October 01, 2015

Severed Minerals and Renewable Energy Projects

S. Lauren Reber

Commercial scale renewable energy projects have become increasingly prevalent in the United States, particularly in the western states, given the demand for clean, renewable energy. Developing these projects, which in recent years have shifted to predominantly solar projects in the western states, can be a complicated and lengthy process. Typically, one of the initial matters for development is finding a suitable site for a project that can be acquired either by purchase, easement, or ground lease. Once a suitable site is found, but before securing land rights, it is essential to have a title search conducted on the subject real property to determine any conflicting interests or encumbrances that could interfere with the project, including precluding the project from obtaining financing.

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