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Plan commission continues debate on commercial solar: NDAs, eminent-domain risk, bonds and road impacts
Summary
Commissioners and public commenters continued an extensive discussion about commercial solar projects, including concerns about nondisclosure clauses in leases, the risk that facilities could be sold to utilities (potentially enabling eminent-domain), requirements for bonds and road-repair funding, and a proposal to treat commercial solar as non‑permitted in agricultural zones with a variance path.
The Washington County Plan Commission continued a multi-part discussion about commercial solar projects, focusing on contract transparency, legal risk, and site-management requirements.
Lucy, a participant who has compiled materials on local solar proposals, briefed commissioners on contracts and cases elsewhere in Indiana. "So, we're starting off with a lack of transparency," she said, summarizing research that, she said, shows some commercial leases include non-disclosure clauses and provisions that permit the leaseholder or developer to sell the facility to another entity. Lucy warned that sale to a…
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