We’ve been digging deep into the Swift Current wind lease agreement, breaking it down section by section. Part 3 of our series looks at what happens when the lease ends—or if the rights get sold to another company.

Here’s what we found:

1. The Lease Can Last Generations — But That’s Not the End

• The lease gives Swift the right to:
  – An initial 7-year “Option Period”
  – A 30-year lease after that, if they exercise the option
  – Up to 3 additional 10-year renewals — if Swift wants to
• That’s 67 years total — and there is no clause stating that it ends after that.
• Even more concerning: nowhere in the lease does it say Swift has to remove turbines or stop using your land when the lease ends if those turbines are still operational. It does say in Section 4.3:
• “Lessee shall remove all Facilities from the Premises to a depth of three (3) feet below grade…within twelve (12) months of termination or expiration of this Lease…”
• But what if the turbine is still running in Year 67? Or 75? The lease doesn’t say. There’s no forced stop date. If Swift decides to just keep running or repairing the turbines, they might never have to leave—unless you go to court.
• And in Section 2.3:  “The rights granted to Lessee…shall survive the expiration or termination of this Lease for so long as any portion of the Facilities remains in place…”
• That means the lease lives on as long as anything is still there—wires, roads, pads, even a decommissioned turbine that hasn’t been removed.

2. Swift Can Sell the Lease or Assign It to Anyone

• The lease says, in Article VII:  “Lessee may assign, sublease, license, or transfer this Lease…without Lessor’s consent.”
• They don’t need your permission. If a hedge fund or foreign energy company wants it, Swift can hand it over. You’re stuck with the terms—even if ownership completely changes. You have no say in who ends up with control of your land.
• Even worse, the new company is not required to honor any verbal promises Swift made. Only what’s in writing in the lease matters.

3. There’s No Requirement to Notify You Before Renewal

• The lease gives Swift the sole power to renew for three 10-year terms. There’s no language requiring them to notify you before they do it. No renegotiation. No updated terms. You’re locked in.

4. The “3 Feet Deep” Rule Leaves a Lot Behind

• Even when they do eventually leave, Section 4.3 only requires:  “removal to three (3) feet below grade”
• Turbine foundations typically go 10–30 feet deep. Concrete, rebar, conduit—all of that is likely to stay behind, buried in your field or forest. There’s no requirement to remove or remediate anything deeper than that. And no mention of environmental testing or cleanup beyond “commercially reasonable efforts.”

5. Even If You Want Out, You Can’t Terminate

• The lease allows Swift to terminate at any time. But for you, the landowner? You can’t get out unless Swift defaults (and even then, you must give written notice and wait up to 60 days).
• There is no clause for landowners to terminate early—even if your family situation changes, you want to sell, or you realize the lease was a bad deal.

6. Hypothetical: What If the Turbine Is Shut Down?

• Let’s say a turbine breaks in Year 45. Swift stops producing electricity and doesn’t fix it. They might just leave it standing. In that case:
  – You’re not getting energy payments.
  – Swift doesn’t have to remove it unless they choose to end the lease.
  – The lease doesn’t require it to be removed unless they end the lease.
• So even if the turbine is non-functional, your land might still be tied up.

7. Good Luck Selling the Land

• If you want to sell your land during the lease:
  – You can, but the lease stays in place.
  – The new buyer must accept all the same terms.
  – That can seriously limit who’s interested or how much they’ll pay.

For buyers, this kind of long-term encumbrance is a red flag. Imagine trying to sell land tied up for the next 30, 40, or even 60+ years, with turbine foundations still under it and no control over what happens next.

If you or someone you know is considering signing one of these leases, please take the time to have a lawyer look it over. The decisions you make today can impact your land and family for generations. We are reviewing the lease in pieces to help bring clarity to landowners and the public—because once the wind project begins, there’s no going back.

Part 4 of our series will cover what happens to your rights and land use during construction and operations.

Let your neighbors know. Sign and share the petition:
https://www.change.org/blackcherry
Keep the power for NY in NY.

Disclaimer: We are not attorneys. We are individuals with contract experience, offering commentary on this lease based on its written language and our interpretation. This post is for informational purposes only.