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June 25, 2024

Wind Energy’s “Gag Order” – When We Were Told It Did Not Exist –

By John Kraft & Kirk Allen

On August 26, 2021


During a Wind Farm “Town-Hall” style meeting this past June in Vermillion County, Indiana, a member of the audience who supported wind farms, told the public that this particular company did not  prohibit landlords from discussing wind farm related items through a written “gag order” in their contracts. We heard lots of laughter after that comment.

After that meeting, we were forwarded an unsigned contract purporting to be from APEX, Illiana Wind, LLC, which includes, on page 24 of the 31 page document, a provision of confidentiality, and, a provision which requires the landlord to gain the “wind company’s written consent before issuing a press release or having any contact with or responding to the news media with any operational, sensitive, or confidential information with respect to this lease.”

While this particular lease is less restrictive than other wind farm leases we have reviewed, it still sounds like a gag provision to us.

Other proponents of the Wind Farm, Tim and Nancy Foltz, spoke during the meeting, when Nancy said wind farms would be very unlikely to be put on any of her family’s property (See video below). Again, we were forwarded information filed in the Vermillion County Recorder’s office, signed just three months prior, which represents a Memorandum of Lease between Foltz Farms and this Wind Farm Company.


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  • jannie
    Posted at 21:23h, 26 August Reply

    I believe nothing the wind company (which btw don’t operate a “farm”, but a complex). In my county I have seen.. where 3 people who owned a business together – two landowners were given leases the third business owner who own land never knew until there were public hearings about the complex and his co-owners leasing. One woman (whose husband had been opposed when the sales guy came calling – shortly after he (husband)) died – sales guy came calling – talking about her need for money – she then agreed, but was concerned about the location – sales guy said they’d place it in the corner of her property near the property line – near the neighbors. These are just a few things. And, a townspeople never knew there neighbor signed lease intents. telling me there’s no “gag order”. HA HA

  • Nancy Foltz
    Posted at 08:20h, 30 August Reply

    I’d love to talk to the writer of this article, both statement are accurately written in the article attributed to me. Interestingly I have never been interviewed by the writer but if you’d like to contact me I will gladly explain why both facts are 100% accurate. We have a lease AND will likely never have a turbine on our farm.
    I welcome your contact.

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