Colorado & Nebraska Attorneys

Keller Law Practice areas
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     Phone: 877-529-2125  

Wind Easements

The development of wind energy across Colorado and western Nebraska has the capacity the change the landscape of our rural communities drastically.  Wind easement, leases, and development agreements vary from just a few years to upwards of fifty of sixty years. Negotiations on wind energy documents are key in protecting your farm or ranch operations as well as maximizing the financial aspects.  Impacts to your farm and ranch operations may include (1) construction phase damage such as soil compaction and damage to crops, drainage structures, terraces, fences and other farm property (2) restrictions on improvements or aerial spraying that you otherwise planned or routinely undertake, (3) potential changes to your configurations due to turbines and access roads resulting in new end rows, strips inaccessible to large equipment, irrigation disruptions and irregular fields that reduce efficiency of field operations and (4) snow removal or erosion issues due to changes on the ground from new roads or turbines. Our firm can assist in negotiation of wind energy development agreements such as:

  • Option: Gives the developer the right to lease the land at an agreed-upon price, subject to agreed-upon terms.
  • Access Easement: Allows the developer to travel across your property and construct roads to reach turbine areas.
  • Construction Easement: Gives access for construction of turbines and support equipment, as well as temporary “lay-down” areas for equipment and machinery storage.
  • Transmission Easement: Allows developer to construct and operate underground and above-ground transmission lines and substations.
  • Wind Non-obstruction Easement: You agree not to construct any improvements that could interfere with wind speed or direction.
  • Overhang or Encroachment Easement: You agree to allow turbine blades to overhang your property, even if the turbine is not on your land.
  • Noise Easement: You agree to allow a certain level of noise from the turbine.


 Our negotiations on wind energy are geared to addressing potential affects on your farm and ranch operation, establishing clear time periods for those agreements, understanding and limiting your obligation on those agreements, compensation and reclamation when the operations cease or the agreement terminates.