Solar Agreements In New York State
By David Ganje of Ganje Law Offices
Recently new solar collection projects are appearing in Sullivan and surrounding counties in New York. Solar collection systems are not new to the area or state, but are becoming more feasible because of technology and government support. Solar agreements with landowners are a viable economic opportunity for landowners but are nevertheless, at the same time, what I call a ‘second marriage’ of the landowner.
I suggest landowners review an article on the web found at the following link: http://www.wiseenergy.org/Energy/Leaseholder.pdf
The article discusses some of the legal and economic issues landowners and farmers should consider when contracting with a solar energy company.
The long-standing questions of preserving property rights while giving up other rights are addressed in the article. Of course a landowner should not rely on web articles as formal legal advice but informing oneself of the many issues is important.
While I am a pro solar energy development person, I also maintain that property rights are more essential to address in any long term agreement than the immediate economic benefits of having solar on one’s property.