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ND House Approves Landowner Protections For Wind Leases
4/30/2009
It`s not as strong as some North Dakota House members would like it. But representatives have approved a new set of rules that wind developers have to follow when negotiating land-use leases with property owners.

At first the bill banned wind companies from requiring confidentiality agreements on wind leases. The compromise version says confidentiality agreements are allowed in the final lease -- and landowners can consult other people on the lease`s terms before they agree to them.

The bill says any lease needs a cover page telling the landowner he should check the agreement with a lawyer. It gives the landowner some termination rights, and says an agreement can`t make the landowner liable for damage caused by the wind farm.

Pettibone Representative Duane DeKrey says some existing leases are unfavorable to landowners. Valley City Representative Phil Mueller says the state needs to provide some guidelines -- and he says wind developers should welcome the idea.

Edgeley Representative Mike Brandenburg opposed the bill. He says wind developers have treated landowners well, and he`s afraid too many rules will drive them off.

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