Wind Power Projects, Nuisance Claims and Right-to-Farm

November 23, 2010
Brett E. Slensky and Angela M. Pappas
ABA SEER's Agricultural Management Committee Newsletter

The development of wind power projects on and around our nation's farmland is a growing trend. This growth, which has been metaphorically described as the "crop of the 21st century," may be attributed to a

number of factors, including technology improvements and equipment cost reductions, the reality that some of our nation’s best wind resources are found in traditionally agricultural areas,and the emergence of state and federal policies that have incentivized these projects. Despite the upside associated with these projects, a range of legal risks remains. This article will examine one category of these risks—the risk of nuisance suits—that a system owner or host may face in connection with the development of a wind power project and/or the existence of a wind turbine on a farm.

View Document(s):