20 Questions To Ask Before Leasing Leasing Land To Solar Farms – AG Matters

The lure of additional income in tough economic times can make you act before you think. Many NY landowners are seeing potential income opportunities from companies interested in constructing solar farms. Cornell Cooperative Extension suggests getting answers to these 20 questions before making a decision. 

Cornell Cooperative Extension offices around the state have been collecting information to help landowners assess the opportunity of solar farms.  If you are considering a solar farm lease on your property, CCE recommends that you consult an attorney. The New York Farm Bureau 800-342-4143) can refer Farm Bureau members to attorneys with relevant expertise.

Following are just some of the questions you and your attorney should seek answers to:

· What is the term of the lease? Can it be extended, and under what conditions?
· Who is responsible for the potential increase in taxes as a result of the solar farm?
· Who is responsible for maintenance of the solar farm?
· Is the solar farm location designated prior to signing a lease?
· Who is responsible for any liability as a result of the solar farm?
· Is there a right of way to the solar farm? How big is it, and where?
· How does the solar farm lease affect my farm operation?
· Will I be able to sell my property?
· Will I be able to place a mortgage on my property?
· Who is responsible for the approvals and permits from the local municipality?
· Can this lease be transferred to another company?
· Am I responsible for insurance for the solar farm?
· Who is responsible for removing the solar panels when they are no longer in use?
· Does the solar farm company have the right to the land beneath the solar panels?
· When is the solar farm allowed to access their solar leases?
· What other rights does the solar farm have over my property?
· Will I have any say as to where the solar farm is situated on my property?
· What kind of alterations can the solar farm company make to my land, or any neighboring parcels?
· At the end of the lease, will the solar farm company restore my land to how it was before? At whose cost?
· Can I terminate the lease? If so, under what conditions?
· What if there is a disagreement between the parties? How is any disagreement handled and decided?

Get more information on solar farms at CCE Sullivan County's website.

The Herkimer-Oneida County Comprehensive Planning Program will also be addressing this and other agriculture-related issues at its Land Use Training Workshop on June 9 from 5:00- 8:45 pm at Mohawk Valley Community College in Utica. To sign up or for more information call the Program office at (315) 798-5710.

SOURCE: Cornell Cooperative Extension - Jim Manning