Paying for a lawyer. Ask the wind power company to pay to have any agreement reviewed by a lawyer who will work for everyone in the area. Find out what risks you're taking before the fact - before it's too late.

Ask about transferability. Add a clause that stipulates that the agreement cannot be transferred by the wind company to any person or company without your approval. If the company is truly in the wind business, they will be willing to pay you a fee if the lease is transferred.

Be very concerned about appearance. None of the leases we've seen address the appearance of the turbines, but you might have to look at these things for 50 years.

     - Add a clause that prohibits advertising on the tower
     - Add a clause that stipulates that the paint color be agreed upon
     - Add a clause that requires the tower be painted within 6 months of the appearance of rust or discoloration
     - Add a clause that covers full and effective reclamation of the site when all is done

Be mindful of building restrictions. Attach a map of the property to the agreement that outlines areas where new buildings over 6 stories tall can and cannot be built.

Ask where the developer will obtain his fill material. Under no circumstances should a developer use fill taken from your land. They skim off good topsoil, scarring your land and reducing crop capabilities.

Be sure you're aware of any toxic gear oil storage on your land. Many wind towers have a reservoir of toxic lubricating oil (PCPs) in the generator compartment. You can (and should) prohibit the use of such oil in the lease.

Be sure your contact has an option to terminate. Add a clause in your contract that stipulates the contract is ended if construction has not started on a wind tower within five years from the date of signing. Do not sign a contract without a clear beginning and a clear end.

Payment Option. Set the option payment at a minimum and escalating according to the value of your land. The minimum should be at least $ 5,000, and the option should cover annual payments while a test tower is in place, as well as crop losses and any other related expenses. You should become an owner of the wind data collected if no tower is built within five years.

Rent. Change the clause with respect to rent so the percentage of gross income paid to the farmer starts at 3% or more. Rent should apply to all income from the project including green house gas credits, etc. Once the tower has paid for itself the rent should increase. Change the rent clause so the percentage of gross income paid to the farmer increases with the cost of power or at set intervals of 2 to 5 years, so rent rates rise to about 10% over the term of the lease.

Insurance.  Add a clause stipulating that the wind power company must produce a certificate of valid insurance covering liability to the farm and others each year and that in any event it assumes full liability for all damage caused by the wind tower.

Protect your capital value. Add a clause requiring the wind power company to make whole any losses in resale value that might occur as a result of the lease or a wind tower being in place. If the wind tower effects your land value, losses might not be covered by rent.

Your Other Rights. Some leases have clauses that appropriate your development rights for aggregates, ground water, top soil, sale outside of the family and even your right to speak in public on wind power questions. Any such clause should be stricken from the agreement.

Insist on a cooling off period. Have a clause that states that either party may cancel the agreement within 30 days without reason or penalty.

0ther Development. If the property might be valuable for other development in the next 50 years, think. At most, sign a lease that commits you for no more than 20 years if, for example, you feel your land might be valuable for urban or other development. Such development is simply not compatible with industrial wind farms, and you're shutting yourself out of far more lucrative use of your land.

Power Sales. Stipulate that you get to approve any contract for power sales. Without this approval option in place, the power can be sold to a third party firm held by the wind power company and the 3% rent you were hoping for will 3% of very little.

Insure reasonable times of access. Stipulate that access to any wind turbine on your land is during ordinary business hours and requires permission on weekends, at any time or hour in an emergency and that the wind power company agrees to defer any activity except emergency repairs that interfere with seeding, harvest, calving, lambing, or other farm or family activities that are time restricted

Area of Lease. Limit the area covered by lease to a suitably small area – lease no more land to the wind company than absolutely necessary. Remember, leasing means control.

Insure that the agreement applies to one lot only. Limit the agreement so it only applies to the actual lot leased and that there is no reference to any other land owned by the farmer.

Insure you are leasing wind rights only. Do not allow any clause that gives the wind power company a right of first refusal or an option for any purpose other than the use of the wind. Such clauses encumber sales, wills, development of other businesses, etc.

Term of the lease. Suggest a 3-year option, 20 years for the first term of lease and 5 year renewals to follow. These time frames provide company with enough time to do tests and make profits and they bring the replacement date for the generator and the lease renewal dates closer together, which improves your negotiating position.

Assessment and property taxes. The land owner is ultimately responsible for taxes – a clause to require the wind power company to pay taxes associated with the wind turbines is essential and it requires an enforcement clause. You cannot afford their taxes unless you have their income. In case of default, you should get the licenses to produce and sell power.