Land Owners question their rights in Solar Discussions – in Posey County News

Posey County News interviewed a few landowners and published this article. Here is a link, it begins on the first page at the bottom and continues to A5.

It’s good to get both sides of the story. The two landowners that have decided to lease their land to T E N A S K A no longer live here. They are benefiting twice as much from leasing their property for solar panels.

AGAIN, the non-participating residents are in favor of SMART solar development. NOT using agricultural land currently being farmed and surrounding resident’s homes. Or at the very least, larger setbacks (from the solar panels to the property line of a residence) AND screening to the homes, which was indicated in the article.

But it’s their property, they can do what they want.

Well, yes and no.

Zoning ordinances are enacted for the health, welfare, and safety of all residents, protecting property rights in both directions -the right to enjoy your land, but also, the right of your neighbor to enjoy his or her land.

Ordinances are intended to promote a safe, healthy, viable framework for development. Compatible land uses that work in harmony with each other to promote developmental goals increase the value of the community. Therefore, one neighbor cannot be granted a special use or variance that would harm his neighbor’s health, welfare, safety, and property values.

Do you see junkyards in the middle of a residential neighborhood? Or dog kennels cited in housing additions? Are Walmarts permitted in the middle of an Agricultural Zoned farming area?

The health, welfare, safety, and property values of the community must be considered, protected, and zoning laws followed and enforced. No, Landowners do not get to profit at the expense of their neighbors and community.

Excerpt from an attorney representing a community of 199 homes affected by a 120MW industrial solar power plant (not in our area).

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