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Written by Pinky Bean

Backyard trees and solar energy divide California neighbors

Posted by Pinky Bean on February 20, 2008 6:25 PM Filed Under: Life

I've eagerly been awaiting another environmental soap opera since the issue of the Japanese whalers vs. Greenpeace appears to have cooled. Fortunately some California residents sensed my anticipation and delivered.

Mark Vargas is really angry. In an effort to be earth-friendly and provide his home with an alternate source of energy, he installed solar panels on his house. Now he's asking that charges be filed against his neighbors, whose large redwood trees are currently blocking said solar panels from receiving sunlight. Mark's neighbors contest that those trees have been in their yard much longer than the solar panels, which were installed in 2001, and refuse to cut the trees down.

Cases like these are becoming more and more frequent in the state as citizens heed recommendations to switch to renewable energy sources and then experience these types of roadblocks once they do.

"Five or ten years ago, you wouldn't have seen this case because there weren't that many systems around," said Frank Schiavo, a retired environmental-studies professor at San Jose State University. "I can almost guarantee there are going to be more conflicts."

In the case or Mark, it appears the law was on his side and a judge ordered the neighbors to cut down two of their redwoods because a three-decade old law that has never before been enforced, protects a homeowner's right to sunlight. The law forbids any tree or shurb to shade more than 10 per cent of a neighbor's solar panels between the hours of 10 a.m. and 2 p.m. and the only exempt trees are those that already cast shadows on the solar panels when they are installed. For their part, the neighbors who drive a Toyota Prius, claim they care about the environment too and point out their trees demonstrate this by absorbing carbon dioxide, cooling surrounding air and provided a home for wildlife. Mark fires back that the neighbors would need two to three acres of trees to save the equivalent carbon emissions his energy system does.

So who is right in this case? Obviously Mark spent a lot of time, money and effort in converting his home to solar power, but what about the rights of his neighbors who likely had those trees in the yard years before Mark even started work on his project? Is there a compromise that could make both parties happy? Let's hope so or I fully expect to be treated to more stories like this in the future.

» MSNBC Environment

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