What I do
Most landowners first encounter an energy lease when a developer makes an offer. I represent landowners at every stage, from the first letter of intent through the signed agreement.
Three levels of representation
Each engagement is scoped to your situation and can be expanded as the matter develops.
Initial review
For a letter of intent, term sheet, or short option
I review the proposal, meet with you for approximately one hour, and provide a concise written summary of key concerns and recommended next steps.
Comprehensive review
For a complete option and lease
A written analysis of the material issues, ranked by significance, followed by a consultation to review them together. You will understand what you are signing and which terms are worth negotiating.
Review and negotiation
When you are ready to respond to the developer
Everything in a comprehensive review, plus a marked-up agreement and direct negotiation with the developer on your behalf. I focus on the provisions that matter most, so that a sound transaction stays on track.
Flat fees only
Flat fees only, with no hourly billing. You will know the cost at the outset.
Many developers will reimburse some or all of a landowner's legal fees. I can help you request it.
What to prepare
- All documents received from the developer
- Your deed or tax parcel number
- Any mortgage or other lien on the property
- Clean & Green enrollment, farmland preservation, or conservation easements
- Existing agricultural, hunting, or oil and gas leases
- The names of all record owners
Key issues I review
Every agreement is different, but the following issues arise in nearly every transaction.
- Compensation, escalation, and payment timing
- Option term and termination rights
- Leased acreage and equipment siting
- Substation, battery storage, and transmission rights
- Access, fencing, drainage, and crop damage
- Property taxes and Clean & Green rollback taxes
- Insurance and indemnification
- Assignment, project financing, and developer insolvency
- Decommissioning, restoration, and financial security
- Succession and estate planning considerations
Common questions
A solar company sent me an option agreement. Should I sign it?
Not before someone on your side has read it and advocated for you. Most option agreements attach the full lease, so signing the option usually locks in the lease terms too, often for decades, while the developer keeps the right to walk away. The time to negotiate is before you sign anything.
Will hiring a lawyer scare the solar company off?
Not when the negotiation is handled thoughtfully. Developers expect landowners to have a lawyer, and I focus on the terms that matter most rather than contesting every clause.
What does it cost to have you represent me in the solar lease negotiation?
The initial consultation is free. After that, I charge a flat fee, agreed in writing before work begins.
Will the solar company pay my legal fees?
Often, yes they will. Many developers will reimburse some or all of a landowner's legal fees. It is worth asking early, and I can help you make the request.
How much should a solar lease pay per acre in Pennsylvania?
It varies widely, depending on your location, how close the land is to a substation or power line, and the size of the project. The per-acre rent is only part of the picture. Annual increases, signing bonuses, when payments start, and which acres are counted can matter just as much as the payment per acre. I can help you understand how your offer compares to what's out there in the market, where there is room to improve it, and then drive an informed negotiation to seek the best terms possible.
Can I keep farming the rest of my land?
Often you can, on land outside the project area. Many projects also allow sheep grazing under the panels. The lease should spell out exactly which acres the developer controls, how and when they can cross your property, and how crop or drainage damage will be repaired.
What happens to my Clean & Green enrollment if I lease land for solar?
Taking enrolled land out of farming for a solar project can trigger rollback taxes that look back several years, and your property taxes may rise. A well-drafted lease makes the developer responsible for those costs, not you.
Who pays to take the panels out when the lease ends?
The developer should, and the lease should require financial security, such as a bond, so the money is there even if the company is sold or goes out of business. Pennsylvania's new decommissioning law (Act 44) sets minimum requirements, but your lease can require more, including restoring the soil so it can be farmed again.
Do you ever work for the solar companies?
No. I only represent landowners, never the developer across the table.