Wind rights
Encyclopedia
Wind rights are rights relating to windmill
Windmill
A windmill is a machine which converts the energy of wind into rotational energy by means of vanes called sails or blades. Originally windmills were developed for milling grain for food production. In the course of history the windmill was adapted to many other industrial uses. An important...

s, wind turbine
Wind turbine
A wind turbine is a device that converts kinetic energy from the wind into mechanical energy. If the mechanical energy is used to produce electricity, the device may be called a wind generator or wind charger. If the mechanical energy is used to drive machinery, such as for grinding grain or...

s and wind power
Wind power
Wind power is the conversion of wind energy into a useful form of energy, such as using wind turbines to make electricity, windmills for mechanical power, windpumps for water pumping or drainage, or sails to propel ships....

. Historically in the Low Countries
Low Countries
The Low Countries are the historical lands around the low-lying delta of the Rhine, Scheldt, and Meuse rivers, including the modern countries of Belgium, the Netherlands, Luxembourg and parts of northern France and western Germany....

 wind rights were manorial rights and obligations relating to the operation and profitability of windmills. In modern times, as wind becomes a more important source of power, rights relating to wind turbines and windmills are sometimes referred to as "wind rights".

Low Countries

Historically, "wind rights" (windrecht) referred to a tax paid by miller
Miller
A miller usually refers to a person who operates a mill, a machine to grind a cereal crop to make flour. Milling is among the oldest of human occupations. "Miller", "Milne" and other variants are common surnames, as are their equivalents in other languages around the world...

s in the Low Countries
Low Countries
The Low Countries are the historical lands around the low-lying delta of the Rhine, Scheldt, and Meuse rivers, including the modern countries of Belgium, the Netherlands, Luxembourg and parts of northern France and western Germany....

 before around 1800. The tax was paid on the "wind catch" (windvang) needed to turn a windmill
Windmill
A windmill is a machine which converts the energy of wind into rotational energy by means of vanes called sails or blades. Originally windmills were developed for milling grain for food production. In the course of history the windmill was adapted to many other industrial uses. An important...

, but it was often based on the windmill's output.

Since a windmill in a heerlijkheid
Heerlijkheid
A heerlijkheid was the basic administrative and judicial unit in rural areas in Dutch-speaking lands before 1800. It originated in the feudal subdivision of government authority in the Middle Ages. The closest English equivalents of the word are "seigniory" and "manor"...

was primarily the property of the lord (although leased out to a miller), wind rights were one way for a lord to discourage competition. In consideration for payment of this tax, the lord ensured that there were no wind obstructions around the mill by imposing a prohibition on buildings and high trees in the area. Another obligation imposed on residents was the "mill obligation" (molendwang), which required them to have their grain ground at the lord's mill. To a certain extent, this was another way for a lord to safeguard the income received from the mill.

Because of these rights and obligations, windmills had to be identifiable. They each had a name, traditionally the name of an animal. An image of the animal was placed on the mill so that even the unlettered would know which mill was which.

In the Netherlands, wind rights and the mill obligations were ended around 1800 when a new constitution was introduced in the Batavian Republic
Batavian Republic
The Batavian Republic was the successor of the Republic of the United Netherlands. It was proclaimed on January 19, 1795, and ended on June 5, 1806, with the accession of Louis Bonaparte to the throne of the Kingdom of Holland....

. Similar concepts still exist in modern times. Since around 1973 the wind needed to turn a mill has been referred to as the "windmill biotope
Biotope
Biotope is an area of uniform environmental conditions providing a living place for a specific assemblage of plants and animals. Biotope is almost synonymous with the term habitat, but while the subject of a habitat is a species or a population, the subject of a biotope is a biological community.It...

" (molenbiotoop). An area of 375 metres around a windmill is maintained as a "free zone" so that the windmill can have enough wind. For polder
Polder
A polder is a low-lying tract of land enclosed by embankments known as dikes, that forms an artificial hydrological entity, meaning it has no connection with outside water other than through manually-operated devices...

 windmills, ensuring that windmills have enough wind is the responsibility of the water board
Water board (The Netherlands)
Dutch water boards are regional government bodies charged with managing the water barriers, the waterways, the water levels, water quality and sewage treatment in their respective regions...

(waterschap or hoogheemraadschap). However, this seldom takes priority over the desire of municipalities to build new housing.

United States

In the United States, as a result of the increased interest in wind energy, developers or utilities purchase “wind rights" from landowners to allow the installation of one or more wind generators and an access road to the equipment in exchange for a payment to the landowner.
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