Anderson & Byrd, LLP

What should Kansas landowners know before signing an energy lease

2026-05-12T08:17:45Z

A properly negotiated energy lease can generate income for Kansas land. A poorly drafted one has the potential to tie up the property, limit future use and create years of conflict over roads, crops, water, royalties or cleanup. That risk now reaches beyond traditional oil and gas. Landowners may receive lease offers for wind turbines, solar arrays, renewable natural gas projects, pipelines or related access roads. Before signing, the primary question is not only how much the lease pays, but also how much it costs. It is what control a landowner retains after the project begins.

The lease should protect the surface, not just the payment

Payment terms matter, but they are only one part of the deal. A landowner should understand how the project could affect farming, grazing, drainage, fencing, hunting rights, future building plans and access to the rest of the property. For oil and gas matters, the Kansas Corporation Commission’s (KCC) Conservation Division regulates oil and natural gas production, exploration and intrastate gas storage. However, this regulatory oversight does not replace a comprehensive lease. The lease still needs to address private contractual obligations between the landowner and the company. That is why oil and gas lease issues often turn on the specific wording of the agreement, including:

Where roads, pads, turbines, panels or pipelines may go
Who pays for crop loss, soil damage or fence repairs
How royalties, rent or bonus payments are calculated
What happens if the company assigns the lease
Who removes equipment and restores the land

These details can matter long after the first payment clears.

Renewable projects can raise local land-use concerns

Wind and solar leases often last for decades. The project may also need county approval, road-use agreements or zoning review before construction begins. Kansas counties do not all regulate renewable projects the same way. For wind projects, University of Kansas researchers built an atlas that compiles wind energy rules for all 105 counties, including setback requirements, turbine height, noise, tower density and lot-size restrictions. A landowner should not assume a project that works in one county will be permitted in another. Local approval typically does not address every private concern. The lease should still explain access, maintenance, decommissioning, tax responsibility, insurance and limits on future land use.

Do not rush a long-term decision

Energy leases may appear straightforward at first because they often start with a dollar figure. The more complex terms usually appear deeper in the document. Before signing, Kansas landowners should evaluate what the company can do, what the landowner can still do and what will happen when the project ends. A review before execution can help protect both the income from the lease and the land's long-term value.

How much can Kansas landowners get for leasing to wind farms?

2026-02-06T09:21:05Z

If you're thinking about leasing your land to a wind developer, one of the first things you’ll want to know is how much they actually pay. There’s no flat rate across Kansas, but most lease offers fall within a familiar range, and the final number depends on what kind of deal you make. Here’s what usually drives those payments and why the details matter more than you think.

Most payments are per turbine or megawatt

Landowners in Kansas typically earn anywhere from $8,000 to $20,000 per turbine per year, depending on the turbine’s size, output and location. Some companies calculate payments per megawatt, especially if multiple landowners are involved. You might also see smaller “option” payments during the early phase, but the real money usually starts once the turbines go up and start producing.

The contract terms decide how much you actually make

Even if the offer sounds strong at first glance, your long-term payout depends on what’s written into the lease. Some deals offer a flat annual amount, while others include royalties based on the amount of electricity generated. The stronger contracts tend to include both—a guaranteed minimum plus a share of revenue if production stays high. You’ll also want clear language on when payments happen, how increases are handled and whether those terms stick if the land changes hands.

Your land’s setup affects whether you earn more or less

Not every piece of land is equally valuable to a wind company. If your property has strong, steady wind, flat terrain and easy road access, you’ll likely get better offers or more turbines than someone with dense trees or a rough slope. The distance between turbines and the amount of usable space both factor into how many actually get placed, which directly affects your income.

Read everything before you lock in a long-term deal

Even if the payment sounds fair, a lease that limits how you use your land or shifts too much control to the company can cost you more than it pays. Before you sign, have someone who knows Kansas wind leases take a hard look at the terms. A strong contract now protects your land, your income and your options later.

What is tortious interference?

2025-11-19T14:25:34Z

Building a business takes years of hard work, trust and relationship building. But those years of hard work can sometimes crumble because of someone’s actions. When someone interferes with your business relationships or contracts, it can hurt your company long-term. This harmful meddling has a legal name: tortious interference.

The basics of tortious interference

Tortious interference happens when a third party damages your business relationships or contracts on purpose. The interference must go beyond normal competition to count as tortious. For a valid interference claim, you need to show:

You have a valid business agreement or relationship
The third party knew about your business relationship or contract
They intentionally acted to disrupt your business
Their actions led your business to experience actual harm, like a loss of profits

Kansas courts take these claims seriously, especially when the interference involves unfair tactics or bad intentions. Saving all communications and keeping records of any suspicious competitor activity provides important evidence for your case.

Common examples you might face

Tortious interference shows up in many business situations. Common real-life examples include:

Offering your key employee much higher pay just to hurt your business
Spreading lies about your company to your clients
Pressuring your supplier to work for them instead
Threatening a potential customer to stop them from working with you
Bribing your business partner to end your relationship

These actions cross the line from fair competition into harmful territory. That's because these actions are likely to damage your business reputation and finances.

Possible legal remedies to interference

If someone interferes with your business relationships, you have options. You can seek compensation for lost profits, damaged reputation and future losses. In some cases, courts may award extra money to punish particularly bad behavior. A lawyer might also ask for a court order forcing the interfering party to stop their harmful actions right away.

Protect the business you built

Guarding your business relationships requires watchfulness and quick action when problems arise. Strong contracts with protection clauses create extra legal safety. If you think someone is interfering with your business, seek professional legal help. Talking with an experienced business attorney is a great way to see your options to protect your business. Remember, your company's relationships count as valuable business assets and are well worth protecting.

Should you put your business in a trust?

2025-08-18T11:24:24Z

When people think of estate planning, they often think of trusts. These documents are one of the most well-known and versatile estate planning tools. Trusts help families make it easier to pass down valuable assets to loved ones. However, the benefits of trusts aren’t limited to just passing down heirlooms or savings accounts. Business trusts can help business owners pass down and protect what they've built while planning ahead.

How business trusts protect your legacy

Business trusts create a legal shield around your company, keeping it separate from what you personally own. This matters because your business can keep running even after you're gone, without going through probate court. When you set up a business trust, you transfer ownership of your business assets into the trust's name. You then name a trustee to manage these assets and beneficiaries who will receive the benefits. You can serve as both the trustee and beneficiary while you're alive, maintaining control while gaining protection. The trust document contains your instructions for how the business should operate now and in the future. A business trust manages everything according to your wishes, making sure your business continues just as you planned.

Business trust advantages for your bottom line

A well-set-up business trust offers several key benefits, including:

Creditor protection: Shields your business from personal debts and many legal claims
Tax benefits: May help reduce taxes and create ways to split income
Business keeps running: Makes sure operations don't stop if you get sick or pass away
Control options: Allows you to stay in charge while granting shares to heirs over time
Maintain privacy: Avoids making your business transfers public, unlike if it passes through probate court

For small business owners, all these mean your life's work passes smoothly to your family or chosen people without much complications or public proceedings.

Making the right choice for your business

Putting your business in a trust is a big decision that needs careful thought. While many business owners find the benefits worth it, trusts do add some complexity to your business. The structure might change how you run things day-to-day and add new responsibilities. Talking with an estate planning attorney who understands both your business needs and your personal goals for the future can help ensure that a business trust is the right move for you.

What are Kansas’s solar energy incentives?

2025-05-20T16:22:55Z

If you're considering solar panels for your home or business in Kansas, knowing about available incentives can help you save money. Solar energy systems often come with upfront costs, but incentives can lower those expenses and make going solar more affordable for you.

State tax credits

Kansas offers a state tax credit for solar energy systems installed on residential or commercial properties. This credit allows you to deduct a percentage of your system's total cost from your state taxes, reducing your overall installation expenses. The credit applies to various solar technologies, helping more people benefit from clean energy.

Utility rebates

Several utility companies across Kansas provide rebates or financial incentives to customers who install solar panels. These rebates vary depending on the utility provider and the size of your solar system, but they can significantly reduce the amount you pay out of pocket. Checking with your utility early in the process can help you plan your budget better.

Net metering benefits

Kansas has net metering policies that allow solar panel owners to earn credits for the excess electricity their systems generate and feed back into the grid. These credits reduce your monthly electric bill by offsetting the energy you use when your solar panels aren't producing power. This system encourages you to maximize your solar energy production and savings.

Local and federal incentives

Besides the state and utility incentives, you can benefit from federal solar tax credits, which currently allow you to deduct a large portion of your solar system's cost from your federal taxes. Additionally, some cities or counties in Kansas may offer grants, rebates, or property tax exemptions to encourage solar adoption. These combined incentives make solar energy more financially accessible.

Taking advantage of solar incentives

To maximize your savings, contact your utility provider and check with Kansas state agencies about available incentives. Understand the eligibility requirements, application deadlines, and paperwork needed to ensure you receive the full benefits. Staying informed about changes in incentives can help you make the right decisions. By leveraging these solar incentives, you can make the switch to renewable energy more affordable and support clean energy efforts in Kansas.

Survey: Concerns rising over distracted and angry drivers

2025-02-27T15:04:56Z

You're not alone if driving feels more dangerous since the pandemic. A Pew Research Center survey reveals that nearly half of Americans believe drivers in their communities are less safe than five years ago. The findings show cellphone use behind the wheel tops the list of dangerous behaviors, with nearly four out of five people calling it a “major problem.” The survey also highlights growing concerns about aggressive driving and road rage, especially in urban areas.

Dangerous driving behaviors

Distracted driving is a major concern across the nation. According to the survey, an overwhelming 78% of Americans see cellphone use while driving as a significant issue. This problem is more pronounced among those who drive regularly. Other issues include:

About 63% of people consider speeding and aggressive behaviors like tailgating and running red lights serious problems.
Half of Americans view alcohol-impaired driving as a significant threat, while 37% are worried about drivers under the influence of marijuana.
Lower-income communities express more concern over pedestrian safety, with 53% seeing it as a big issue compared to 44% in higher-income areas.

Dangerous and distracted drivers pose serious risks to everyone sharing Kansas roads.

Road rage: A growing threat

One in four drivers now witness road rage frequently in their communities, with city dwellers reporting the highest instances. Uncontrolled anger behind the wheel has become more than just an annoyance - it's a serious safety concern that can lead to crashes, injuries and even fatalities. Common signs of road rage include tailgating, sudden braking, dangerous lane changes without signals, running red lights or stop signs, making threatening gestures and blocking other vehicles. Other extreme behavior includes forcing cars off the road. If you encounter an angry driver, take these precautions:

Stay calm and avoid eye contact
Don't respond to provocative gestures
Maintain a safe distance
Let them pass if they're tailgating
Drive to a police station or busy public place if followed
Never exit your vehicle to confront another driver
Call 911 if you feel threatened

Remember that safety comes first. Road rage can escalate quickly, so your best defense is to remove yourself from the situation.

Holding negligent drivers accountable

When someone's dangerous driving causes you harm, you have the right to seek compensation for your injuries, lost wages and other damages. Insurance companies often try to minimize payouts, but you don't have to face them alone. A skilled car accident lawyer can protect your rights and help you recover the full compensation you deserve. Experienced attorneys gather evidence, handle communications with insurance companies and fight for your interests while you focus on recovery.

Understanding breach of implied contract: 3 key questions

2024-12-02T21:26:14Z

Businesses rely on those they work with to keep their promises. This can become more challenging, however, when they do not get their agreements in writing. What should you know about implied contracts?

What is an implied contract?

Unlike written contracts, an implied contract is an agreement inferred from the actions, behavior or circumstances involved rather than a written document. Implied contracts can either be implied-in-fact or implied-in-law. Implied-in-fact contracts arise from the mutual agreement and intent to promise, with the conduct of both parties implying their agreement. For example, courts have found that businesses may have an implied contract with their employees based on the terms in their employee manual. Implied-in-law contracts are obligations imposed by law to ensure fairness, whether or not there was an agreement in place. For instance, a business might unjustly receive a benefit to which they were not entitled. In this case, they may have to pay for it, even though there was no explicit agreement to do so.

What is a breach of implied contract?

A breach of an implied contract occurs when one party fails to fulfill their obligations under the terms inferred by their agreement or conduct. This could look like:

Failing to pay for goods or services that the other party delivered, even though ongoing business practices had established an expectation of payment.
Not providing services or goods that the other party expected as part of a regular business interaction, without proper communication or termination of the agreement.

What can you do If someone breaches an implied contract?

Because of the challenges that can arise from implied contracts, it is important for businesses to take steps to protect themselves. You should always communicate clearly and document interactions and agreements when possible. This helps establish explicit expectations instead of relying on implied terms. This documentation can also serve as evidence of the terms of your agreement. When issues arise, Kansas law generally allows you to hold others responsible for their broken promises. In a situation where someone breached an implied contract, you may be able to file a lawsuit and receive compensation to cover the losses caused by the breach. For Kansas business owners, it is crucial to understand what a breach of implied contract is. This knowledge helps you manage your business relationships and reduce legal risks. By knowing how implied contracts form and actively making terms clear, you protect your business and build stronger, more dependable relationships.

Keeping up with your estate plan: when and why?

2024-08-22T18:25:13Z

All adults should create an estate plan, but contrary to popular belief, it is not a one-time deal. As your life changes, you must update your estate plan to reflect your life circumstances. Below, we discuss some of the most critical times when you should take another look at your documents.

Life changes

If there is one constant in life, it is change. Whether you marry, get divorced, have a child or a grandchild, or go through the death of a loved one, these events all trigger the need to review your estate plan and make sure it reflects your current wishes and preferences.

Finances

If you receive an inheritance, buy or sell a significant asset, or get involved in a business, you should have a conversation with your attorney about reviewing your estate plan so you can protect your assets and your family.

Legal changes

The law changes all the time, whether it is probate or tax law, which could impact your estate planning. Reviewing your documents every three to five years, even if you do not have significant changes in your life that prompt you to do so, is a good idea to ensure you comply with the law. Updating your estate planning documents is not a one-time thing you do. It is an ongoing process that reflects what is going on in your life. Make sure you keep this in mind so your wishes are honored and your family is protected.

Unearthing the unknown on your property

2024-05-23T17:21:52Z

Land ownership can be rewarding, but it can also come with its share of surprises. One such surprise could be discovering an abandoned oil or gas well on your property. Many landowners in Kansas may find themselves in this situation, which can lead to confusion and concern.

Discovering an abandoned well

People discover an abandoned oil or gas well on their property in several circumstances. You might stumble upon it while exploring your land, or someone could find it during a land survey or construction project. Regardless of how you find it, the discovery can leave you with more questions than answers.

What to do when you find an abandoned well

If you find an abandoned oil or gas well on your property, it’s essential to take the proper steps:

Don’t try to handle it on your own: These wells can be dangerous, and dealing with them requires specialized knowledge and equipment.
Contact the appropriate authorities: In Kansas, the Kansas Corporation Commission’s Oil and Gas Conservation Division regulates oil and gas activities. You can submit a form online to report an abandoned well on your property.
Seek legal guidance: Laws regarding abandoned wells can be complex. An attorney experienced in these matters can help you understand your rights and responsibilities.

Dealing with an abandoned oil and gas well can be complicated. You may not know when it was last used, if it’s still in use or who is responsible for plugging the well. You may or may not be responsible for this, depending on details like who the current or last operator of the well is and whether you have tampered with the well.

Finding solutions when surprises arise

Discovering an abandoned oil or gas well on your property can be unexpected. However, with the right approach and guidance, you can navigate this situation effectively. Keep in mind that missteps can have costly consequences, so it’s crucial to seek legal guidance familiar with these laws and property laws. Owning land comes with many unknowns, but with the right resources and support, you can confidently manage any surprises that come your way.

Coping with a brain injury after a collision

2024-03-06T14:34:42Z

A diagnosis of cranial trauma often brings a heavy dose of sorrow with it. In severe cases, life, as the recovering victim once knew it, will never be the same. In the first days that follow a brain injury, there may be a lot of physical pain, including headaches or jaw pain or pain behind the eyes. As days turn into weeks and weeks turn into months, symptoms may vary, and, in fact, there may be lasting implications that linger long after the Kansas collision occurred that caused the injury.

High-level stress is not conducive to recovery after a brain injury. If you are a recovering collision victim who has suffered brain trauma, you must be careful to avoid stress that may worsen your symptoms. Therefore, it’s best to learn what your stress triggers are and avoid them like the plague.

Memory problems associated with brain injury after collision

One of the most noticeable implications of a brain injury is memory deficits. Some people lose their long-term memory while others struggle with short-term recall. This can be frustrating for the patient and challenging for family and friends as well. It requires patience and support to help a recovering trauma victim function throughout the day.

Emotions may feel out of control

After suffering a brain injury in a collision, it can take a hard toll on your emotional well-being. One minute you might feel upset or angry or even violent, and the next you might be sad or weeping over the fact that you are not able to do some of the things you used to do. It’s helpful to seek counseling or speak with a trusted confidant regarding your feelings. If you are the caregiver of a brain injury patient, you must model self-control and try not to take your loved one’s behavior personally.

Eating healthy foods, getting fresh air and sunshine and avoiding bad habits can help you achieve a fuller recovery after a brain injury. If another driver’s negligence caused the collision, then he or she may be responsible for damages. This would include your medical bills and other expenses associated with the collision. Kansas law also allows a recovering collision victim to seek financial recovery for emotional trauma, as well as your physical injuries. Coping with a brain injury after a collision is challenging yet possible, when you have a strong support system in place that includes a competent medical team, trusted friends and family members, counselors, legal advocates and more.