In Part 1, we explained how Swift Current Energy’s wind lease could tie up your land for 67+ years — and potentially forever.

In Part 2, we’re focusing on the payment terms, the rights you lose, and what it really means for landowners like you.

We’ve gone line-by-line through the full lease and Exhibit B, and this post explains what you’re signing away — and what you’re really being paid in return.

SECTION 1: Swift Can Use Any Part of Your Land — Not Just Turbine Sites

“Lessee is granted access and overhang easements to build and operate wind turbines and facilities.”

This includes:

• Roads
• Powerlines (overhead or underground)
• Substations
• Trenches
• Storage areas
• Meteorological towers
• Blade overhangs and staging zones

And it applies to any part of your land, even if no turbine is built there. You do not get to restrict them to just one small spot.

SECTION 2: You Have No Say in Where Anything Goes

“Lessee will consult Lessor during site planning… but retains sole discretion.”

This means they don’t need your permission to:

• Place a turbine
• Dig trenches or bury cables
• Clear trees
• Cross farm roads or food plots
• Build within view of your house

You can give feedback — but they don’t have to follow it. There’s also no required setback distance from homes or property lines in the lease. Unless your township has a turbine ordinance, they could place one extremely close to your house.

SECTION 3: You Can’t Build Without Swift’s Permission

“Preventing Lessor from planting or building structures over 35 feet tall without prior approval.”

This is a hidden restriction that could last decades. Structures that could be blocked include:

• Barns (most in PA are 38–42 feet tall)
• Silos
• Grain bins
• Hay sheds
• Utility buildings
• Communication towers
• Homes with steep rooflines or second floors

Even if the turbine is 1,500 feet away, you’ll need written permission from Swift to build anything tall.

SECTION 4: They Can Restrict Your Access to Your Own Land

“Lessee shall have the right to restrict access… to protect its operations.”

That gives them legal authority to:

• Fence off fields
• Shut down woods roads
• Prevent you from hunting, planting, or grazing near infrastructure
• Block ATV paths, crop zones, or snowmobile trails

This is enforceable for the entire life of the lease — or longer if equipment remains on site after the term ends.

SECTION 5: They Can Use Your Land — Then Walk Away from It

“Lessee may release land portions during the term and is not obligated to pay rent for released portions.”

They can:

• Clear land
• Use it for staging or access roads
• Then walk away — and stop paying for it

You have no say in which acres they keep or drop. And there’s no obligation to return that land to usable condition unless legally required.

SECTION 6: What You Actually Get Paid — Line by Line

Option Period (Years 1–7):  “$8 per acre (Year 1), $10 (Year 2), $12 (Year 3), $14 (Year 4), $16 (Year 5), $18 (Year 6), $20 (Year 7).”

This is paid before they begin construction. During this time, they can still run tests, access your land, dig, clear, and prep infrastructure.

Examples (50 acres):

• Year 1: $400 total
• Year 4: $700
• Year 7: $1,000

If no turbines go in and they walk away in Year 7 — that’s all you ever receive.

Lease Period (After Power Sales Begin):

“Acreage Rent means $16.00 per acre… Beginning with the second full Lease Year, the Acreage Rent shall be increased by 2.5%.”

This kicks in once turbines start generating power. But instead of continuing upward from Year 7’s $20/acre, it drops back down to $16/acre.

Examples (100 acres):

• Year 8: $1,600
• Year 9: $1,640
• Year 20: ~$2,046
• Year 30: ~$2,616

This is per year, even if turbines or roads are on your land.

SECTION 7: What If You Get a Turbine?

"Annual Rent… shall be the greater of: (i) Acreage Rent; (ii) Capacity Rent; or (iii) Production Rent.”

That means they might pay you based on:

• How large the turbine is (capacity rent)
• How much power it produces (production rent)
• But only if that amount is higher than your per-acre rate

Most turbines today are 2 to 4 megawatts (MW). Industry averages say landowners may earn:

• $3,000–$5,000 per MW
• Or 2–4% of the revenue from electricity sales

That’s where the $5,000–$15,000 per turbine per year estimate comes from. But:

• These rates are not listed in the lease
• Swift can use fine print and hedging clauses to reduce their “reported revenue”
• And if they say your Acreage Rent is still “greater,” they can legally pay you just that

SECTION 8: Meteorological Towers

“$2,500/year per tower, increasing 2% annually.”

If you’re selected for a wind data tower, you get this payment. These towers are usually installed early and may stay for the life of the project.

But they only go on a few properties. Most people won’t get one — and won’t see this money.

SECTION 9: You’re Paid Far Less Than Other Land Uses

Let’s compare:

• Hay leases in PA often bring $40–$100 per acre
• Pasture leases for cattle are similar or more
• Hunting leases range from $25 to $50+/acre depending on wildlife and location

Under this lease, you’re giving up full control — and getting paid less than a neighbor might make just for letting someone bale hay.

SECTION 10: Long-Term Consequences

“Lessee removes all facilities to 3 feet below grade within 12 months of termination.”

That means:

• Deep foundations stay
• Concrete stays
• Wiring stays
• Compacted soils and drainage problems? Not Swift’s problem

There is no clause requiring them to return your land to working condition unless a local law forces them to.

And again — you cannot cancel this lease. Swift can walk away. You cannot.

Final Thought

We are currently working on the third part of this series — a post about what happens at the end of the lease, what Swift is actually required to remove, and what happens if they walk away or sell their rights to another company. We’ll release that soon as we finish digging through the details.

In the meantime, if you or someone you know is thinking about signing this lease — please slow down. Read everything. Ask questions. Get legal help.

Because once you sign — you’re locked in, and the cost to your land, legacy, and family might not be worth the check.

Keep the pressure on. Keep the power for NY in NY.

Sign and share the petition: change.org/BlackCherry

Disclaimer: We are not attorneys and this post is not legal advice. We are individuals familiar with contract review and lease agreements and are sharing this analysis to inform and protect our local community. Landowners should consult an attorney before signing any agreement. All information is based on a real lease offered in McKean County and is accurate to the best of our knowledge.