Renewable Energy

In 2019, for the first time, Texas produced more energy from renewable sources than from coal. Renewable Energy is not new, but it is growing in Texas and becoming more popular among developers, landowners, and traditional energy producers alike.  Because wind and solar farms frequently involve large expanses of land, they necessarily affect the rights of surface and mineral owners.

MBB’s extensive Oil and Gas, Real Estate, Business Law, and Regulatory practices give us the ability to fully understand the needs of our Renewable Energy Clients. MBB works with both landowners and renewable energy companies through all phases of a project. From negotiating, drafting, and reviewing wind and solar leases, to creating access and development agreements with mineral owners, MBB will be there to help make your wind or solar project a success.

Solar energy and wind leases impact the use and usability of land for many years. The ability to concurrently use the land for ranching or farming often arises when negotiating the terms of solar and wind agreements. Similarly, the ability of mineral owners to access the land for development of the traditional mineral rights must be considered prior to breaking ground on costly projects spanning hundreds or even thousands of acres.  We approach the leasing process with an eye for issues involving increased ad valorem tax appraisals and loss of agricultural exemptions, targeted development for landowners who will continue to live on or work the lands, and protections to ensure that the land is respected during development, construction and operations, then restored to its pre-existing condition at the appropriate time.

We provide high quality mineral ownership reports, as well as title insurance, for solar developers. Furthermore, MBB can draft all documents needed, including power purchase agreements, surface waiver agreements, surface use agreements and pad site location agreements. At MBB, we leverage our vast knowledge and experience to better implement solutions for both renewable energy producers and for landowners.

Renewable Energy Services:

  • Lease Review, Negotiating, and Drafting
  • Surface and Mineral Title Reports
  • Title Insurance Policies
  • Resolving title issues through negotiation and curative instruments
  • Access and Development Agreements
  • Accommodation Agreements
  • Easement and Right-of-Way Agreements
  • Drafting Land Use Agreements
  • Assisting with Transmission and Regulatory Issues