Supervisors ask attorney review of wind easement addendums and consider joint session with Conservation Board

Franklin County supervisors discussed addendums to existing wind easements that would allow a wind developer to cross portions of the county bike trail with utility conveyances. Staff described four separate easements affecting different parcels where the trail goes under or alongside planned wind-related crossings.

Because the county attorney’s caseload is heavy, staff recommended engaging a wind-specialist attorney in Des Moines to review the addendums. Supervisors agreed and directed staff to seek the outside legal review. County staff also recommended inviting the Conservation Board to a joint session after the attorney’s review because conservation staff and the county both have interests in the trail corridor; supervisors suggested scheduling that joint meeting after receiving the legal opinion.

Conservation concerns discussed at the meeting included whether the Conservation Board had previously approved the original easements and whether the board intended to allow crossings so long as no turbine would be sited on trail parcels; staff said prior approvals appeared to have been informal and that Franklin County, as the landowner, needed to coordinate with the Conservation Board, which oversees the trail as a jurisdictional partner.

Supervisors asked staff to forward the addendums to the wind attorney and to notify Ned (Conservation staff) that a joint session may be scheduled once legal review is complete. Staff also said the addendums appeared to primarily allow cable crossings along portions of the trail rather than full-trail occupation, but asked the attorney to confirm legal implications before further county action.