Category Archives: Wind Energy Leasing

New Statutory Requirements for Wind Leases in TX Effective September 1

Posted on by

As of September 1, 2019, Texas law will impose requirements for wind lease agreements to contain language whereby the wind farm operator agrees to remove its materials at the end of the lease, and provides a financial assurance to support this obligation.  These terms are required in every wind lease signed after the effective date and may not be waived by the parties. Key Stats House Bill 2845 modified the Texas Utilities Code by adding Section 301.0001, titled “Wind Power Facility Agreements.” [Read bill text here.]  The bill… Read More →

Does the Aesthetic Impact of Wind Turbines Constitute a Nuisance?

Posted on by

Wind turbines are a common sight across Texas.  In fact, Texas is the largest wind producing state in America.  In 2017, the number of megawatts produced by Texas wind farms surpassed the number of megawatts of energy produced by Texas coal plants.  However, not everyone is a fan of wind farms or the look of the wind turbines dotting the skyline across the Lone Star State.  This has led to an interesting question:  Can claimed negative aesthetic impact of a wind project by a neighboring landowner constitute a… Read More →

December 15, 2017 Weekly Round Up

Posted on by

Happy Friday!  The last couple of weeks I made trips to Tulia and Miami for county extension programs, so welcome to those of you joining the blog.  Here are some of the ag law stories in the news this week. *KUT writes interesting article on wind right severances.  Mose Buchele wrote an interesting article on a new issue of Texas landowners selling property but reserving wind rights.  This is a new phenomenon, which raises interesting legal and practical questions.  [Read article here.] *TCEQ will not appoint watermaster for San Saba… Read More →

March 24, 2017 Weekly Round Up

Posted on by

This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →

January 20, 2017 Weekly Round Up

Posted on by

Right-to-farm Supreme Court arguments heard at Colony High School This week I traveled to Lockney for the Caprock Crops Conference.  As usual, this was a great conference.  Thanks to Caitlin and Cristen for inviting me to present.  To those of you joining from that meeting, welcome!  Here are some at law stories in the news this week. * US Supreme Court will hear WOTUS dispute over jurisdiction, no merits to be considered.  The United States Supreme Court has granted certiorari in a dispute involving where challenges to the… Read More →

Wind Leasing Resources

Posted on by

I’ve gotten a few calls recently from landowners seeking resources on wind leases.  I have not written anything on this topic, but for good reason.  My friend and colleague at Oklahoma State University, Dr. Shannon Ferrell, is the wind energy guru and he literally wrote the book on wind leasing for landowners. To access your free copy of the Wind Energy Leasing Handbook, click here.  Additionally, thanks to Shannon’s technological genius, he also has a video of a wind leasing presentation he gave to a group of landowners a… Read More →