Search

The article examines several unresolved property law issues in the U.S. involving wind energy and highlights ways to address some of those issues through state legislation. The author states that the unique characteristics of wind as a natural resource create significant uncertainty over the nature of wind rights. He cites that one way for states to encourage wind energy development in their jurisdictions is to enact thoughtful legislation regarding property law.

The article examines some cases, literature, and legislation related to real estate law in the U.S. It notes the court case Miller v. Chase Home Finance LLC which shows that federal mortgage loan modification program does not create private right of action for borrowers against loan servicers. It mentions the book "Property," by Thomas W. Merrill and Henry E. Smith which covers the basics of American property law and theory. It cites the wind energy agreements authorized by Colorado.