Current through the 2024 Budget Session
Section 34-22-103 - Declaration of solar rights(a) The beneficial use of solar energy is a property right. (b) In disputes over the use of solar energy: (i) Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise; (ii) Priority in time shall have the better right, except as provided in this act; and (iii) Nothing in this act diminishes the right of eminent domain. (c) Solar rights are property rights and as such shall be freely transferable within the bounds of law.