The allocation of sunlight: solar rights and the prior appropriation doctrine. [119 references]
Journal Article
·
· Univ. Colorado Law Rev.; (United States)
OSTI ID:5927995
Statutes and regulations controlling rights to natural resources are explored as potential bases for the formulation of solar access legislation. The legal allocation of sunlight is considered the responsibility of the federal legislature, according to the constitution, although the judiciary, the federal government, and the state governments may be capable of settling disputes in solar access cases. Federal legislative action is considered necessary because of inconsistencies between different states' statues and the potential nullification of judicial decisions by subsequent legislation. Laws controlling resources which are analogous to sunlight are recommended as potential guidelines for establishing solar access rights. The regulations reviewed include oil and gas laws, the doctrine of ancient lights, solar easements, zoning, and water laws. Of these resource laws, water resources are considered the most analogous to sunlight resources. Water laws in prior appropriation states provide for processes of appropriation, notice, hearing, use, transferability of rights, and prevention of waste. Riparian states, however, are gradually changing from riparian doctrines to permit systems. Such a permit system could be adopted initially for solar allocation. A rights act legislating solar policy is proposed with the approach of formulating legislation as the need arises. (119 references.)
- OSTI ID:
- 5927995
- Journal Information:
- Univ. Colorado Law Rev.; (United States), Journal Name: Univ. Colorado Law Rev.; (United States) Vol. 47:3
- Country of Publication:
- United States
- Language:
- English
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