For Landowners
Smart Strategies for landowners. Protect your pocketbook by Preserving the Palouse.

No. Eminent domain has never been used to force wind energy leases in Washington State. Eminent domain is a legal process by which government can compel the sale of private property for public use, typically with fair compensation. It is not used arbitrarily to force landowners into private lease agreements with companies. The state of Washington requires that any use of eminent domain must serve a clear public necessity and must provide fair compensation to the affected landowners.
According to the National Agricultural Aviation Association, the installation of wind turbines significantly complicates aerial spraying or “crop dusting.” Wind turbines pose physical barriers that not only alter traditional flight paths but also increase the risk of accidents. There have been unfortunate instances where agricultural pilots have been injured or even killed due to collisions with turbines. The resulting legal battles can lead to costly litigation and increase liability for landowners.
The presence of wind turbines restricts and may even eliminate aerial application options, which is often the only viable method for treating crops. Landowners should carefully consider these impacts, as limiting aerial application for a 30 year lease term may end up costing more than a wind lease will recover.
Entering into a wind lease may alter the classification and usage of your land, which can have significant repercussions on your eligibility for agricultural grants and subsidies. For example, programs like the Environmental Quality Incentives Program (EQIP) from the USDA require that land be primarily used for agricultural production. Installing large-scale wind turbines could potentially shift the primary use of the land from agricultural to commercial, thus disqualifying the land from such programs. Additionally, some state-specific programs aimed at promoting crop rotation or conservation practices might exclude lands used for non-agricultural commercial purposes like wind energy production. Before signing any lease agreements, it’s crucial for landowners to consult with agricultural extension services or legal advisors to understand the specific criteria of the subsidies they are receiving or wish to apply for, ensuring that the new land use will not jeopardize their current or future funding.
Wind turbines can pose several challenges to agricultural operations. One significant concern is their impact on wildlife, including potentially fatal interactions with birds such as endangered hawks. If you find dead wildlife on your property, which you suspect were killed by wind turbines, it’s crucial to follow legal and environmental protocols. Immediately report the incident to local wildlife authorities or the U.S. Fish and Wildlife Service (USFWS), and avoid handling the wildlife yourself to comply with federal laws protecting endangered species. These factors can disrupt normal agricultural activities, requiring adjustments in farm management and operations and increase liability to landowners.
Hosting wind turbines can increase a landowner’s liability in several ways. If an accident or injury occurs related to the turbines—such as from falling debris or turbine failure—the landowner could potentially be held liable. Additionally, if turbines interfere with neighboring properties, for example, through noise, shadow flicker, or impact on wildlife, neighbors may seek legal recourse, implicating the landowner in costly litigation.
Entering into a wind lease can come with long-term financial commitments that may not be immediately apparent. These include possible reductions in the usability of your land for agriculture, potential increases in insurance premiums due to added risks, and the costs associated with turbine maintenance and eventual decommissioning, which may not be fully covered by the leasing company. It’s crucial for landowners to thoroughly review the lease terms and seek legal advice to understand all potential financial liabilities.
Despite the broader potential benefits of wind energy, the local ecological consequences of turbine installation can be substantial. On the Palouse, these might include the disruption of local wildlife habitats and migration patterns, particularly for bird species. The construction and ongoing presence of turbines could also lead to soil erosion and habitat fragmentation, undermining the pristine natural landscape that defines our region.
The construction of wind turbines involves significant disruption to the current use of land. On the Palouse, where the land is not only used for farming but also cherished for its natural beauty, the extensive installation process—requiring heavy machinery, construction of access roads, and possible foundation work—can lead to long-term impacts on soil health and land aesthetics. As stewards of this land, we must question whether these disruptions are justifiable.