Legal Question in Real Estate Law in California

A middle school is building a field of solar panels behind our home. This will lower property values. What can we do?


Asked on 6/27/11, 11:51 am

4 Answers from Attorneys

It depends on how far along the development process is. If they are actually building it now, you missed the boat.

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Answered on 6/27/11, 12:24 pm
Daniel Beck Beck Law P.C.

You would have to make a claim against the the school district for Inverse Condemnation. You would have to have an appraiser that would do a report to show the value of your proterty being diminished as a result of the solar panels and for how much. This "administrative claim" must be filed with the district within 6 months of the districts decision. When the district gets the claim that must aceept or reject it. If the District rejects it, then you can file a lawsuit in superior court for Inverse Condemnation agaist the District to recoup your loss for the devaluation.

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Answered on 6/27/11, 12:38 pm

Mr. Beck knows neither inverse condemnation law nor government law. Inverse condemnation claims are not subject to the Government Code claim requirements before filing suit. He is also incorrect that all you have to do is show your property value was diminished by the solar system. There must be an actual and substantial invasion of the use and enjoyment of your property and your rights in it. The mere building of an unsightly structure in your line of sight does not qualify. A 130 foot cellular tower and the buzz from the equipment shed at its base did not qualify in Oliver v. AT&T Wireless Service. �[T]he burden imposed on plaintiffs� property by the new tower and its attendant equipment does not resemble the type of perceptible intrusion, such as strong odors, overpowering noise, dust, vibration, or the loss of light, which directly and substantially burden the property so as to give rise to an inverse condemnation claim.� Inverse condemnation, for what amounts to a public nuisance, applies to such things as airports adding or expanding jet service, sewage treatment plants directly up wind in prevailing winds, and freeway construction or expansion in close proximity to property (see, Harding v. CalTrans), not passive solar panel arrays. Your chance to put a stop to it was at the planning stage when the environmental impact reports were being prepared under the California Environmental Quality Act. You MIGHT still have a chance to do something under CEQA (pronounced SEE-kwuh) if there was some defect in the EIR process or the EIR itself, and the time for filing on that basis has not run out.

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Answered on 6/27/11, 2:17 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick.

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Answered on 6/29/11, 5:28 pm


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