RESPONSES TO COMMON JUSTIFICATIONS FOR SIGNING LEASES
“I can do what I want with my land.”
We agree, we’re all for private property rights. But as your neighbor, can we also do what we want with our land? We want to live in peace without a 650-foot turbine rotating above our heads and keeping us and our families up all night. Is that too much to ask?
“You can’t tell me what to do with my land.”
We’re not, you are free to do what you want, but if you sign a lease, the wind company will surely tell you what you can and can’t do. If you want a new master who will never go away, sign a wind lease. It’s a free country, that is at least until you sign, then it isn’t free for either you or your neighbors. In fact, because of the newly passed New York State RAPID Act, you are subjecting your neighbors to the risk of eminent domain for transmission lines. The developer has no eminent domain for placing the turbines, but they will for the transmission lines, and the power has to get off of your property somehow. They only get the ability to take your neighbor’s land if you first give up yours.
“Wind and solar are the future. We can’t keep building coal plants. We need to do something about climate change.”
First, we don’t use coal power in New York State. In fact, our grid Upstate is 91% carbon neutral already, thanks to hydro and nuclear. Since the State passed the Climate Leadership and Community Protection Act, our “climate leadership” has gone in reverse – the state has gone from 61% carbon neutral to 50%, and rather than protect communities, we are doing the opposite. Wind and solar are not capable of providing base power in any scenario. This is a fair to poor location for wind; a pathetic location for solar. Because of the intermittent nature of wind and solar, it isn’t possible to power our grid with them. What we do have are politicians who have been sold a bill of goods and are shoveling cash into an industry that will never provide reliable power because the sun doesn’t always shine, and the wind doesn’t always blow.
“I’ve checked out this developer, they are a good company. They told me where the turbines are going to be and it isn’t near your house.”
That’s great. We’re sure that they are a great company, particularly for their shareholders. Understand however that they have a duty to those shareholders to maximize their profits, so if they need to move those turbines around, place three instead of one, or do pretty much anything to make a buck, rest assured that they will. We recommend going through the lease and crossing everything out that is too one-sided or open-ended. Do you want to plant trees? Cross out the section that says that you can’t. Do you want to back out of the lease at a later date? Cross out the section that says that only they can terminate the lease. Do this for every section that you don’t like, and then try to negotiate those sections with the developer. Even if you are successful, understand that it is almost certain that your lease will be sold, and you will be dealing with an entirely different company.
“The State will just force it in, you can’t stop them. Better to get the money while I can.”
First, though it is true that New York State can now take your land for transmission lines, they can’t for turbines. The best way to keep the State out is to not let them in in the first place. The project will only happen if you let it happen, for your sake and for the sake of your community, please don’t.