2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 9 - Easements (Arts. 1 — 5)
Article 2 - Solar Easements (§§ 44-9-20 — 44-9-23)
§ 44-9-21. Legislative findings and declaration of policy
The General Assembly finds that the use of solar energy in this state can help reduce the nation’s reliance upon imported fuels and that solar energy development should, therefore, be encouraged. The General Assembly further finds that, as the use of solar energy devices increases, the possibility of future shading of such devices by buildings or vegetation will also increase. Therefore, the General Assembly declares that solar easements may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight.
History
Ga. L. 1978, p. 2076, § 2.
Annotations
Research References & Practice Aids
Cross references.State building, plumbing and electrical codes, § 8-2-20 et seq.
Law reviews.For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).
For note, “Solar Farms in Georgia: Why We Need To Start Thinking About the End,” see 39 Ga. St. U.L. Rev. 1131, 1140 (2023).
RESEARCH REFERENCES ALR.Separate assessment and taxation of air rights, 56 A.L.R.3d 1300.
Federal Environmental Regulation of Solar Farms, 82 A.L.R. Fed. 3d 2.
Hierarchy Notes:O.C.G.A. Title 44
O.C.G.A. Title 44, Ch. 9
O.C.G.A. Title 44, Ch. 9, Art. 2