Natural Resource Law
One area where Colligan has some unique experience is Natural Resource Law.
Our work in this area includes representing clients with interests in:
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- Renewable Energy
- Timber, Forestry and Land Use
- Oil and Gas
- Agriculture and ag-tech
In general, natural resources belong to the state or federal government unless they’re located on private property or the rights to the resources have been obtained from the government. States retain primary authority over natural resources within their borders, although federal statutes also apply to many resources, especially those found on federal land.
Natural Resource Law Issues
Our agricultural attorneys have a wide range of experience in this complicated legal specialty area. Colligan Law’s natural resource law practice is headed by David J. Colligan, Esq. David is a leading attorney in natural resource law and has been representing clients in this area for over 25 years.
We have assisted clients with the negotiating of complex purchase, sale, and financing agreements for mineral development, timber development, and oil and gas development. In those cases where a dispute has arisen under one of these agreements, we have successfully represented our clients in litigation to enforce our client’s rights.
Given the complexity in law, policy and regulation, both businesses and individuals need trusted advisors they can rely upon to guide them through all aspects of an increasingly sophisticated system of transactions that relate to natural resources.
Colligan Law’s team of professionals has the necessary experience to help landowners, developers and others navigate through these complexities. In so advising clients on natural resources development, if corollary concerns arise, Colligan Law draws upon its significant experience in general business issues ranging from entity formation to complex commercial transactions involving project finance, real estate and land development, land use, construction as well as a variety of leasing arrangements.
Renewable Energy
The development of the renewable energy sector – solar, wind, and biomass – continues to expand. The decision whether to lease your land to a renewable energy company for energy production can be difficult. Beyond the rent income it can generate, there are other considerations such as tax implications, lease terms, environmental impact and the placement of the leasee’s equipment on your property.
If you’re considering starting a business in this area, there are renewable energy laws to keep in mind.
In both circumstances, the language used in the renewable energy legal documents can often be technical and detailed.
Our lawyers have extensive experience in this area (solar land leases, wind farm leasing, clean energy, etc.) and can help you navigate the industry, consider the business terms and negotiate productive agreements.
Solar Lease Review
Solar development and renewable energy are growing trends and deciding whether to lease your land to a solar company for renewable energy production can be a difficult decision. Beyond the amount of rent it can generate, there are many factors to consider such as the tax implications, the impact on the land, the term of the lease, and the placement of the array. Not to mention the often technical and legal terms and language of the lease. Our lawyers can advise you on your agreement and help you to negotiate with the solar company to achieve terms that meet your needs.
New York State Real Property Tax Law Section 487. Solar or Wind Energy Systems Exemption
List of towns and school districts that have opted out of the exemption.
RPTL Section 487
Timber & Forestry Law
The legal considerations pertaining to timber can include:
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- Warranties and Titles
- Taxes
- Succession Planning
- Boundary and Easement
- Conservation Easements
- Adirondack Park Agency matters
- Land use
Timber and forestry also offer the opportunity for compatible income streams fed through hunting leases, wind leases, oil and gas leases and carbon credits.
Because timber is such a unique natural resource asset, the attorneys who manage the related issues need to be specialized in the field. The lawyers at Colligan Law have a great deal of expertise with all issues in this legal specialty area. Our law firm can advise forest owners, forest products companies and foresters on all matters related to timber taxation, timberland succession planning, timber trespass actions, boundary line disputes, timber warranty issues, timber sale contract matters, compatible income streams, carbon credits, oil and gas leases, and any matters that relate to timber lands.
Timberland Transactions
Our law firm has represented banks, trust companies, private equity partnerships, TIMOs, individuals and other interested parties in very sophisticated purchases, sales, financing, severances, and other complex timberland transactions.
We have assisted clients with the negotiating of complex purchase, sale, and financing agreements for mineral development, timber development, and oil and gas development. In those cases where a dispute has arisen under one of these agreements, we have successfully represented our clients in litigation to enforce our client’s rights.
Oil & Gas Leasing
Oil and Gas law has evolved into a complex area of legal practice and it’s important for a landowner’s rights to be protected throughout the installation and drilling of wells or pipelines on their property.
In order to harvest the valuable oil and gas resources under the surface, a landowner typically enters into a lease agreement with an oil and gas company. Under such an agreement, the landowner gives the oil and gas company the right to explore for and extract the mineral in exchange for monetary compensation.
Consideration needs to be given to legal issues such as land-use management, extraction and production operations, transport and delivery arrangements, severed property rights, royalties and other benefits.
Often, the gas companies have the advantage of size and sophistication, experience with lease terms and in-depth knowledge of the property and its underlying hydrocarbon reserves. This knowledge tends to give the oil and gas company an advantage during the negotiation of the lease agreement. The lawyers at Colligan Law can help level the negotiating table.
Colligan Law has successfully represented many landowners negotiate lease agreements with oil and gas companies. We understand all facets of oil and gas leasing including royalty payments, free gas, up-front bonuses, proper valuation of the leased interest, and surface rights. Our guidance extends beyond the negotiation process to ensure that the landowner’s rights are protected during the installation and drilling phases.
Agriculture & Ag-Technologies
Upstate New York’s farming and agriculture industries preserve and manage some of our most valuable natural resources. The industry is a crucial part of our region’s economy, and Colligan Law's agricultural lawyers works with landowners, producers and developers of innovative agricultural technology to achieve their goals and grow their businesses.
This diverse area of law covers crop and livestock production, food safety concerns, resource management challenges, land use, and sustainability and environmental protection. The Colligan Law attorneys who practice in Ag Law must necessarily know and incorporate traditional areas of law practice such as property, water, and oil and gas, and must also be knowledgeable in administrative law, intellectual property, food law, clean energy law, and environmental law.
Easement and Right-of-Way Issues
In order for a landowner to develop natural resources such as timber, wind, or oil and gas, he must necessarily have proper legal access to those areas of his property where these natural resources are located.
There are times when securing proper access involves intensive negotiation and/or litigation with adjacent property owners and companies to obtain a right of access. Once proper access is secured, however, landowners must be vigilant in enforcing their rights. Often, access may become physically blocked by a neighbor or damaged by a developer. The property owner must then enforce the access rights or risk losing those rights.
The attorney’s at Colligan Law have extensive experience negotiating and litigating cases involving access rights such as easements and rights of way.
Estate Planning
What will you do with the farm when you’re gone? The attorneys at Colligan Law are often asked this question. Estate planning, as it relates to timber lands, is a very unique specialty.
At Colligan Law, we represent many forest owners who have every intention of passing the farm on to the next generation so their stewardship ideas and plans can be followed for decades to come. Typically, our clients express a desire to continue to control the management and harvest decisions for the foreseeable future while also ensuring the fruits of their labor are passed onto their descendants.
Several estate planning tools exist to assist clients in accomplishing these goals. The attorneys at Colligan Law have significant experience in estate planning for timber lands and we have successfully assisted many clients in choosing the appropriate estate planning tool to meet their specific needs.
Property Tax Challenges
These days, it seems like people are being taxed from all angles. We are required to pay income taxes, property taxes, mortgage taxes, sales taxes, “sin” taxes and the list goes on and on. Most people believe they are powerless to affect the amount of taxes they pay. However, procedures exist which allow land owners to challenge a potentially faulty property tax assessment.
Our attorneys have successfully disputed numerous property tax assessments. We understand the procedures and have the necessary skills to assist property owners in bringing a property tax challenge.
Want to discuss further with one of our attorneys? Contact one of our team members listed on this page directly or fill out our contact form.
