AUSTIN— Today, the Texas Public Policy Foundation released the policy perspective, Assigning Property Rights Through Wind and Solar Easements, which examines how Texas can reduce the growing conflict over wind turbine construction and avoid regulating turbine placement in rural Texas.

“Tensions are running high between Texas property owners because of the massive growth of wind turbine construction,” said Bill Peacock, vice president of research at the Texas Public Policy Foundation. “But it need not be that way. By eliminating subsidies and assigning property rights to wind and solar energy, Texas can avoid both the conflict and any need to regulate placement of wind turbines.”

“Assigning property rights to work has proven successful in other states like Minnesota,” said Jacob Morton, a research associate with the Texas Public Policy Foundation. “In some instances, enough landowners in an area have pledged not to allow their wind rights to be used that new construction of wind farms has been avoided.”

Key Points:

  • There is an inherent tension between those landowners who erect wind turbines and those who reside property near the turbines.
  • Minnesota has recognized a property owner’s right to the wind above their land, enabling property owners to protect themselves from the negative consequences wind turbines can bring.
  • Wind Locked, LLC, has seized on the new recognition; with more than 130 members, Wind Locked is stitching together a growing area of Minnesota where turbine encroachment is limited.
  • The Texas Legislature should recognize a landowner’s property interest in wind and solar rays that reach their land.

To access the full policy perspective, please visit:​