In Kentucky, solar easements may be obtained for the purpose of ensuring access to direct sunlight. Easements must be expressed in writing and will become an interest in real property that may be acquired and transferred.
In determining that the use of solar energy "can help reduce the nation's reliance upon imported fuels," Georgia encourages the development of solar-energy systems. Accordingly, under Georgia's Solar Easements Act of 1978, easements may be established to allow owners of solar-energy systems to negotiate for assurance of continued access to sunlight. Any easement must be created in writing and is subject to the same requirements as all other legal easements. The easement must contain:
Parties may voluntarily enter into solar easement contracts for the purpose of ensuring adequate exposure of a solar energy system. An easement must be expressed in writing and recorded with the register of deeds for that county.
The written agreement must contain a description of the airspace in question and any term and/or conditions under which the solar easement is granted or terminated.
In 2019, Idaho passed H.B. 158, which provides that a homeowner’s association may not limit or prohibit installation of solar panels or collectors on any property rooftop or structure within its jurisdiction. Homeowners associations may, however, enforce reasonable rules regarding the appearance of the panels. The provisions only apply to rooftops that are owned, controlled, and maintained by the homeowner.
Idaho law also allows for solar easements. Similar to laws in other states, Idaho's solar easement provision does not create an automatic right to sunlight. Rather, the law allows parties to enter into solar easement contracts voluntarily for the
Alaska's solar easement provisions are similar to those in many other states. They do not create an automatic right to sunlight. Rather, they allow parties to voluntarily enter into solar easement contracts for the purpose of ensuring adequate exposure of a solar energy system.
Oregon has several laws that protect access to solar and wind resources and the use of solar energy systems. Oregon's solar access laws date back to 1979 and state that no person conveying or contracting to convey a property title can include provisions that prohibit the use of solar energy systems on the property. Any provisions that prohibit the use of solar energy systems are void and unenforceable. Solar energy systems are defined broadly to include any device, structure, mechanism, or series of mechanisms that uses solar radiation for heating, cooling, or electrical energy. In June 2011, this law was
Maryland has a long-standing law protecting the rights of solar energy system owners. The original law prohibited restrictive land use covenants that imposed unreasonable limitations on the installation of solar collection panels on the roof or exterior walls of improvements and which became effective after July 1, 1980. (The grandfathering date was removed in 2008). This statute and its 2008 amendments do not apply to a restrictive covenant on historic property that is listed by the Maryland Inventory of Historic Properties or by the Maryland Register of Historic Properties.* Maryland also provides for the creation of easement agreements for a
Solar Policy
North Dakota's solar easement law is similar to those established by many other states. The law allows a property owner to obtain a solar easement from another property owner for the purpose of ensuring adequate exposure of a solar energy system to sunlight. A solar easement must include: