About the Course
Introduction
This CLE webinar will prepare real estate counsel to negotiate and draft leases for land to be used as solar farms. The panel will discuss due diligence considerations for developers and landowners. The panel will also examine key lease provisions for each party and will analyze practical considerations associated with solar ground leases.
Description
With increasing energy needs, more land previously used for agricultural purposes is now being eyed by developers with the purpose of creating solar farms—large scale installations of solar panels that capture sunlight and convert it into electricity. Counsel for landowners and developers should understand the considerations unique to solar ground leases to minimize risk for their clients.
Due diligence considerations for landowners include lease term, since these leases are typically 20+ years, and the impact on any current and future land uses; landowner obligations under the lease; and potential financial implications. Developer due diligence considerations include performing a feasibility assessment that includes, among other things, environmental concerns and possible encumbrances; zoning and permitting issues; and tax implications.
Key lease provisions for both parties include: (1) lease term and structure; (2) land use restrictions and easements; (3) payment provisions; and (4) lease termination and equipment removal.
Listen as our expert panel discusses marketplace trends for solar ground leasing. The panel will examine key due diligence considerations for landowners and developers and address how to negotiate and draft solar ground leases to help minimize the likelihood of future legal disputes.
Presented By
Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and climate change. As a partner in nationally known large law firms, he has worked with clients to solve regulatory challenges and to capitalize on emerging technologies such as renewable energy, energy efficiency, blockchain, artificial intelligence and energy storage. He now has his own law firm.
Mr. Deatherage graduated cum laude from Harvard Law School, and was the Articles Editor of the Harvard Environmental Law Review. He taught Climate Change Law at the University of Texas Law School and published a book Carbon Trading Law and Practice.
In the energy context, Scott has worked with clients on electricity generation projects totaling more than $5 billion, including:
• Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas.
• Wind projects in west Texas and other states.
• Distributed solar leases, power purchase agreements for residential and commercial installations.
• Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries.
• Negotiated over 45 ground leases for solar farms.
• Worked on anaerobic digestion projects.
• Represented clients in landfill gas to energy projects.
Mr. Deatherage has advised clients on natural gas power plant, biofuels, gas to liquid, wind, solar, and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects, as well as property tax exemptions and abatement.
Mr. Guest advises clients in the areas of corporate transactions, business, real estate, and finance, with a primary focus on transactions involving commercial real estate. He oversees and facilitates each stage of the commercial transaction process, from inception to closing. Mr. Guest represents a variety of businesses, including real estate developers, banking and lending institutions, private landowners, private utilities, family offices, restaurant franchisees, and homeowner and condominium associations. His experience extends to the realm of renewable energy, where Mr. Guest has drafted and negotiated solar and wind leases as well as carbon agreements and has assisted clients with battery storage leases.
Ms. Tham is Corporate Counsel at ReVision Energy.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Thursday, March 26, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: trends and developments in solar ground leasing
II. Due diligence considerations
A. For developers
B. For landowners
III. Key lease provisions
A. For developers
B. For landowners
IV. Practitioner takeaways
The panel will review these and other key issues:
- In what ways are solar ground leases different from typical commercial leases?
- What are key landowner due diligence considerations? Developer due diligence considerations?
- What lease provisions are unique to solar ground leases? Key provisions for each party?
- What are best practices for negotiating and drafting solar ground leases?
Related Courses
Default Provisions in Commercial Leases: Tenant and Landlord Negotiation and Drafting Considerations, Unique Issues
Thursday, June 11, 2026
1:00 PM ET/10:00 AM PT
