I've spent a lot of time talking to, with, and about right of way issues, contracts, and leases.  I can just barely remember not having a high line across the farm.  At one time we had 7 poles to farm around.  Should have had 8, but the neighbor moved the survey stakes so he got the $600 for the pole. 

We are just across the Wabash river from a generating station that in the late 50's / early 60's was the biggest single turbine generating plant in the world.  It's gone but the distribution system is still there. In addition a 1000 acre solar farm is just up the road and had to get into the existing 345,000 volt line.  Well, I say existing.  Ameren totally replaced it a couple years ago.  This required a switch yard which Ameren just insisted had to be on some ground Mom owned. 

Oh, and the Grain Belt Express is coming.  It almost HAS to cross us to get to the switching station across the river.  The red star is on top of us.  The planned route crosses about 200 acres the family owns plus some more that we farm.  Did I mention it is right next to the existing line?


Let me offer a few suggestions.  First is never accept the first, second, or third offer. The absolute best leasing agent (I dealt with several) was a woman.  I'm no good with ages but 40's or 50's, that is best described as a down home country girl.  Don't be deceived, she was sharper than a Chicago lawyer selling used cars.

Almost everything is negotiable. The first solar farm highline easement was for 1/4 mile next to the road. It was 26 pages long. I got them to send it as a Word document then proceeded to strike out over half of it and rewrote most of the remaining. We went back and forth several times.  When I got done i took it to a lawyer I knew.  He looked at it and said he wouldn't change a thing.  Then the project went broke before we signed anything.

 Read every word considering how this could be spun to your disadvantage. For example most will have wording similar to “… includes … over the property of the Landowner ...Property adjacent to and between public roads and the easement”

Don't allow it. One easement basically gave them to right to drive anyplace on my 80 acres they wanted, even though the actual affected area was less than an acre. If they want to go around the barn and through woods, they can specify exactly where.   This became a big deal when Ameren replaced the old high line.  Contractor went where he wanted regardless of how muddy it was.  When it came time to settle damages they paid dearly for not only making huge ruts and compaction, but getting 1000 feet off the ROW.  I didn't cut them any slack.

Another phrase to watch for is "In XXX's discretion."  That gives them the keys to the kingdom to change whatever they want and you have no recourse.

 Watch out for things like “Landowner may not have access to or use of the Easement Area for any purpose…
This was especially important to us because the ROW interferes with 3 irrigators.  If we cannot irrigate because of their activity we need compensated for the loss on the entire property, not just the ROW.  Don't assume it is so, put it in writing.

I would not agree to their notifications.  It said something like notices shall be considered given with deposited in the mail or with a courier.
Nope, have no faith in the Postal Service.  I changed it to notice is considered given when we have it in our hands and sign a receipt.

Every contract had something like “shall maintain in the strictest confidence all information pertaining to the terms of or payments under this Agreement: and, shall not publish, or otherwise disclose it to others, or permit its use by others for their benefit.  

Nope, not signing it if that's in there.  I forget the exact wording but the final agreement was a little different.  Because we have center pivot irrigation, placement of poles and clearance to power lines is very important. All of our agreements have a statement similar to "cannot interfere with the operation of the irrigators"  Not should not, not may not, CANNOT.  If you have things that cannot be interfered with, put it in there.  Be specific and general at the same time.   Consider how the words can be spun.