Respect for Property Rights Essential in Our Energy Transition

Here's a scene to think about: An Indiana farmer is preparing to plant corn, and a neighbor pulls up and says he doesn't want corn on that land. That last year they planted soybeans, and the neighbor prefers to look at soybeans because they are not as tall.

Sound fair?

Of course not, and even more so if the farmer may want to use part of that land for a different crop because it will provide a better more stable income for their family.

But the neighbor says no.

That is the kernel of an energy debate: Some people want to deny landowners from using their land for renewable energy projects that diversify their income from their land and provide a valuable regional resource.

Keep in mind that these are power projects with the latest technology, with zero emissions and much-needed economic development for our rural communities.

Those are facts. But those opposed to solar farms in Indiana want some joint rights for another taxpayer’s land. Obviously, that’s just not fair.

Of course, Indiana counties do need to protect neighbors, and thoughtful, balanced solar ordinances do just that. They establish reasonable setback requirements for solar that both protect the neighbor and minimize how much land is needed for a solar farm. New ordinances can require vegetation and landscaping to minimize the view of the solar farm from the outside and require decommissioning agreements with financial backing to ensure that the equipment is properly removed at the end of the project’s life. That's why we have ordinances to begin with!

We believe in property rights here in Indiana. We do not believe that neighbors should be able to control someone else's property. There's nothing neighborly about inhibiting the economic potential of your neighbor's property and family -- or even other people in the county.

Best of all, there's a way for us all to feel good about the standards our county leaders adopt. There's already an established set of standards that the Indiana legislature passed almost unanimously – both Democrats and Republicans agreed – and Governor Holcomb signed into law. Standards that provide a common sense way for renewable energy development to proceed in a county that protects landowners and their neighbors.

Being “Renewable Ready” brings people together to protect non-participating neighbors, including reasonable setbacks or visual screening. These are standards included in last year's legislation (also known as Senate Bill 411) that was supported by diverse groups like solar developers, the Farm Bureau, and others.

We can protect property rights of farmers who want solar and their neighbors if we're open to solutions, not just outright opposed to each other. Solar and wind are a big piece of our future and have a place in Indiana's energy portfolio, on Indiana property, as chosen by Indiana landowners.

Rachel Conner

Rachel Conner is a Hoosier native and lawyer with extensive experience in agriculture, renewable energy, and land use policy. Her career work has varied from farm advocacy to construction litigation to local economic development projects.

Prior to joining Hoosiers for Renewables, she served on the industry affairs team at the Indiana Soybean Alliance and Indiana Corn Growers Association with a focus on federal policy issues. She has also practiced law with private firms and served as director of a county plan commission. She holds a J. D. from Indiana University Robert H. McKinney School of Law and a B. A. in Economics and Political Science from Ball State University.

Rachel and her husband Josh live in Pendleton with their two sons. Her family operates a dairy and row crop farm operation in Henry County.

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