Headlines about federal policy disputes and regulatory delays may suggest that renewable energy is losing momentum nationwide. But here in New York State, the story is different. Wind and solar projects, particularly those involving local landowners, aren't just moving forward — they're expanding.
For residential and rural landowners, that means new opportunities…and some new legal considerations.
Why New York Is Different
New York’s Climate Leadership and Community Protection Act (CLCPA) set legally binding targets: 70% renewable electricity by 2030 and a carbon-free grid by 2040. These mandates ensure that, regardless of uncertainty at the federal level, renewable energy development will continue in the state.
Benefits for Landowners
Leasing Opportunities: Solar developers are actively seeking residential and agricultural land for community solar projects. Leasing land can provide long-term, stable income with minimal disruption to day-to-day use, provided that your energy lease advocates properly for your interests.
Purchase Offers: Recently, some developers have begun offering to buy land outright instead of leasing. While this can provide an immediate payout, it requires careful diligence to ensure the sale price reflects the true value of the land—and to avoid unintended consequences such as losing valuable agricultural or other tax exemptions.
Property Value and Improvements: In many cases, land used for renewable energy can see increased value due to infrastructure improvements and utility access.
Local Economic Growth: Wind and solar projects often come with community benefit agreements, delivering upgrades to local infrastructure and tax revenues that can directly support schools and services.
The Legal Side: Why Guidance Matters
With opportunity comes complexity. Landowners considering solar or wind agreements should pay careful attention to:
Lease or Sale Terms: Location, duration, renewal rights, compensation, and purchase price negotiations are key.
Property Use Restrictions: Some agreements may limit farming or future development.
Transferability: Ensuring your rights and obligations are clear if the land is sold or inherited.
Tax Implications: Lease income, land sales, and property tax assessments, including the loss of agricultural or other exemptions, need careful planning.
Our firm regularly helps New York landowners evaluate these agreements, negotiate favorable terms, and avoid common pitfalls. Federal uncertainty may dominate the news, but here at home the demand for renewable projects is strong—and landowners are in a unique position to benefit.
Bottom Line
Federal roadblocks aren’t stopping New York’s clean energy transition. For landowners, that means now is the time to understand your options, protect your property rights, and position yourself to benefit from one of the state’s fastest-growing industries.
If you’ve been approached about leasing or selling your land for solar or wind development, we can help you review the fine print and make sure your interests are protected.
