Missouri Solar Easements & Rights Laws

Program Overview

Implementing Sector	State
Category	Regulatory Policy
State	Missouri
Incentive Type	Solar/Wind Access Policy
Eligible Renewable/Other 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

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.

In June 2022, Missouri adopted S.B. 820, which prevents deed restrictions, covenants, and other similar binding agreements running with the land from prohibiting or unreasonably limiting the installation of solar panels on rooftops.

Authorities

Name	442.012 R.S. Mo.
Date Enacted	01/01/1979
Name	S.B. 820
Date Enacted	06/29/2022
Effective Date	01/01/2023

Contact

Missouri Department of Economic Development Division of Energy

Organization:

Missouri Department of Economic Development,

Address:

1101 Riverside Drive
Jefferson City, MO 65102

Phone:

(573) 751-2254

E-Mail:

energy@dnr.mo.gov