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Table of Contents

Chapter 1 — Environmental Law and Contemporary Drainage Issues

Chapter 2 — Wind Farms

I. [2.1] Scope of Chapter

II. [2.2] Wind Power in Illinois

III. [2.3] State Law Regulating Wind Farms

IV. [2.4] Life Cycle of a Wind Project

V. [2.5] Components of a Wind Turbine

VI. [2.6] Typical Wind Development Lease Provisions

[2.7] Recitals

[2.8] Description of the Property and Title Searches

[2.9] Purposes

[2.10] Overhangs

[2.11] Nonexclusive Construction Easement

[2.12] Nonexclusive Easement for Ingress and Egress

[2.13] Nonexclusive Easement for Distribution and Collection Lines

[2.14] Landowner’s Continued Right To Use the Property for Any Purpose

[2.15] Release of Any Remaining Property

[2.16] Adjustments

[2.17] Project Terms

[2.18] Payments

[2.19] Crop Loss and Compaction

[2.20] Underground Cables and Drainage Tile Repair

[2.21] Removal of Wind Power Facilities

[2.22] Aerial Spraying

[2.23] Increases in Property Tax

[2.24] Wind Developer’s Warranties and Covenants

[2.25] Landowner’s Representations

[2.26] Indemnification

[2.27] Permitting and Zoning

[2.28] Mortgage Subordination

[2.29] Crop Leases

[2.30] Equity Financing and Mortgagee Protection

[2.31] Extensions of Time To Prevent or Cure Default

[2.32] New Lease upon Lessee’s Default

[2.33] No Merger

[2.34] Landowner’s Right To Terminate

[2.35] Force Majeure

[2.36] Miscellaneous Lease Provisions

[2.37] Confidentiality

[2.38] Summary

Authors

Jon Micah Goeller
Jon Micah Goeller
Jon Micah Goeller is a senior associate at Husch Blackwell LLP in Chicago, where he focuses on energy and environmental law. He is a member of the American Bar Association’s Section of Environmental, Energy, and Resources and a Board Member of the Dunes Learning Center and Northwest Indiana Paddling Association. Mr. Goeller received his B.S. from Indiana University, his M.P.A. from Indiana University Paul H. O’Neill School of Public and Environmental Affairs, and his J.D. from the Indiana University Maurer School of Law.
Molly H. Snittjer
Molly H. Snittjer
Molly H. Snittjer is legal counsel to Trajectory Energy Partners in Chicago, where she focuses on energy and environmental law. She is Cochair of the Chicago Bar Association’s YLS Environmental Committee. Ms. Snittjer received her J.D. from Notre Dame Law School.

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Farming Law: Environmental, Drainage, and Wind Farm Issues 2024 Edition

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