§ 8-1-41-3 — "Nonparticipating property"

(a) As used in this chapter, "nonparticipating
property" means a lot or parcel of real property:
(1) that is not owned by a project owner; and
(2) with respect to which:
(A) the project owner does not seek:
(i) to install or locate one (1) or more wind power devices or
other facilities related to a wind power project (including
power lines, temporary or permanent access roads, or other
temporary or permanent infrastructure); or
(ii) to otherwise enter into a lease or any other agreement
with the owner of the property for use of all or part of the
property in connection with a wind power project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more wind power devices or other
facilities related to a wind power project (including power
lines, temporary or permanent access roads, or other
temporary or permanent infrastructure) installed or located;
or
(ii) to otherwise enter into a lease or any other agreement
with the project owner for use of all or part of the property in
connection with a wind power project.
(b) The term does not include a lot or parcel of real property
otherwise described in subsection (a) if the owner of the lot or parcel
consents to participate in a wind power project through a neighbor
agreement, a participation agreement, or another similar arrangement
or agreement with a project owner.

Legislative History

As added by P.L.90-2022, SEC.1.