Texas court rules wind rights can be severed from land ownership
Short record: the main facts, with sources. A full case file has not been prepared.
- The record does not name which of my species, waters, soils or forests were harmed.
A Texas court ruled in 2023 that wind rights can be held apart from the land they cross. Wyoming has barred that separation by statute since 2011.
- Company that acquired the separated wind rights (unnamed in the sources) — won trespass suit against the turbine builder Greenberg Traurig
- Electricity company that built the turbines (unnamed in the sources) — lost trespass suit; jury award above USD 1 million Greenberg Traurig
What happened
Greenberg Traurig reported that a Texas court ruled in 2023, in a Hale County case, that wind rights can be separated from ownership of the land.
A company that acquired the separated wind rights won a trespass suit against the electricity company that built turbines on the land, and the jury awarded more than USD 1 million.
Wyoming's 2011 statute, W.S. 34-27-103, provides that wind rights cannot be separated from the surface estate, according to the vLex text.
In court and with insurers
Lawsuits and rulings
- 2023Claimant wonTrespass suit over severed wind rightsTexas court (as reported) · Civil · Company that acquired the separated wind rights (unnamed in the sources) → Electricity company that built the turbines (unnamed in the sources)
Jury awarded more than USD 1 million to the claimant. Greenberg Traurig
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- None on record The sources reviewed do not say whether the 2023 severance ruling and the trespass verdict were in the same court proceeding.
- None on record The sources reviewed do not name the court, the parties or the case number for the trespass suit.
Did the harm stop?
Not stated in the sources reviewed.
Who paid?
Not stated in the sources reviewed.
Sources
Press and investigations
- The severability of wind rights from a surface estateGreenberg Traurig · 2023-07-11