If the farmer owns the wind turbine, the farmer is responsible. It is crucial to have sufficient liability insurance to cover any damages to others that might result from the wind project.
If the project is owned by a wind developer who is leasing the land from the farmer, the lease should detail the responsibilities of the parties. Landowners should negotiate a clause which requires the developer to defend and hold the landowner harmless from claims for any future loss or damage to persons or property resulting from the wind project. The farmer should require proof that the developer has adequate liability insurance to cover any damage caused by the project.
For more information: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind.
Contributor: Christy Anderson Brekken, Oregon State University
