Wind Energy Blade Company is Tenant in Default

[Brittany Farrell]

I am posting this on behalf of my mom, who is in pretty desperate need of some help. 

My mom owns some land on the Nebraska/Colorado border. There are windmill blades from Colorado being stored on her land in Colorado. The tenant aka “the Company” originally leased the land from my mom’s (now deceased) husband. My mom’s husband was a good-ol-boy who would give anyone a deal and the shirt off his own back. Seriously. This was a handshake type deal, and the tenant was paying just a couple thousand dollars a year for 5-6 acres of land where the tens is storing 204 old wind energy blades. Yes, 204 of those massive blades. The company never paid the $ on time, but eventually always came through. I remember asking my mom’s husband years ago what he was going to do if they didn’t remove them, and he jokingly said he didn’t care because it would be my problem someday. Those words are haunting me. 

My mom has established new lease terms with a 5 year lease agreement with the Company in an effort to protect herself against the possible liability that would come from having to remove the blades, and required a huge insurance policy to protect her against this too. The Company was supposed to pay the new rent amount by January of 2024 but my mom hasn’t seen a dollar of it. She did get a signed lease agreement, even having the managing partner sign as a personal Guarantor, but not a dollar has been paid. With late fees, per the contract, they now owe her more than $50,000 to date. My mom is in direct communication with the Managing Partner who promises every week that he’s going to send her money, but hasn’t paid a dime. 

She has extended 5 months of grace and meds to take some action. Any advice? A lawyer? Contacting the EPA or other government officials? I don’t want her to shoot herself in the foot so I’ve advised against this, but some action needs to be taken. Any idea what her recourse might be? The Company has major supporters - like Shell and Sherwin Williams, and has had articles published about them in Forbes and The NY Times. Any input would be greatly, greatly appreciated. 

If feels like this big company is taking advantage of my mom.