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Local News

Lawyers, non-profits shed light on wind industry

By Fritz Busch Journal Staff Writer
POSTED: August 12, 2009

SPRINGFIELD - Farmers, landowners, city and county officials packed a Springfield Community Center meeting room Tuesday to listen to industry experts shed light on wind energy development issues.

Pam Bishop of the Southern Minnesota Initiative Foundation said wind forums became popular a couple years ago as the industry grew in popularity.

Melissa Peterson of Windustry, a Minneapolis-based non-profit said the industry is so new, there are few lease and easement standards.

"We've seen these documents range from the good, bad, and ugly," Peterson said.

She advised landowners contacted by wind developers to have leases evaluated by lawyers before signing them.

Peterson added that landowners that form their own wind energy group with local investors can create projects faster and easier than by private firms dealing with individual landowners.

Windustry recommended landowners form wind energy associations (LWEAs) to have more control over the wind leasing process than they would individually.

The organization said LWEAs diminish the power of developers to divide landowners by offering different terms to neighbors, prevent unnecessary property rights losses and limit speculators (a.k.a. land grabbers) who convince landowners to sign agreements for proposed wind projects they never intend to build.

Windustry's Landowner Guide advised landowners to know their wind data, rights, work together with neighbors and take their time.

Peterson said large corporations including John Deere have partnered in Minnesota wind projects.

"Work together for a stronger voice," Peterson said.

Minneapolis attorney Katie Roek of Stoel Rives, LLP, urged landowners to do their homework first.

"You've got to do your due diligence," said Roek. "This is a long-term commitment. Visit a wind farm. Ask people about firms they worked with and how they liked them."

Roek said only power transmission line projects, not wind turbine projects, can legally use eminent domain for projects.

Bruce Birkemeyer of Mankato, who owns a farm near Evan said he was contacted by a wind development company that offered no payments during development, no signing bonus and no exact information on where turbines would be built and right-of-way details.

Birkemeyer said the developer said his land value would increase with a wind project on it while realtors told him it wouldn't due to easements.

He took the contact to a lawyer who said it was the "worst one of its kind they'd ever seen."

"Who would sign that? I didn't." Birkemeyer said.

 
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