Who owns a wind turbine?
It bears repeating that if you are a land owner who has wind facility infrastructure placed on your property to seek experienced legal advice in regards to the implications and liabilities of being involved in a wind project. Take time to review the current title on your property and don’t be surprised to find debentures (totaling in the sum of tens of millions of dollars) and other instruments attached as is the case for many properties hosting projects located in southern Ontario.
In a recent dispute in Illinois a landmark court decision was issued involving a lien placed by a contractor seeking to recover unpaid sums for construction work done for the Clipper Windpower project. The owners Postensa Wind Structures USA declared bankruptcy in 2013.
“According to John Kreucher, an attorney with Howard & Howard, this is the nation’s first case that considered whether commercial-scale wind turbines should be deemed personal property or fixtures in a lien dispute. Kreucher also says the importance of the ruling goes beyond the legal filing.”
READ COURT DECISION HERE: