How Occupancy Agreements Affect Renewable Energy Cos.

Law360, New York (September 19, 2012, 12:19 PM EDT) -- Renewable energy companies, such as those that focus on wind and solar energy projects, should take a close look at the occupancy agreements they use to acquire rights from landowners to install their wind turbines and solar panels.

Despite the label at the top of the document, the intent of the parties, as indicated by the substance of the agreement, dictates the type of agreement. Treatment of real property interests differs by state, but the example of New York law demonstrates the importance of clarifying the...
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