WHO OWNS THE WIND?

Wyoming Considers Nature Of Wind Rights
Matt Joyce, October 4, 2009 (AP via CBS4 Denver)

"As developers pursue the construction of wind farms in Wyoming, some questions linger about the nature of wind rights and how they relate to land ownership.

"Wyoming lawyers generally agree that whoever owns the surface of the land also owns the rights to develop wind resources. But the Wyoming Legislature has not addressed whether landowners can sever wind resources from their property, as state law allows for mineral resources…"

Actually, they're both PLENTY feasible, which is why the law needs to be clear about the rights of the landowners on which the sun shines and the wind blows. (click to enlarge)

"Federal law doesn't address whether wind rights can be severed from surface estate. Some nearby states, including South Dakota, North Dakota and Nebraska, have enacted laws tying wind resources to the surface estate. Nebraska passed its law this year, while North Dakota addressed the issue in 2007 and South Dakota in 1996.

"When wind rights are severed, it can be burdensome to the landowner…[The owner losses] control over the surface of the land…[I]t could be complicated to negotiate land access between a surface owner and a different party with ownership of the wind resource…[If one party owns both, the incentive is to optimize all uses]…"

With wind assets like this, it's obvious why Wyoming needs to get these legal niceties settled. (click to enlarge)

"Ronald Lehr, western representative for the American Wind Energy Association, a trade group, said wind developers are accustomed to dealing with restrictions on land they lease to build wind farms. The association recommends that landowners get a lawyer to make sure their rights are protected when negotiating with developers…

"Dennis Stickley, a professor of energy law at the University of Wyoming, said he's heard of examples in Wyoming of landowners splitting their surface and wind rights. He said the Wyoming Legislature should address the question of whether that should be legal…[but the] chairman of a [Wyoming] legislative task force studying potential wind laws said he doesn't believe the Legislature [is knowledgeable enough to] tackle wind rights during this winter's session…"