Colorado Real Estate Journal – Wind Energy Bill Would Require Wind Energy Agreements

As development of wind farms has grown in Colorado, questions have arisen concerning the legal nature of the wind flowing above the ground. The proper characterization of wind rights has become increasingly relevant as property owners look for additional sources of revenue from their holdings. If the “wind estate” is severable from the surface estate, then the wind estate owner and the surface estate owner would have competing interests for the beneficial use of the surface.

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