Renewable Energy Projects and Site Control: Navigating Lease vs. Ownership, Title Defects, Conflicting Land Rights, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Wednesday, December 20, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide renewable energy counsel, developers, and operators with an in-depth analysis of critical issues regarding property rights and renewable energy development. The panel will discuss key considerations for lease, easement, and purchase agreements; handling title defects; navigating property and land issues, including competing land use issues; and other issues impacting property rights for solar project development.
Mr. Engler is a real estate transactional attorney who represents clients in the buying, selling, leasing, and development of real estate across a range of industries including residential, commercial, mixed-use, health care, and renewable energy. He is known for providing smart, business-oriented advice and helps clients solve problems and close transactions quickly and efficiently.
Mr. Storms is a transactional attorney whose practice includes real estate acquisitions and dispositions, land and site control, project development and leasing. He is a member of the Real Estate and Renewable Energy Development team. Mr. Storms represents developers, lenders and investors across a broad-range of real estate development projects, including residential, commercial, mixed-use, healthcare, schools, military base redevelopment, mitigation and conservation (both banking and turn-key) and energy. He frequently advises clients on complex title and survey issues, subsurface oil, gas and mineral matters and regularly drafts and negotiates ground and office leases (including medical office buildings).
Counsel, developers, and operators seeking to secure site control for renewable energy projects must be aware of the challenges associated with competing land interests and property rights when negotiating site control documents and implement strategies to minimize risks and liability in order to successfully finance, construct, and operate renewable energy projects.
Generally, projects must secure long-term site rights via purchase, or more commonly, under leases or easements that ensure control of the land for all necessary uses, access, and flexibility for project modifications. After securing site control, competing land use activities and third party property rights (including those of mineral rights owners and oil and gas lessees) can pose serious obstacles to project development, and if these issues are not carefully addressed, may result in the removal or destruction of the facility, or prevent the project from being financed.
Listen as our panel discusses considerations for lease, easement, and purchase agreements, handling title defects, navigating property and land issues, and other issues impacting property rights for solar project development.
- Siting and developing considerations and pitfalls to avoid
- Navigating competing land use rights
- Overcoming title issues
- Other property and land issues and best practices for counsel
The panel will review these and other important issues:
- What are the key considerations for the siting and development of solar projects?
- What are the challenges and risks associated with competing land use rights and methods to overcome them?
- What title roadblocks may arise and what are the best techniques to avoid them?
- What are the essential factors to consider for securing site control for large scale renewable energy projects?
- What are the key considerations in negotiating and drafting agreements securing land rights?
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