Comprehensive Representation In The Field Of Energy Law

Could your neighbor stop you from installing turbines?

On Behalf of | Oct 28, 2022 | Wind Energy |

Energy production is big business in Texas. Many people negotiate leases for oil and gas extraction purposes. In fact, many people with such leases never even see a well installed on their property. The companies merely secure the right to extraction, should they choose to use it in the future.

In recent years, many Texas property owners have started looking into renewable energy, which has become more cost-effective at setup. Solar production has boomed in Texas in recent years, and the state is a leader in wind power generation as well.

Installing wind turbines could mean producing much of the electricity that your home or business uses. It might even mean producing more and being able to sell that power to the electrical company. Could your neighbor prevent you from installing wind turbines?

Aesthetic complaints likely won’t hold up in court

In theory, your neighbors could take you to civil court over decisions you make that affect their use and quiet enjoyment of their own property. However, it is very uncommon for aesthetic complaints to result in successful litigation in Texas. A neighbor who claims that your wind turbines will disturb their view or create annoying noises we’ll have a hard time fighting your proposed turbine installation in civil court.

However, there could be other scenarios in which a neighbor could have grounds to block your project. For example, if they are downwind from your property and already generate wind power, research has shown that the introduction of your turbines would affect what they generate. In that case, the effect of your land use on their operations could give them a better chance of fighting your wind power generation in civil court.

Property owners need to look at all potential obstacles

Before you sign a contract with a turbine manufacturer or secure financing for wind turbine projects, you first need to ensure that you can move forward with the plan. Many property owners will need to consult with an attorney to make sense of complicated state and federal regulations that apply to on-site energy generation.

Investing in wind energy production could be a smart move for businesses and homeowners alike, and proper planning in the early stages will set them up for a better chance of success.

 

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