Implementing Sector: | State |
Category: | Regulatory Policy |
State: | Missouri |
Incentive Type: | Solar/Wind Access Policy |
Eligible Renewable/Other Technologies: | Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics |
Name: | 442.012 R.S. Mo. |
Date Enacted: | 1979 |
In Missouri, the right to utilize solar energy is a property right, but eminent domain may not be used to obtain such a property right. Easements obtained for the purpose of construction, reconstruction, remodeling, or acquisition of a solar energy system should be created in writing and are subject to the same conveyance and instrument recording requirements as other easements. Solar easements are considered a negative (i.e., restrictive or use prohibitive) easement and cannot be acquired by prescription; they must be negotiated expressly.
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