Solar entitlement: a proposed legislative model

Journal Article · Sat Jan 01 04:00:00 EST 1983 · J. Energy Law Policy; (United States)

OSTI ID:6818259

Lungren, J H

The fundamental legal obstacle hindering solar expansion is the lack of a legal right to continued access to the sun. Homeowners are unlikely to commit scarce capital resources to install solar systems unless uninterrupted access to the sun is guaranteed. Current legal theories appear to be inadequate; minimal protection sought through land use controls nuisance doctrines, prior appropriation, easements, and restrictive covenants have not developed a clear policy. This article focuses on the individual solar energy user who collects his own sunlight and converts it into energy on a single building basis. It concludes that any legal basis for assuring solar access will pit the public interest against private property rights. The law must equate the benefits and detriments of solar use with the importance of preserving limited natural resources. 141 references.

• Research Organization: Washburn Univ., Topeka, KS
• OSTI ID: 6818259
• Journal Information: J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 4:2; ISSN JELPE
• Country of Publication: United States
• Language: English

Related Subjects

14 SOLAR ENERGY
140400* -- Solar Energy-- Environmental Aspects
29 ENERGY PLANNING, POLICY, AND ECONOMY
299001 -- Energy Planning & Policy-- Solar-- (1989-)
LEGAL ASPECTS
PROPERTY RIGHTS
PUBLIC POLICY
SOLAR ACCESS
SOLAR RIGHTS