By Troy A. Rule

The worldwide call for for fresh, renewable power has quickly multiplied lately and should most likely proceed to strengthen within the a long time to return. Wind and solar power platforms usually require huge amounts of land and airspace, so their starting to be presence is producing a various array of latest and demanding land use conflicts. Wind generators can create noise, disrupt perspectives or radar platforms, and threaten poultry populations. solar power tasks may cause glare results, effect pristine barren region parts, and burn up water assets. builders needs to effectively navigate via those and myriad different land use conflicts to accomplish any renewable power venture. Policymakers are more and more faced with disputes over those concerns and are seeking principles to successfully govern them. Tailoring cutting edge guidelines to handle the original conflicts that come up within the context of renewable strength improvement is important to making sure that the legislations allows instead of impedes the ongoing development of this crucial undefined.

This ebook describes and analyses the valuables and land use coverage questions that the majority ordinarily come up in renewable power improvement. even though it focuses totally on matters that experience arisen in the usa, the book’s discussions of foreign coverage ameliorations and evaluations of current techniques make it a useful source for a person exploring those concerns in a specialist surroundings at any place within the world.

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Renewable energy development as a use of airspace Conflicts over competing uses of surface land are relatively straightforward, but clashes over the other natural resource at the center of many renewable energy development conflicts—airspace—can be far more perplexing. As the following article excerpt describes, the sustainability movement is making airspace more valuable than ever before and further complicating efforts to govern this important resource. Airspace is among the most ubiquitous of all natural resources, present in every corner of the globe.

8 For the author’s own analysis of this topic, see generally Troy A. Rule, Wind Rights Under Property Law: Answers Still Blowing in the Wind, Probate & Property, Vol. 26, No. 6, pp. 56–59 (November/December 2012). 9 The author has also explored the topic of “solar rights” statutes in some detail. See generally Troy A. Rule, Shadows on the Cathedral: Solar Access Laws in a Different Light, 2010 U. Ill. L. Rev. 851, 876–88 (2010). 10 The topic of wind turbine wake interference is addressed in far greater detail in Chapter 3.

Are there any financial liens or encumbrances on title? Will the developer have adequate road and utilities access, or are additional appurtenant easements needed? Could any of the covenants, servient easements, or other encumbrances recorded against title potentially interfere with the development plan? These sorts of generic real estate development questions, while not the focus of this book, are just as capable of derailing a wind or solar energy project as they are at thwarting progress on any other type of real estate development.

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