Will my property value be hurt over time? In this area our land values have gone up quite a bit over the last 10 years. Studies that show a 25% decrease in land values after Turbines. What is 25% of your total land value?
Is this 25% more than your lease payment-if you get a lease, and if you get a Turbine. You may only get the minimum payment if you get no Turbine-and only get wires overhead and underground. The developer doesn't know-and won't guarantee you get a Turbine.
You are locked into these lower values for decades if you sign. Do you want to lose the chance for your property to go up in value-and for there to be more people who might buy? Talk to real estate agents in areas where these Industrial Turbines are located about demand for these type properties.
Is it worth tying my land up in a multi-year option for a small payment while the developers attempt to get enough options so they can offer you a lease?
If I lose my agricultural exemption, and my taxes increase, how will that affect my land value?
Taxes
Am I currently under an agricultural exemption for my property taxes? You could see a sharp rise in your taxes if this changes. Each Turbine costs a few million dollars, and this capital improvement can, and should, be taxed as such.
Laws and regulations regarding taxes and government programs frequently change. If you sign a lease for 20, 30, 40 years-how can you be sure that your taxes won't skyrocket due to wind income in that time?
The largest proportion of tax in our counties goes to the school districts. Any abatement or reduction of these taxes represent an increasing tax burden for everyone in these counties. This is unfair and should be denied by these school districts as working against the interests in the students of these schools. Turbine Development should pay its fair share of taxes for our schools.
How will I handle a change in taxes if I am locked into an agreement for decades? Can I afford to sue the owner of the project to change the terms of my agreement if my taxes go up and they aren't covered fully?
Land Use
How will I contend with the large gravel roads needed to get to the Turbine pads, and Operations and Maintenance buildings-and the traffic to and from them?
Does your agreement now specify all terms that could protect you-and do you HAVE to sign the lease agreement once it is created if you only signed an option?
Why is there a Non-Disclosure Agreement in my contract? Is it the same reason the developers won't share details of the development with the communities?
Do I own the mineral rights to my property? You may be giving up any chance for future development of mineral or subsurface resources. Are you ok with the mining of road gravel and material on your property with a small payment for this?
Have I given the developer a right to drill water wells on my property as part of my lease? This is a valuable resource in Texas-and should be protected and paid for at fair value.
Does my property currently receive benefits from Conservation Reserve program or any other government funded subsidy that could be lost if my land use changes?
Do I lease my land for hunting and fishing? Will I still see this income if there are turbines raised on or near my land?
Will my turbines affect my neighbor's land use? If my choice to lease causes a nearby RV park or other business to lose business-am I prepared to pay damages?
Legal and Lease-See button about coming legal action against lease signers
How familiar is my lawyer with the complexities of very long term wind leases? There is very little room to escape these leases. You have to make certain you are protected. 2500.00 isn't much legal work for a complex lease like this. Make sure to use a specialist for such a serious commitment.
While you have been offered a Lease Option, are the terms being shared for the long term lease BINDING? In the case of Bait and Switch, what happens to your agreement if you DON'T get a Turbine on your land-but your property is still tied up in the lease? You will find that this is the hidden thing that will hurt you. And the developer has full rights to locate the Turbines where it best suits them.
Have you been told "well so and so has already signed, so don't miss out"? This is one of the oldest tricks in the book by land agents-its called "fear of missing out". We have heard from a few locals that their names were used to try to convince neighbors-though they had told the agents NO.
Are you sure the laws won't change? You can be certain that there will be changes in law and regulations. You could end up stuck in a long term agreement that hurts you in the future.
There are groups seeking class action and declaratory actions and damages against landowners and developers who cause harm to property rights. Are you factoring in the costs of getting involved in these lawsuits?
While the desire to make money from your land is your right; what impact will your decision have on your community?
Why are these developers targeting absentee owners first, and not sharing the information about their plans with the communities if these Turbine Plants are good for the people who live in them?
Will your decision cost your neighbors, towns and schools money in increased taxes and lost revenues for their businesses?
Do I have alternatives to Industrial Turbine Development to increase my income?
Do you have any idea who these developers will sell out to? You are likely signing up to be in business for decades with a company from out of the country without even knowing it. And to help send our tax subsidies and electricity revenues overseas as well.
Do you care about the impacts to the wildlife, the quiet and the landscape that these project bring? This isn't solar, or even a oil or gas well or pipeline. We all will have to live with your decision. Please think about the rest of us.
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