风力涡轮机在德州随处可见. In fact, Texas is the largest wind-energy producing state in America. In 2017, the number of megawatts produced by Texas wind farms surpassed the number of megawatts of energy produced by Texas coal plants. 然而, not everyone is a fan of wind farms or the look of the wind turbines dotting the skyline across the Lone Star State. This has led to an interesting question: Can claimed negative aesthetic impact of a wind project by a neighboring landowner constitute a nuisance under Texas law?
基本德州妨害法
A nuisance is defined as a “condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.“一般, nuisance lawsuits involve invasion of a plaintiff’s property by light, 声音, 气味, 或其他异物. 例如, nuisance claims have arisen related to 气味s from a neighboring feedlot and noise from a propane cannon shot off in a grain field to deter feral hogs.
兰金 v. FPL能源有限责任公司
这个问题的主要案例发生在德克萨斯州, 由东区上诉法院于2009年裁定. In 兰金 v. FPL能源有限责任公司, neighbors of the Horse Hollow Wind Farm in Taylor County filed a lawsuit against the farm claiming it constituted a nuisance. The plaintiffs’ key claim was that the “wind farm’s aesthetic impact” and the emotional impact of the loss of the unimpeded view for neighboring landowners was a condition worthy of consideration by a jury.
The plaintiffs claimed that the 400-feet-tall turbines significantly diminished the area’s scenic beauty and, 因此, 享有他们的财产. 一名原告声称，因为风力发电场的视野, 他们放弃了开住宿加早餐旅馆的计划.
The court rejected the plaintiffs’ argument that the aesthetic impact created a nuisance. Although the court recognized the wind farm’s impact on the view and the emotional reaction this could cause, 它根本不构成妨害. Texas case law limits a nuisance action “when the challenged activity is lawful to instances in which the activity results in some invasion of the plaintiff’s property and by not allowing recovery for emotional reaction alone.” Thus, Texas courts do not provide a nuisance action for damage to aesthetic impact.
外卖
This case is a good reminder that the nuisance doctrine exists and is something all landowners should know about. 一般, a person has the right to do what he or she wants on his or her own property, but that right could be limited in the event that it substantially interferes with others’ use and enjoyment of their property.
The fact that Texas law does not recognize a nuisance claim against a wind company related to aesthetic impact does not prohibit all nuisance claims. 例如, claims related to noise or light could still potentially be available to a landowner neighboring a wind farm. Courts in West Virginia and New Jersey have allowed nuisance claims related to noise from neighboring wind turbines.
事实上, 在兰金和随后的案件中, nuisance claims have been filed against wind farms for the noise caused by the turbines when the wind is blowing, 从涡轮机发出的闪烁的红光, 还有旋转叶片的阴影闪烁效果. 尽管美学主张被法院驳回 兰金 在这种情况下，这些其他索赔被允许进行审判.
当谈判风能租赁(或太阳能租赁)时, a landowner may want to seek indemnity from the company in the event this type of lawsuit is filed and the landowner is named as a defendant as well. 我们看到更多的风力发电场正在建设中, 尤其是靠近城市地区, the chances of a nuisance lawsuit being filed will likely increase and a landowner could potentially be named as a defendant in this type of case.