Monumental Court Ruling for Property Owners Near Wind Turbines
(Queen’s Park) —- In a decision released late yesterday, the Ontario Superior Court of Justice has determined that legal claims against wind companies and against landowners who agree to host wind turbines are possible as soon as projects receive approval.
“Yesterday’s announcement that lawsuits may move forward against wind companies and land owners for the loss of property values is another proof point that the Liberals green energy plan simply isn’t working,” said Thompson. “It is a landmark decision and allows property owners who feel their property is being devalued by wind turbines an open and transparent voice in our court system. This is a major step in the right direction, and I am pleased that people with genuine concerns about wind turbines will have their voices heard.”
The ruling relied heavily on the work done by Ben Lansink of Lansink Appraisals and Consulting who came out with a report in October of last year stating that homes within a wind turbine zone are selling for much less than market-value. Lansink, who’s been qualified as a real estate expert in court proceedings, analyzed properties in the Shelburne area, home to 133-turbine Melancthon Wind Facility. He found five homes that had been bought by the wind farm developer, Canadian Hydro Developments, a subsidiary of Calgary-based TransAlta, at fair market value. Canadian Hydro later put those houses back on the market and they sold for an average loss of 38%. One brought 58.5% less.
The court also received evidence from Dr. Robert McMurtry, a medical doctor and well recognized published author on the health effects of industrial wind turbines. He said there is a high probability that wind turbines will cause one or more of the following adverse health effects at the plaintiffs’ properties: sleep disturbance, annoyance, headaches, ear pressure, dizziness, vertigo, nausea, visual blurring, and tachycardia to name a few.
“Again, this is just one more proof point that we need a moratorium now on industrial wind turbines,” said Thompson. “We have the excess energy, and the need for a moratorium, so why not get this right? In the wake of yet this ruling, I implore the Finance Minister to direct MPAC to begin a property value study immediately.”