HB15-1121 - Wind Energy Devel Agreement Recording & Expiration

Passed/Signed into Law
Concerning Agreements Between Landowners And Wind Energy Developers, And, In Connection Therewith, Clarifying The Rights And Duties Of Parties To Those Agreements And The Effects Of Recording An Agreement In County Land Records.

Current law declares that the right to wind energy is a property right appurtenant to the surface estate and governs the creation of agreements between an owner of surface rights and a wind energy developer.

The bill amends and adds relevant definitions, including the definition of a wind energy developer of record, which is the wind energy developer named in an agreement that is recorded in county land records. The bill also specifies that:

  • Like other agreements affecting the title to real property, until a wind energy agreement is recorded, it is not binding on anyone other than the parties and those with notice of the agreement.
  • Rights under a recorded wind energy agreement executed on or after July 1, 2012, expire after 15 years unless the agreement provides otherwise or unless wind-powered energy generation has occurred on the subject property.
  • Once a wind energy developer has determined to begin construction of generating facilities under a wind energy agreement, the developer may record an affidavit stating when construction will begin. If no affidavit is recorded, the developer's rights will expire after 15 years unless the agreement provides otherwise.
  • A wind energy agreement, as well as any release due to the termination or expiration of rights under the agreement, must be recorded in both the grantor and grantee indices and under the names of all parties.
  • If a recorded wind energy agreement expires or is terminated, the wind energy developer of record is required to record a release. If the developer fails to do so within a specified period, the developer and any transferee of the developer's rights under the agreement are jointly and severally liable for any damages to the surface owner that result from the failure to record the release.
Latest update: March 13, 2015
03/13/2015 Governor Signed
03/05/2015 Sent to the Governor
03/05/2015 Signed by the President of the Senate
03/04/2015 Signed by the Speaker of the House
02/26/2015 Senate Third Reading Passed - No Amendments
02/25/2015 Senate Third Reading Laid Over Daily - No Amendments
02/24/2015 Senate Second Reading Passed - No Amendments
02/19/2015 Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/06/2015 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
02/03/2015 House Third Reading Passed - No Amendments
02/02/2015 House Second Reading Passed - No Amendments
01/28/2015 House Committee on Transportation & Energy Refer Unamended to House Committee of the Whole
01/16/2015 Introduced In House - Assigned to Transportation & Energy

3rd Reading Vote Summary - HB15-1121*

House Vote Summary - February 03, 2015
Senate Vote Summary - February 26, 2015
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