Acquiring wind rights for a wind energy project is necessary to ensure that winds have unimpeded flow to turbines.The issue has caught the attention of TheVolokh Conspriacy, which is interested in the eminent-domain aspect of the project.
“Wind rights place limitations relating to the height of obstructing structures,” Nierengarten said.
A landowner who sells wind rights agrees to refrain from building wind-obstructing structures within defined setback requirements.
As a practical matter in rural areas, this would mean that landowners selling wind rights couldn’t erect their own towering wind turbines within a certain distance of a city-operated turbine on an adjacent property.
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