Section 442.012

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

Effective - 28 Aug 1979   

  442.012.  Solar energy is a property right — eminent domain not permitted — easement requirements. — 1.  The right to utilize solar energy is a property right but eminent domain may not be used to obtain such property right.

  2.  Any easements obtained for the purpose of construction, reconstruction, remodeling or acquisition of a solar energy device shall only be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements.  Any instrument creating a solar easement shall include, but not be limited to:  The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement and any terms or conditions or both under which the solar easement is granted or will be terminated.  Easements for solar light shall be considered a negative easement and cannot be acquired by prescription but must be negotiated expressly.

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(L. 1979 H.B. 71 § 1)