground. Ecogen told me and other landowners that the lines would be underground but it is not in writing.
You may want to look at the right of first refusal clause. My lawyer said that to sign this agreement would take away my right to sell my property to whom I wanted. The clause says that Ecogen has the right of first refusal if the land owners desires to sell or to "effect any other form of transfer with respect to the land". How does this effect parents who may want to give the land to their children? How does this effect the landowner's will/estate? How does this effect land with multiple owners who may want to buy each other out at some point? What happens in cases of divorce? Why does a wind tower lease even need to include this clause?
The scope of construction necessary to erect the wind towers should also be reconsidered. The South Bristol Views website says that "Ecogen has already stated that they would have to clear-cut at least a 350' circle for each turbine just to assemble the blades". The New York State Energy Research and Development Agency (NYSERDA) describes the following in "A Guide for Local Authorities in New York": Access roads to each turbine location are typically 18-20' wide. Crane pads are installed along access roads and adjacent to the tower foundations. Foundation excavation is additional to the area described. All this area needs to be clear cut in wooded areas. NYSERDA's guide also says that each turbine may require up to twenty cement trucks. The turbines themselves come in 10-20 tractor trailers with additional tractor trailers needed to bring in other tools and construction materials. Does your lease agreement say anything about Ecogen restoring the area to pre-construction condition? Does your lease say anything about tower removal if they are no longer in use? Consider this along with the real estate tax implications above.
Lastly, people should consider the liability they may be taking on by allowing wind towers to be constructed on their property. Ecogen plans on putting towers as close as 120' from my lot line. Blade and ice throws, tower collapse, fire, noise, soil erosion/disruption of natural drainage, and the potential to negatively effect ground water sources and wells are all concerns that have been voiced and debated. What landowners need to consider is in the event that a wind tower somehow damages a neighbor's land, who is responsible to pay for damages? You can argue about the likelihood of any of above concerns, but are you prepared for the consequences if they do occur? I doubt if your homeowners insurance is going to cover the potential damages a 400' power generating wind tower may cause. Did your agreement say that Ecogen will be responsible for any and all damages that the construction or operation of the wind towers may cause? Mine didn't. Be aware that NYSERDA lists distance as the factor which will mitigate the above listed effects on neighboring properties. Here there are virtually no setbacks. I have found no other wind project in the U.S. which puts wind towers right on top of neighbors lot lines as is proposed here. Do you really want to be pioneers into the uncharted waters this project poses? Make sure any reassurances given by the sponsoring wind companies are given in writing.
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