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At Holden Litigation
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Common litigation concerns about renewable energy projects

On Behalf of | Sep 19, 2023 | Energy Litigation

In recent years, Texas has made remarkable strides in renewable energy, primarily in wind and solar power. The state’s dedication to clean energy sources has contributed to its own energy needs and reduced the nation’s carbon footprint.

But as renewable energy projects grow, so do legal challenges. One significant concern that arises revolves around land use and who owns the rights to use it.

Property devaluation concerns

When you build renewable energy projects near homes or farms, the presence of towering turbines or a large-scale solar installation might be seen as an eyesore. Its visual impact may potentially diminish the aesthetic appeal of the surrounding landscape.

For neighboring landowners, it can lower property values. This is a point of contention that often ends up in litigation.

Noise disturbances

Wind turbines, while generating clean energy, can produce noise, especially if they are situated too close to residential properties. Neighbors may file complaints about the audible disturbances caused by the rotating blades.

People often argue about whether the noise from the project is too loud if the project is adhering to regulations meant to mitigate noise pollution.

Zoning regulations and land use restrictions

Zoning rules and land use laws are different in each Texas community. In some places, there are clear rules about renewable energy projects, but not in all.

Legal battles often happen because people interpret local zoning laws differently. They argue about whether these laws allow or stop renewable energy projects in certain spots. Sometimes, fights break out over whether the project builders got the right permits or broke any zoning rules.

Easement agreements

Disagreements can also emerge over the terms of easement agreements, such as compensation, maintenance responsibilities and the duration of the easement.

Developers and landowners usually can negotiate these agreements between themselves to allow the installation of infrastructure like transmission lines or wind turbines.

Balancing development and landowner’s interest

As renewable energy projects grow in Texas, legal challenges about land use and property rights get more complicated. Texas courts are essential in settling these disputes. They must find a fair balance between promoting renewable energy and protecting the rights and worries of nearby landowners.