Solar & Battery Regulation & Incentive Programs

Solar Easements & Rights Laws

Program Overview


Category:
Regulatory Policy
Program Type:
Solar/Wind Access Policy
Implementing Sector:
State
State:
Missouri
Eligible Storage Technologies:
Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Solar Photovoltaics
Applicable Sectors:
Commercial, Industrial, Local Government, Nonprofit, Residential, Schools, State Government, Federal Government
Last Updated:
05/28/2020

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.


Authorities

NameEnacted DateEffective DateExpired Date
442.012 R.S. Mo.01/01/1979