Considering a battery proposal for your Concho County land?

Separate the developer’s incentives from the payments offered to you

Ask for the option payment, rent or purchase price in writing, with the dates and conditions for payment. If a developer expects an incentive, find out whether receiving it is a condition of moving forward and what happens if the application is denied or negotiations take longer.

The posted county guidelines distinguish eligible improvements from land or unimproved property, which they list as ineligible for abatement. Do not assume a proposed project incentive reduces your entire property tax bill. Have your adviser review which property and parties would be covered.

Keep the proposal’s financial assumptions separate from a signed obligation to pay you. Ask whether payments could be postponed, reduced or stopped because an incentive changes. Make sure the agreement explains that situation before the developer reserves the land.

Discuss the option’s final decision date and any extension rights. If the developer needs more time for public review, you should be able to see what additional time it wants, what it would pay and when the land would be released if it does not proceed.

Reference: Concho County: November 2024 tax-abatement resolution, guidelines and exhibits

Read every proposed signature page and identify the responsible party

The county’s posted incentive guidelines describe an agreement for a leased facility involving both lessor and lessee, along with other parties holding an ownership interest. Ask which parties would be named in your proposal and what each signature would commit them to.

Request the complete draft, exhibits and property description before signing. Confirm whether a term such as owner means you, the equipment owner, the project company or another party in that particular document. Different agreements can use that word differently.

Have your attorney compare the incentive agreement with the option, lease, easements and any authorization to act for you. Ask who prepares public filings, pays associated costs, handles notices and performs each promise. A developer preparing the paperwork does not answer those questions by itself.

If an application or layout changes, decide when it must come back to you for review. Keep the version you approved and a copy of everything signed in your name. Limit any authority to what you understand and intend to allow.

Reference: Concho County: November 2024 tax-abatement resolution, guidelines and exhibits · Concho County: Posted subdivision regulations and application packet

Plan for compliance and costs after an incentive is granted

The posted incentive packet addresses applicant legal and consulting costs, annual compliance, inspection access, default and possible recapture of previously abated taxes. It also describes county approval for assignment. Confirm the current terms and the party responsible for each obligation in an actual agreement.

Ask who receives notices and supplies the required information. If you would be a party, establish how you learn about an inspection, compliance problem or proposed transfer. A clear contact and reporting arrangement helps you avoid relying on informal updates.

Discuss what happens if the project company misses a requirement or cannot pay. Your adviser should review how responsibility is allocated, what protection you have and whether the proposed protection would still be useful if that company changes hands or stops operating.

Separate application deposits and administrative costs from the private payments promised to you. Ask for the current county instructions and identify who pays for negotiations, corrections and unfinished work if the proposal is abandoned. Do not calculate the full project cost from one printed fee.

Reference: Concho County: November 2024 tax-abatement resolution, guidelines and exhibits

Map electrical routes and continuing access before granting rights

Show the proposed battery area, connection point and route on one drawing. Include any roads, gates, drainage features and temporary construction areas. Mark the land you need to keep using, rather than discussing only the equipment footprint.

The incentive packet’s transmission-access exhibit addresses cooperation with other proposed lines. Review any such wording alongside the private lease and easements. Ask how a crossing or additional route would be evaluated and what would require your agreement.

For a route along or across a county road, the posted utility application describes permissive use limited to the county’s interest and says it creates no property right. Private route and access rights need separate review. Confirm which application and current standards apply to the proposed work.

Ask the developer for the electrical study status and the steps still needed for its connection. A road permission, tax incentive or nearby transmission line does not establish available grid capacity. The proposal should distinguish a possible connection from a completed approval.

For construction and later maintenance, agree on notice, gate access, working areas and repairs. Discuss how you would reach the rest of the land while crews are present and how damage to a fence, entrance or drainage feature would be reported and corrected.

Reference: Concho County: November 2024 tax-abatement resolution, guidelines and exhibits · Concho County: Pipeline, utility and communication route application

Check tract changes, road upkeep and removal as separate questions

If the proposal divides land or changes how access is arranged, ask whether plat review is required for that transaction. The county’s posted subdivision packet describes requirements and exemptions, owner or agent acknowledgment and a later application certification. Have staff and your adviser confirm the actual arrangement before authorizing a filing.

The same packet distinguishes plat approval from county acceptance of roads for maintenance. Identify who maintains each road used by the project and who repairs construction damage. A road appearing on a filed drawing should not be taken as a promise that the county will maintain it.

Review any shared road or drainage work from the perspective of the land you retain. Ask what changes are proposed, who approves them and how ongoing upkeep would be funded. Confirm the reviewer for the actual parcel, including any city boundary or extraterritorial-jurisdiction issue.

Keep removal and restoration terms in view while negotiating. Discuss the battery equipment, foundations, roads, utility installations and easements, along with who pays and what financial protection backs the promise. Decide which improvements, if any, you would want to retain.

The incentive packet’s specific removal clause refers to wind and solar projects. Do not assume it establishes the removal terms for a standalone battery proposal. Ask for the requirements and agreement that actually apply to the battery project being offered to you.

Reference: Concho County: Posted subdivision regulations and application packet · Concho County: November 2024 tax-abatement resolution, guidelines and exhibits

Start with the location and the questions you already have

You can contact Sunland America before preparing an application or paying for a study. Share the property’s location, approximate acreage and your contact information. If you have a proposal, drawing or request to sign, tell us what you received and what you want to understand.

Use the form on this page to begin. Let us know how you use the land and what access or areas you want to preserve. An inquiry does not commit you to a lease, option or sale; it gives us a starting point for discussing the property.

Reference: Concho County: Commissioners Court and posted development documents