Wisconsin Constitution-based Attack On Utility-scale Solar Projects Destined For Defeat

This week, opponents of Wisconsin utility-scale solar projects launched a last-ditch attack on renewable energy projects in Wisconsin. They argue that an application pending before the Public Service Commission of Wisconsin (PSC) for a Dane County solar farm, Koshkonong Solar, should not be approved. They also argue that approvals for other solar farms in Iowa and Grant counties should be withdrawn even though the Iowa County solar farm is already operational because the long-term leases for these projects supposedly violate the Wisconsin Constitution.

The solar-farm opponents argue that because the projects depend on legally void, long-term leases, they cannot be approved. Their argument rests on the Wisconsin constitutional provision that reads: "All lands within the state are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land for a longer term than fifteen years in which rent or service of any kind shall be reserved