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MISSOURI STATUTES AND CODES

442.012. Solar energy is a property right--eminent domain not permitted--easement requirements.

Solar energy is a property right--eminent domain notpermitted--easement requirements.

442.012. 1. The right to utilize solar energy is a propertyright but eminent domain may not be used to obtain such propertyright.

2. Any easements obtained for the purpose of construction,reconstruction, remodeling or acquisition of a solar energydevice shall only be created in writing and shall be subject tothe same conveyancing and instrument recording requirements asother easements. Any instrument creating a solar easement shallinclude, but not be limited to: The vertical and horizontalangles, expressed in degrees, at which the solar easement extendsover the real property subject to the solar easement and anyterms or conditions or both under which the solar easement isgranted or will be terminated. Easements for solar light shallbe considered a negative easement and cannot be acquired byprescription but must be negotiated expressly.

(L. 1979 H.B. 71 ยง 1)

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