34-22-103. Declaration of solar rights.
(a) The beneficial use of solar energy is a property right.
(b) In disputes over the use of solar energy:
(i) Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;
(ii) Priority in time shall have the better right, except as provided in this act; and
(iii) Nothing in this act diminishes the right of eminent domain.
(c) Solar rights are property rights and as such shall be freely transferable within the bounds of law.
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