Solar Easements & Rights Laws

Last updated: October 01, 2019

Program Overview

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

Authorities

Name:442.012 R.S. Mo.
Date Enacted:1979

Summary

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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