By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
FAYETTEVILLE, Ark. — To install, or not to install, that is the question — and attendees of the 12th Annual Mid-South Agricultural and Environmental Law Conference will have the chance to hear perspectives on solar lease agreements and solar development from two experts in their respective fields.
Renewable energy efforts such as solar panel installations have increased in recent years. The 12th Annual Mid-South Agricultural and Environmental Law Conference will feature a session on solar leasing and development, discussing pointers and pitfalls for farmers, landowners, and developers to consider. (Image courtesy Stephen Boyd)
While renewable energy efforts such as solar panel installations have increased in recent years, there are many factors for farmers, landowners, and developers to consider before making the decision to work together on a long-term project.
At the Mid-South, Seth Hampton, member at Rose Law Firm, and Will Veve, land acquisition and development at DESRI, will discuss both sides of the transaction in the session, “Solar Leases and Development in the Mid-South: Pointers and Pitfalls.”
The conference will be held June 5-6 in Memphis, Tennessee, and is co-hosted by the National Agricultural Law Center, or NALC, and the National Association of State Departments of Agriculture Foundation, or NASDA Foundation. It also features a livestream option. Registration, agenda and more is available at https://nationalaglawcenter.org/legaleducation/mid-south-2025.
Hampton has years of experience representing farmers, landowners and their lenders in negotiating solar lease and purchase options involving developments throughout the United States.
“Rental rates certainly make solar leases attractive, but there is much for landowners to consider when approached by developers about installing panels and related facilities on their land,” Hampton said. “Provisions concerning rental rates, land included within the leased premises, minimum rental/acreage requirements, crop damages, rights of third parties (such as easement and mineral interest owners, farm tenants and lenders), property tax increases, insurance obligations, early termination rights, decommissioning/restoration obligations and security, and more should all be considered before making a decision.”
Veve will bring insight regarding the developer’s perspective to the presentation, as DESRI develops, owns and operates U.S. renewable energy projects.
“Both developers and landowners have much to consider regarding coming to an agreement for the development of a project,” Veve said. “There is tremendous shared opportunity for both the landowner and developer. Having an open, collaborative process from the beginning is the most important aspect of this relationship to ensure both sides are successful.”
NALC Senior Staff Attorney Rusty Rumley says that NALC attorneys have heard an increased amount of inquiries regarding solar leasing in recent years.
“Solar leasing has been around for quite a while, but it garnered more attention in recent years due to the Inflation Reduction Act of 2022, which incentivized the adoption of solar through various mechanisms, like tax credits,” Rumley said. “It’s a topic that landowners and developers should investigate carefully before coming to an agreement. This session at the Mid-South provides an opportunity to learn about what to consider from both the landowner and developer sides.”
Continuing legal education available
The Mid-South will be submitted for CLE accreditation in Arkansas, Kansas, Mississippi, Missouri, and Tennessee. Approval for CE will also be sought from the American Society of Farm Managers and Rural Appraisers. Those who register by May 13 are eligible for bonus CLE/CE during the online “Early Bird” on May 14.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.
About the NASDA Foundation
The NASDA Foundation is the only educational and research organization that directly serves the nation’s state departments of agriculture. It is a 501(c)(3) nonprofit organization. The mission of the NASDA Foundation is to advance agriculture to shape a changing world.
For more information on the NASDA Foundation, visit nasda.org/nasda-foundation. The NASDA Foundation is also on X, Facebook, and LinkedIn.
