A solar rights zoning guarantee: seeking new law in old concepts
Journal Article
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· Washington University Law Q.; (United States)
OSTI ID:5868464
A discussion of the development of laws protecting solar access for solar energy users considered the natural resources law governing water, oil, and natural gas and the law governing real property as analogies and potential bases for solar access laws. Under the theory of riparian rights and the appropriation doctrine, sunlight access may be potentially legislated by the concepts of: first-use, reasonable use, priority limitations, condemnation for public use, or formation of a resourse board for solving problems of resource allocation. Oil and gas laws may also provide potential legal concepts for solar access legislation through the various court decisions on appropriation of a common resource reservoir or by viewing sunlight as a resource appurtenant to the real property on which it falls. The Doctrine of Ancient Lights has been rejected in this country and common-law rights to light, unless specifically enacted in individual statutes have not been upheld. Building codes and zoning regulations are considered to be one potential form of solar access protection through the control of population density, building height restrictions, building purpose evaluations, health and safety standards, and economic considerations. Oregon and Colorado have enacted statutes for the protection of solar access for collectors. The American Bar Foundation is developing model statutes regulating solar energy usage. The three proposed statutes are discussed. An approach using minimal legislation was incorporated into the development of a proposal for protecting light access for solar energy systems to be utilized in state legislation. (Extensive references.)
- OSTI ID:
- 5868464
- Journal Information:
- Washington University Law Q.; (United States), Journal Name: Washington University Law Q.; (United States) Vol. 1976:3
- Country of Publication:
- United States
- Language:
- English
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Sat Dec 31 23:00:00 EST 1977
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OSTI ID:6081707