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With turbines, land freedoms have a limit
Credit: The Clinton County Leader | March 3, 2016 | www.clintoncountyleader.com ~~
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Translate: FROM English | TO English
For months now, I have heard people say (as it relates to wind turbines and zoning) “Nobody can tell me what I can do with my land.” I agree with that to a certain extent. We certainly do not want anyone telling us where to put a fence, build a shed, or even park a tractor. We moved here from California, where we lived in a planned community. It was against the rules to park a camper in the driveway or leave trash cans out for more than a day after pickup. I get it! But this does not “fly” with wind turbine contract owners.
When our friends, families and elected/appointed officials signed a NextEra (26 plus pages) contract, they gave away a lot of those land rights for themselves as well as the rights of the non-participating friends, family members and neighbors.
As I continue to read and reread (and try to understand) the contract, certain sections stand out. The paragraph numbered 5.2 entitled EFFECTS EASEMENT is one of them. It reads as follows: OWNER GRANTS TO OPERATOR A NON-EXCLUSIVE EASEMENT FOR AUDIO, VISUAL, VIEW, LIGHT, FLICKER, NOISE, SHADOW, VIBRATION, AIR TURBULENCE, WAKE, ELECTROMAGNETIC, ELECTRICAL, RADIO FREQUENCY INTERFERENCE, AND ANY OTHER EFFECTS ATTRIBUTED TO THE WIND FARM OR ACTIVITY LOCATED ON THE OWNER’S PROPERTY OR ON ADJACENT PROPERTIES OVER AND ACROSS THE OWNER’S PROPERTY (“EFFECTS EASEMENT”). This effects easement threatens the health, safety, and quality of life for all of us, but more specifically, it makes the non-participants, unwilling to sign a contract, victims of the actions taken by the signers.
This section, as well as many others, has NextEra telling our neighbors, families, and elected/appointed officials that have contracts, exactly what they can do with their land and ours. People believe most signers really did not know what they were doing and the harm these wind turbines will bring to our farming community. It does not diminish their feelings of betrayal, but it leaves hope there may come a day when wounds will start to heal.
Adams, Camden, Dallas and Sherman townships will have the opportunity to adopt zoning on April 5, 2016. Zoning gives the citizens of our county the tools to put ordinances in place protecting us from commercial projects such as trash transfer points, trash dumps, industrial wind turbines or future objectionable, unanticipated assaults on our townships. Please vote YES for zoning April 5th.
A Concerned Citizen for the Future of DeKalb and Clinton County,
Leslie Dyer
Stewartsville
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