Wind Energy and Your Deed Restriction, How does it effect you.
Tuesday, March 24th, 2009Delaware Association of Realtors announced that; HB 70 Deed Restrictions and Wind Energy: HB 70, legislation that would prohibit deed restrictions from limiting the use of wind energy systems, was tabled during consideration by the House Energy Committee. DAR told the Committee that while we support the use of alternative energy systems, we are opposed to governmental efforts to override private deed restrictions. DAR believes that the government should not interfere with the rights of property owners to privately regulate the use of their properties. DAR also expressed concern about other technical aspects of the bill and on the noise provisions. Several members of the Committee also expressed concern about the retroactivity of HB 70. The bill’s sponsor, Representative Oberle, agreed to revisit the issue during subsequent revision of the legislation.