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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33793
Experience:  15 years real estate, Realtor. Landlord 26 years
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We purchased land in Vermont to build a retirement home. A

Customer Question

We purchased land in Vermont to build a retirement home. A corporation is planning on erecting 28 industrial wind turbines in the area possibly with the states overriding approval. The turbines will affect the property values in the area. Do the towns people have recourse?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If you can demonstrate that land values in similarly situated towns have decreased due to the construction of the wind farms, then you could file suit based on the legal doctrine of private nuisance to try and get an injunction against the wind farm from being constructed or for damages. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..So if their actions will reduce your property value, then you can sue them for either an injunction to prevent the farm from being constructed entirely, which is kind of unlikely if the state is behind them, or for damages equal to the diminished value of your land as calculated by a projected appraisal by a licensed appraiser showing a reduction in value of your property with the farm vs. without it..In a situation like this, the more homeowners who join together to oppose this, the better the chance of either stopping it or the farm just settling and agreeing to compensate the owners for any loss in value rather than fighting in court for a few years....thanksBarrister

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