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Solar Lease Negotiations from the Landowner's Perspective

In examining the evolution of oil and gas leases and related energy industry agreements in the recorded public records, it is interesting to observe when certain clauses begin to appear and how they develop with the passage of time as additional agreements are drafted. These modifications almost always emerge to address concerns that were not apparent to the parties during the early days of the particular industry, but eventually became problematic as basic forms were applied in practice. In this context, necessity remains the mother of invention. In the same manner, it is anticipated that solar lease drafting practices will evolve to address lessons learned by landowners and lessees as a result of the first wave of widespread solar development in Texas. In the meantime, attorneys that represent landowners must anticipate potential problems by employing a creative approach that considers various hypothetical scenarios and outcomes for each unique client and tract of land. This requires a high degree of situational awareness and attention to detail, in addition to a base knowledge of how solar power is generated, stored, transported and marketed.
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Commercial Property Owners Association

The structure of the project and the content of the governing documents used by POAs in commercial developments varies with the needs, purposes, and desires of the developer as well as the nature of the purpose and the market it serves. Whether the development is a multi-hundred-acre warehouse center or five-unit condominium office park, separate ownership coupled with shared common areas, easements, and other interests make it necessary for an efficiently operating POA to be in place to keep it thriving. Administrative success and minimizing liability require comprehension of the concepts and interrelationships intrinsic to a commercial POA. The desired balance that optimizes the derived benefit of the community concept to owners of commercial sites calls for insight and prescience provided by its professional support team.
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The Business Law Section of the State Bar of Texas provides resources in the fields of corporate, securities, commercial, banking and bankruptcy law for attorneys in the State of Texas.

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