Indiana Wind Watch
June 2018
Everyone's property rights matter!
Miami County's Judge Spahr has recused himself from a case in which Miami County property owners are suing the Miami County Commissioners for the taking of property and rights with current setbacks to homes rather than property lines. Fulton County Judge Christopher Lee is now the judge for this case. It is expected for Judge Lee to set a status conference later this month, so nothing will likely happen before the commissioners’ hearing July 10 or 11 where it is anticipated that the new, more protective Miami County ordinance with 2,000 foot setbacks to property lines will take effect after an anticipated tie vote between Commissioners Larry West and Alan Hunt will result in the Plan Commission's new recommendations becoming law. (Miami County Commissioner Josh Francis is a land agent for the wind company Renewable Energy Systems proposing wind projects in Miami, Cass, Jasper and Pulaksi Counties. He recused himself from voting on wind issues after residents insisted he has a conflict of interest in wind matters).
Henry County unsafe setbacks
The setbacks are of concern. Although a 500 ft max turbine height, the very minimum is 1.500 ft from a foundation with a 1.5 turbine height from the property line, no matter the zoning. Granted some people may be further than 1.500 ft from a turbine, but this occurrence is at the use of OUR land, not the leaseholders'.
As the beloved American song goes: "This land is your land. This land is my land...This land is made for you AND me." Use your land, not mine! Plus, 1,500 ft. isn't even the manufacturer's safety recommendation for an evacuation zone in the event a wind turbine malfunctions.
“You three [commissioners] have officially set the future of development in Henry County in opposition to families and individuals anywhere outside of any city limits,” business owner Gary Rodgers said. “You three are ending the future of real economic development in this county. So, in two years, there will be another election and 125 to 140 people will be voting for you. The rest of the county by then will recognize the disaster you have created here. I feel sorry for you and your legacy.”
Educating Fellow Hoosiers
Jay County residents also continue to work to educate the public about the impending projects planned for their area. Jay County is contending with Scout Clean Energy, a company known for getting leases signed and then selling off their projects.
Cass County and Miami County Property Rights groups have held several informational meetings to educate the public about the Renewable Energy Systems (RES) Harvest Wind project and the dangers of industrial wind turbines. They also invited speakers to talk about their experiences including Illinois' Ted Hartke, Michigan's Kevon Martis, and Ohio's Jeremy Kitson. RES's Harvest Wind project was stopped in Fulton County when commissioners Rick Ranstead and Bryan Lewis banned industrial wind turbines. Commissioner Steve Metzger recused himself from voting after perceived conflicts of interest were made public. Ranstead and Lewis studied peer-reviewed research about industrial wind turbines and said the vast majority of people in the project area contacting them did not want to live among wind turbines. Education is key!
Why are Wind energy companies in Indiana? Weak Wind Ordinances
Where Wind Energy Flourishes, so do Conflicts of Interest
The Montgomery County No Wind group is still pushing for their commissioners to change setbacks from 1,300 to 2,640 feet. Setbacks are also measured to homes instead of property lines. The commissioners have proposed a new ordinance which includes changes of little benefit to the non-participating landowner.
A few months ago the commissioners proposed to reduce the ordinance’s decibel limits from 60 to 30. However, Commissioner Phillip Bane said he would not vote to lower decibel limits.
Mr. Bane still continues to weigh in during discussions on wind despite concerns about conflicts of interest on his part with wind companies. At a commissioner’s meeting in April, he announced that he does not have a wind contract, nor does he intend on signing with Apex/Roaming Bison Wind. However, Mr. Bane was under a wind lease with Invenergy for his personal property from 2009 until 2015. Invenergy dissolved its agreement with leaseholders in 2015. From 2009 to 2015, Bane voted on two major pieces of wind legislation for the county. One was the outdated wind ordinance which he drafted in 2009, just a few months after he signed his lease with Invenergy. The second piece of wind legislation he signed for the county was with Akuo/Sugar Creek Wind in 2013. This agreement was in conjunction with labeling that area of the county as an Economic Redevelopment Area, or ERA. The definition of an ERA is in essence that of a rural ghetto. The Sugar Creek Wind agreement also allocated funds to Ivy Tech, where Bane is/was a paid member of the Board of Directors. Mr. Bane’s son has also enjoyed a position with GE Wind since 2016. Mr. Bane should recuse himself from voting on wind issues and stop participating in discussions regarding wind energy with other officials. (Phillip Bane holds an interest in Indiana and Ohio Case IH Bane-Welker equipment dealerships.)
Pulaski County Ordinance still weak
Why do we object to the setbacks?
Wind turbines planned for some projects in Indiana are 660+ feet tall, more than twice as big in size and megawatts as the first wind turbines built under the now outdated "model" ordinance. Multipliers should be used in ordinances to protect residents, and wind companies should be required to supply county officials with the operations safety manual for the model they will be installing so Commissioners and Plan Commissions can ensure homes are not in the unsafe evacuation zone surrounding wind turbines.
Wind turbines are so large that lease signers not only sign themselves up for the ill side effects, landowners are signing up all of their neighbors for the ill effects, too. In addition to property devaluation for neighboring property, wind companies themselves spell out all of the problems in the lease and the landowner signs all rights away to ever sue for the problems wind turbines cause. From a 2018 RES Indiana lease, "A non-exclusive easement, right, and entitlement on, over, across and under the Premises and any adjacent property owned by Landlord for any audio, visual, view, light, flicker, noise, shadow, vibration, air turbulence, wake, electromagnetic, electrical, radio and television frequency interference, and any other effects whatsoever resulting directly or indirectly from any operations conducted on or facilities now or hereafter located on the Premises."
Counties whose citizenry had success against big wind
- Allen
- Boone
- Fulton
- Grant
- Howard
- Marshall
- Noble
- Rush
- Wabash
- Wayne
- Wells
- Whitley