Renewable Project? Leasing Requirements

 

 Our attorneys at Gordon Feinblatt will discuss some issues that come up when leasing real estate for renewable projects. Lots of the terms within these agreements are going to be the same in whatever state you're in. But there are just a handful of them, and they're important, that are different in Maryland. One of the issues that we're constantly seeing is the lack of comprehensive language surrounding easements that are needed when leasing a piece of property to develop a renewable project. Maryland has some requirements that make it very difficult for a project developer after a lease has already been executed. In Maryland, a lease with a term greater than seven years must be recorded. When the lease is presented for recording, transfer and recordation, taxes are imposed by the county or the state. We help developers to structure their leases in a way to avoid those significant taxes. Not every project is going to be able to go on a large parcel of land or agricultural land. The popular trend of rooftop solar leases come with their own host of issues. There are project specific considerations that require you to check those leases again before you execute on a particular project. Whether you're working with an option or an option to lease. Our goal is to give it a holistic review, so please reach out if you require assistance with your renewable projects.