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.
| 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 |
| Name: | 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 |
| Email: | energy@dnr.mo.gov |
This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.
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