Federal Court of Justice, 26 July 2011, Ref.: BGH BLw 12/10
The expansion of wind energy offers farmers good opportunities to generate additional income by leasing their land to operating companies for wind energy projects.
A lease agreement with a term of between 20 and 30 years is generally concluded for this purpose.
However, operating companies often try to buy agricultural land through commissioned planning offices or estate agents in order to obtain sites for wind energy projects.
In the above-mentioned decision, the BGH has now strengthened the right of wind turbine operators to purchase farmland for their projects.
Facts of the Case In Thuringia, a wind energy company wanted to buy farmland for a wind energy project.
However, this plan was opposed by a property development company, which asserted a right of first refusal. The Thüringer Landwirtschaftsgesellschaft also claimed such a right of first refusal.
Federal Court of Justice: The Agricultural Senate of the Federal Court of Justice followed the view of the plant operators and has now definitively ruled that the expansion of wind power as an environmentally friendly form of energy is part of the "national economic interests" and must therefore be taken into account when weighing up the interests.
However, the BGH also ruled that the plant operators must offer the land back to the farmers for sale after securing the legal position.
Source: Federal Court of Justice
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