Report: Strict energy siting regulations curb property rights

By Tate Miller
The Center Square

In conjunction with the unveiling of a report on property rights and energy generation infrastructure, Republican Massachusetts state Rep. John Gaskey on Thursday called for a similar study on government regulations and property rights as it concerns energy siting in his state.

President of the Private Property Rights Institute Charlie Kolean – who attended Gaskey’s virtual press conference Thursday – told The Center Square: “This press conference in Boston is the opening salvo of what may be the most aggressive defense of property rights in decades.”

The Private Property Rights Institute (PPRI) is a group “rooted in conservative principles” and “committed to defending private property rights and limiting unnecessary government overreach.”

The PPRI and clean energy advocate Evergreen Action together wrote the report unveiled Thursday at the conference on property rights and energy infrastructure.

Kolean told The Center Square that “while this is a nationwide effort,” his organization’s report “features stories in Pennsylvania and Michigan – where landowners are facing or have faced some of the most egregious local government overreach in the country.”

“In both states, rigid permitting regimes, anti-development zoning laws and untenable local resistance – often with no end in sight – have made it nearly impossible for families to build homes, lease land for energy projects, or pursue basic economic opportunities,” Kolean said.

“We’re unveiling a new report that exposes these abuses, and we’re mobilizing a coalition to fight back,” Kolean said.

PPRI and Evergreen’s report includes a list of recommended policies for state governments, local governments, and energy developers.

In his own state, Gaskey said he is concerned with the effect of “local and state siting regulations” on private property rights.

Gaskey is calling for a study on the effects that local and state siting regulations have on property rights and infrastructure development.

“This is about more than just red tape – it’s about protecting the fundamental right of individuals to make decisions about their own land,” Gaskey said in the release.

Gaskey has not yet responded to The Center Square’s request for comment.

The report by the Private Property Rights Institute and Evergreen Action unveiled Thursday is on the subject of rural landowners who would like to lease land for energy infrastructure – often using “underperforming or low-productivity acreage” for wind, solar and battery storage. But the projects run into difficulties due to “outdated zoning rules, misinformation, and political interference,” he said.

“For a growing number [of rural landowners], energy generation infrastructure offers a stable, voluntary path forward to help supplement their income while keeping farms and ranches family-owned and operated,” the report said.

As the name implies, Private Property Rights Institute and its president Kolean are focused on the property rights aspect of the issue of landowners leasing land for energy purposes.

Kolean told The Center Square he believes that “property rights are the foundation of every other freedom we enjoy in America.”

“If the government can tell you what you can or can’t do with your own land, then you don’t truly own it,” Kolean said. “The right to use, lease, build on, or conserve your property is central to liberty, economic opportunity, and personal responsibility.”

The report stipulates that what one does with one’s land must be “within legal limits” to be considered a right.