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  #1  
Old 09/05/09, 12:44 PM
Cyngbaeld's Avatar
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Wind rights?

So I'm browsing real estate on line. Place in west TX for sale and said "Wind Rights available with an acceptable contract" ????????!!!!!!!!! This is a new one on me. Bad enough that water and mineral rights can be sold separately from the land, but "wind rights?"
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  #2  
Old 09/05/09, 12:50 PM
 
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Wow whats next?????
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  #3  
Old 09/05/09, 01:01 PM
 
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West Tx. is full of wind farms. I imagine that is where this is coming from.

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  #4  
Old 09/05/09, 01:04 PM
 
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I thinks its just a way of saying " if you pay for it we will allow you to put a wind generator on the property". Anything to gouge those who are trying to live cheaper and greener. Be advised that some areas do not allow wind generators because of the look, and possible danger of flying blades if they break.
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  #5  
Old 09/05/09, 01:43 PM
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Quote:
Originally Posted by dragonchick View Post
I thinks its just a way of saying " if you pay for it we will allow you to put a wind generator on the property". Anything to gouge those who are trying to live cheaper and greener. Be advised that some areas do not allow wind generators because of the look, and possible danger of flying blades if they break.
Around here it's because of the noise they make. Even the small ones apparently can be annoying....constant whirrrrrr

I'm not surprised that in a country where the government can tell you that you can NOT capture the rainwater that falls from the sky onto your property, that someone is trying to control the rights to the breeze that blows across your home

I'm waiting for a "sun tax" and if anyone ever tries to tax the snow that falls on my yard, I'll tell them they can take it back or be charged RENT!
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  #6  
Old 09/05/09, 02:16 PM
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I'm in the Thumb of Mich. They are starting to put wind farms in this area. Looks like they cause a lot of problems with the people that can hear them,stress and those kinds of issues.
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  #7  
Old 09/05/09, 03:18 PM
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Wind power is big business in West Texas, take a drive out I20 and you'll go past the nations largest wind farm
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  #8  
Old 09/05/09, 04:03 PM
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The next time them hurricanes get lined up back to back on the east coast,I'm gunna give Y'all a deal you can't refuse.LOL Never heard of anything so rediculous, if they could figure how to charge for our air we breath,we'd be having another bill to send off every month.It would be Pay or Die,. Eddie Buck.
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  #9  
Old 09/05/09, 04:09 PM
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If they buy the wind rights are they then responsible for any damage the wind causes ??
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  #10  
Old 09/05/09, 04:14 PM
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Quote:
Originally Posted by PyroDon View Post
If they buy the wind rights are they then responsible for any damage the wind causes ??
YOU MIGHTY RIGHT,lol eb
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  #11  
Old 09/05/09, 04:23 PM
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Air rights over a property are a well established legal concept so my guess is that wind rights would be something similar.

Mike
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  #12  
Old 09/05/09, 08:19 PM
 
Join Date: Mar 2004
Posts: 859
does that mean after selling you the property they can come in and put up a windmill on your property? I thought even if you don't have mineral rights, that the mineral right OWNER had to access said minerals under your property from their own property, not from your property?
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  #13  
Old 09/05/09, 08:27 PM
 
Join Date: Oct 2005
Location: upper michigan
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keep your wind off my property.
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  #14  
Old 09/05/09, 08:44 PM
 
Join Date: Jul 2005
Location: Missouri
Posts: 431
Several Wind Farms in NW Missouri

I believe the wind rights are property owners in/around the wind farm, not necessarily the actual windmill location. I believe the wind rights are extended some many "miles" in front of the turbines....I would suppose to protect the windstream coming at the wind mills after they are erected. Actual wind mills on property generally earn a 5,000 lease per mill for each landowner. Not sure what adjacent property owners might receive for "wind rights".....
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  #15  
Old 09/06/09, 02:02 AM
naturelover's Avatar
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Wind Rights in Texas explained:
http://www.dallasbar.org/members/hea...7&issue_id=138

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  #16  
Old 09/06/09, 02:39 PM
 
Join Date: Feb 2009
Location: TX
Posts: 291
If a company wants to put a wind turbine on your land, they offer to lease the wind rights. It is usually for 99 years. It allows them to put the turbine on your land while you retain ownership of the land. Many property owners find this type of arrangement to be very advantageous.

I am puzzled that so many of you are troubled by something you made no effort to understand.
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  #17  
Old 09/06/09, 02:51 PM
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Quote:
Originally Posted by Mel- View Post
does that mean after selling you the property they can come in and put up a windmill on your property? I thought even if you don't have mineral rights, that the mineral right OWNER had to access said minerals under your property from their own property, not from your property?
Nope usually the mineral right is the superier right so they can access it ANYWAY the like. Usually they do have to pay you for the damage they do though.
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  #18  
Old 09/06/09, 05:21 PM
 
Join Date: Jan 2008
Location: Gratiot Co, Michigan
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Quote:
Originally Posted by Mel- View Post
does that mean after selling you the property they can come in and put up a windmill on your property? I thought even if you don't have mineral rights, that the mineral right OWNER had to access said minerals under your property from their own property, not from your property?
If you don't have the mineral rights, the owner of said rights can exploit them. You would be 'compensated' for damage, but you would be hard pressed to keep them from exploiting said rights.
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