What landowners need to know

We’re still getting plenty of queries about leasing land for industrial wind turbines. We found a very good document from North Dakota with advice for landowners here:

http://www.ag.ndsu.edu/pubs/agecon/market/ec1394.pdf

and note the advice to seek legal help before signing.

While they do a good job of oultining the liability issues, what they DON’T tell you is that your “involuntary neighbours” can be very upset—the liability under “nuisance” is understated–you could have your entire community suing you if the noise and vibration from the industrial wind turbines affects them. This is especially true, as in North Gower-Richmond, where turbines are being placed within meters of homes. (Experts have said that Ontario’s 550-meter setback is not based on science but rather on geography and a desire to squeeze as many turbines into space as possible.)

Anyone looking at the dollar signs and considering leasing for turbines owes it to themselves, their families, and their community to look carefully at this issue. Twenty years is a long time to wish something had never happened.

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Legal action begins (2)

Once again, property owners in rural areas are finding that legal action is the only way to get redress for the situation they find themselves in, namely that the provincial government, corporate wind developers and landowners can plan industrial wind turbine projects which then affect the enjoyment of property, property values, and in many cases, people’s health due to sleep deprivation.

West Huron is the site of yet another legal action, another class action suit against the wind developer and the landowners who have leased their land for turbines.

Here is the basis on which the class action is going forward:

Our firm has been retained to commence a class action lawsuit against TTD Wind Project ULC, Twenty-two Degree Energy Corp. and landowners who erect wind turbines. This class action will ask the court for damages including but not limited to personal injuries due to health related problems, injury and/or loss of production of livestock, injurious affection, diminution in value of property and nuisance.

In Ontario, we do have another avenue which is the Ian Hanna challenge to the Green Energy Act, on the basis of the Precautionary Principle. A brochure and donation information is available at http://windconcernsontario.wordpress.com

To contact the North Gower Wind Action Group, email us at northgowerwindactiongroup@yahoo.ca

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Legal action spreads

As citizens affected by industrial wind turbines despair at the prospect of getting any help or protection from their governments, legal actions are beginning. We in North Gower are watching this and other events as the proposal for 10 industrial wind turbines proceeds; if approved, the Marlborough development by Prowind Canada will mean huge, 626-foot structures erected close to many homes and families, and farms.

Here is a story about a family in Michigan State, near Lake Huron, who have had their health and the enjoyment of their property affected, and are now part of a group of residents taking legal action. This is the fifth lawsuit against corporate wind developers in the U.S., and the first in Michigan.

The U.S. is “ahead” of Canada in terms of wind turbine installations, so watching these stories is important. Here is the link, which contains the print news story and a video as well. (On dial-up? The North Gower Branch of the Library has high speed, and high speed wireless. You can listen to video using headphones.)

Key comments:

Reporter: So, basically, you’ve built a house that is now unbearable to live in?

Citizen: Yes. How about that for an investment?

http://www.kselected.com/?p=8611

In Ontario, we have our own legal challenge in the form of the Ian Hanna challenge to the Green Energy Act. For more information on that, and on how to donate to the cause which if successful will benefit all in Ontario, go to http://windconcernsontario.wordpress.com

To contact the North Gower Wind Action Group, email northgowerwindactiongroup@yahoo.ca

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