INDIANA (ECWd) -
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.