By Sarah Doty

Post-Bulletin, Rochester MN 

AUSTIN -- Ask attorney Craig Byram about wind energy, and he could probably tell you everything you would want to know.

He's had a rapid education.

Byram, an attorney at Hoversten, Johnson, Beckmann & Hovey, LLP., in Austin, has recently taken over for his partner Craig Johnson, who worked with land owners who were going to have turbines put on their land.

"If there is a wind turbine anywhere in southeastern Minnesota, Craig Johnson or I likely represented the land owners in negotiating that contract," he said.

That is no small task.

Complex documents

The contracts that are usually brought in are about 30 pages, which are rather complex, and no contract is the same, Byram said.

So, the first thing Byram does is educate the landowners.

"The general public doesn't routinely look at 35-page contracts, and so they are rightly nervous or curious about what it says and whether the contract is written in a way that is beneficial to them, or whether it is written in a way that solely benefits the developer."

Byram makes it clear, however, that it isn't his job to make a recommendation on whether he thinks someone should sign a contract or not.

Instead, he will only say, "This is a good contrac. This is a competitive contract. This is as good of a contract as we've been able to negotiate with this developer."

The reason for that is simple.

"These are generally 30- to 40-year contracts, so to me, that is a very personal decision on whether you want to get involved in something that is going to impact you for 30 to 40 years," Byram said.

So far, what he has heard has been mostly positive.

"People are pretty happy once they are built," Byram said.

Learning through experience

There have been a few bumps in the road, however.

"There was one contract early on that we didn't put in it that the roads had to be built due north and south, or due east and west, or following a natural waterway," he said.

The maps that Byram and landowners were shown by the developer had straight roads, but they weren't duplicated. Instead, roads were built diagonally, cutting across farmland.

"Triangles are harder to farm than rectangles, so we learned," Byram said. "So in every contract after that, there is a requirement that the roads be built in a certain direction so we don't end up with that again."

It is experiences such as these that have made Byram a valuable asset for those interested in wind. The Minnesota State Bar Association recognized that as well, and they have called upon him to educate other attorneys about how to approach wind contracts.

He admits, though, that he doesn't know everything.

"I have to think on behalf of the landowner, about, 'What happens if ...?' and 30 to 40 years is a really long time out in the future," he said. "I need my crystal ball."

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