Site acquisition and successful landowner relationships
- Hillyer & Irwin, San Diego, CA (United States)
It is now quite some time ago in this industry that the objections of a landowner to the granting of an easement for a new road could be overcome by the use of a bulldozer. The attitude sometimes was build first, negotiate later. That attitude, of course, was not appropriate then, and it is not now. As one of the long term (perhaps longest term) {open_quotes}partners{close_quotes} in project development and operation, the owner of the land under a project site must be dealt with fairly, reasonably, and in a way which will minimize or avoid disputes. Here, we present a few suggestions for starting the relationship with the landowner off on the right track. In establishing the legal form of the deal, whether by easement or lease, the goal should be to seek stability, not advantage. There will be too many times when each party will need the consent of the other to allow the development of a situation where on each such occasion, the consenting party will expect some sort of tribute or consideration. For example, one common type of consent is that by the landowner to minor elements of project finance requirements. And no matter how carefully the terms of the lease or easement are negotiated, lenders and their counsel will want changes. If the relationship with the landowner is established on the basis of long term cooperation, it should be no trouble to obtain these consents. If, on the other hand, the developer attempts to gain its project profit margin at the expense of the landowner, it can count on giving the landowner his {open_quotes}pound of flesh{close_quotes} every time the developer or operator needs something from him.
- Research Organization:
- American Wind Energy Association, Washington, DC (United States)
- OSTI ID:
- 269364
- Report Number(s):
- CONF-950309--; ON: DE96011159
- Country of Publication:
- United States
- Language:
- English
Similar Records
Negotiating and drafting the oil and gas lease for the agricultural landowner
Negotiating the sale and purchase of landfill gas