Wind easements are used in wind developments to ensure access to the wind. The farmer or wind developer would secure an easement over the neighboring land whereby the neighboring landowner agrees not to build anything that would obstruct the wind to the project. These agreements can be very detailed, such as specifying the exact locations and heights of structures that may not be built. Properly drafted and recorded wind easements will also stay with the land even if the land is sold to another person.
Some states (such as North Dakota and South Dakota) have laws in place that limit the terms of wind easements. In other states, the laws may not be clearly settled. It is important to get the advice of legal counsel and other experts to ensure that your wind easements are legally valid and will serve the purposes of the wind project.
For more information: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind.
Contributor: Christy Anderson Brekken, Oregon State University
