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Can Texas put a wind turbine in your backyard?

Wind energy is one of the forms that is going to help bring the country toward a more sustainable future. It focuses on using renewable wind power to energize homes and communities, but there are some issues with it. Wind turbines are large, and they can be unsightly. They can even be a little bit dangerous, particularly if they are hit by lightning or have a malfunction.

As a homeowner, you may decide that you don’t want to have a wind turbine on your property. Unfortunately, eminent domain laws and a need for further wind power could lead to government-backed wind turbines going up in a places where people aren’t comfortable with them. You could have someone approach you to buy your land for part of a wind farm, or you could have a neighbor sell their property and end up with a turbine near your property.

Are wind turbines a nuisance?

They can be. They are extremely common in Texas, because the state is the largest wind-energy-producing state in the country. However, just because something is common doesn’t mean it can’t be a nuisance.

If a wind turbine is affecting the aesthetic of your view, you might be able to argue that it is a nuisance. You could do this at the planning stage or much later in some cases.

What is a nuisance?

By law, a nuisance is something that interferes with the ability to enjoy your land. It creates discomfort or is annoying to most average people. Essentially, if your property is invaded by sound, light or other issues because of the wind turbine, you might be able to successfully argue that it is negatively impacting you as a nuisance.

 If you’re approached about installing a wind turbine, you may want to know your rights

Yes, energy is important and land is necessary to install turbines. However, if a specific turbine is going to hurt your property value or you don’t want to sell your property to someone hoping to install one there, you need to know your rights and what you can do to avoid having it built. You may have legal options to help stop the turbine’s installation.