Wind & Solar Energy Leases

Don't Sign Their First Draft

Wind energy leases and solar easements are written for the developer’s benefit. We negotiate them so the deal works for the landowner too.

Get the Lease Reviewed

No obligation. No hourly billing. Send us the basics and we will reach out.

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100% Confidential. Flat-fee pricing.

This Isn’t a One-Year Cash Rent Lease. It’s a Decades-Long Commitment.

When a wind energy developer knocks on your door with a lease, they’re offering you income — but they’re also asking you to tie up your land for 30 to 40 years. The standard lease they present is written entirely by the developer’s attorneys. Every clause favors the developer.

Most landowners don’t realize they can negotiate. Common issues we find: below-market royalty rates, inadequate decommissioning requirements, excessive land-use restrictions that interfere with farming, and vague indemnification clauses.

We review every wind and solar lease line by line as part of our farm real estate practice. We negotiate terms that protect your rights, maximize your compensation, and ensure the lease doesn’t prevent you from farming the remaining acres effectively.

If multiple neighbors have been approached by the same developer, we can represent a group of landowners collectively to negotiate stronger terms as a bloc.

checklistWhat We Negotiate

  • Per-acre and per-turbine royalty rates
  • Escalation clauses tied to inflation
  • Decommissioning bonds & guarantees
  • Crop damage compensation formula
  • Setback distances from homes & buildings
  • Indemnification & liability limits
Kole reviewing lease documents in a harvested field with wind turbines

Decommissioning: Who Pays When the Turbines Come Down?

Every wind turbine has a lifespan — typically 20-25 years. When that lifespan ends, someone has to pay to remove it. Decommissioning a single turbine can be enormously expensive — including foundation removal, road restoration, and site remediation.

Most standard leases have inadequate decommissioning provisions. The developer promises to remove the turbines but provides no financial guarantee. If the developer goes bankrupt — which happens regularly in the energy industry — the landowner is left with a 300-foot steel monolith on their property and no money to remove it.

We negotiate decommissioning bonds, letters of credit, or escrow accounts that guarantee removal funds exist regardless of the developer’s financial health. This is one of the most important — and most commonly overlooked — lease provisions.

The Midwest Ag Law Process

We don’t do hourly billing, and we don’t hand you a stack of paper and wish you luck. Our process is designed to be transparent, thorough, and completely finished when we’re done.

1

Lease Review

We review the developer’s proposed lease line by line, identifying every provision that favors the developer and every protection that’s missing for the landowner.

2

Negotiation

We negotiate directly with the developer’s attorneys to improve royalty rates, strengthen decommissioning requirements, reduce land-use restrictions, and add proper indemnification.

3

Execution & Monitoring

Once terms are agreed, we finalize the lease, record it properly, and advise on monitoring the developer’s compliance with lease terms throughout the project lifecycle.

Energy Lease Services

Protection for landowners in renewable energy deals.

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Lease Review & Negotiation

Line-by-line review of developer-drafted leases. We identify problematic clauses and negotiate terms that protect the landowner.

groups

Group Representation

When multiple neighbors are approached by the same developer, we represent the group to negotiate collectively stronger terms.

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Solar Easement Review

Solar developments bring unique issues: panel density, drainage impacts, land restoration requirements, and agricultural compatibility.

What Our Clients Say
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Sandramere Seed & Supply Co. profile picture
Sandramere Seed & Supply Co.
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Kole helped us develop HR documents and create some customer forms for our business. Kole really helps put legal language in understandable form. We really appreciate his thorough nature and ability to ask the right questions to uncover issues we had not considered. His agricultural knowledge is extremely valuable. Thanks Kole! We really appreciate you!
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James Jensen
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Working with Kole was easy and convenient. He answered all our questions and helped us get our trust established quickly.
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Brandon Boardman profile picture
Brandon Boardman
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Kole's personal experience and understanding in agriculture makes him a great attorney for all of your farms estate planning. He's very prompt, professional and he really cares about your needs. What a great guy.
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Mary Mollenhauer
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Working with this firm feels less like hiring a lawyer and more like bringing on a strategic partner for your legacy. They truly understand the complexity of multi-generational farming operations and approach every plan with both precision and long-term vision. For families managing significant agricultural assets, this is exactly the kind of counsel you want in your corner.
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Mitch Mender
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Kole is a bright and compassionate attorney. He knows what he is doing!
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Pooja Vasudev profile picture
Pooja Vasudev
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Kole Pederson walks the walk and talks the talk! As a former aerial applicator, he has fully lived the agricultural life so he is qualified to assist farmers, ranchers, and agricultural business owners with their estate planning/probate, business law, and real estate legal needs. Kole is diligent, resilient, and down to earth with a genuine commitment to help clients. In this day and age, when everything has become less tangible and very technological - Kole is the kind of attorney agricultural folks can benefit from having on their side!
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Matt Snoberger profile picture
Matt Snoberger
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Kole was easy to work with and has vast knowledge of agriculture and a lot of common sense. One of the easiest people I’ve ever worked with.
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Flynn Baker profile picture
Flynn Baker
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I have worked with Kole on a legislative and policy committee for a non profit organization. Kole's input was incredibly valuable; especially navigating legal jargon and procedures as well as his attention to detail and timeliness. I am glad to have worked with him and trust his recommendations and actions in legal matters.
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Becky profile picture
Becky
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I was doing an online search for an attorney and ran across Midwest Ag Law. I called and Mr. Pederson actually answered the phone himself, which Never happens these days! Unfortunately, he doesn't do Guardianship cases, but was very kind and went out of his way to give me some referrals!
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Curt Friesen
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Legal work made simple. Very professional firm that delivered everything I needed, when I needed it, and at a reasonable price. Great to work with and will use them again.
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Frequently Asked Questions

Should I sign the developer’s standard lease?expand_more
No. The standard lease is written by the developer’s attorneys and favors the developer in every clause. You should always have an independent attorney review and negotiate the terms before signing a 30-40 year commitment.
Can I still farm around the turbines?expand_more
In most cases, yes. But the lease language determines how much land is restricted. We negotiate to minimize the footprint and ensure the lease doesn’t prevent you from running GPS equipment, irrigating, or accessing farmable acres.
What if the developer goes bankrupt?expand_more
Without a decommissioning bond or letter of credit, you could be left with abandoned turbines on your property. We negotiate financial guarantees that ensure removal funds exist regardless of the developer’s financial status.

Got a Wind or Solar Lease on Your Desk?

Don’t sign until an ag attorney has reviewed it. Schedule a free consultation — we’ll tell you what’s fair and what’s not.