I'm not entirely sure on what you mean, but I think you mean the land lease owners have rights to say yes or no to a turbine on their property? Yes they do have rights to their land and they can decline or accept.ross wrote:QR_BBPOST Correct me if I'm wrong but here. Back when Nextra was just getting all their ducks & approvals in a row & we were fighting yes the municipality had no say but the owners of the land there on did . Is it still the same ?
Yes, municipalities were stripped of their rights in the GEA 2009. Still the same.
A landowner can sign a lease agreement, they are given that right. But as soon as you sign, your rights are removed as well. You can not file health complaints, you can not discuss with the media, you get enormous leins against your land/farm/home. You do not meet the minimal setback requirements. There are homes here that have Turbines just over 200m to their home, but they can't say anything because they are leaseholders. You can not file noise complaints. They also can not seek legal counsel after they have signed the land lease agreement.
The owners of the land can negotiate where the tower is prior to signing, but it's been 'heard' that if the wind company determines a different spot is better, than in the lease agreement they have the 'power' to change the location of the tower, after it is signed by the land lease owner.