Solar energy vs. shade - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 111

exceptions also help to prevent abuse of the statute and to promote more
efficient use of the airspace involved. For instance, in recognition of the
fact that trees can serve as valuable windbreaks or that their shade may
reduce air conditioning use during hot months, a board may refuse to
grant an easement order if it determines that “the easement would require
the removal of trees that provide shade or a windbreak to a residence on
the servient estate.” 51 The statute also requires boards to deny applications
in cases where the neighbor has “made a substantial financial commitment
to build a structure that will shade the solar collector” within the previous
six months. 52 This provision makes it more difficult for landowners to
exploit the statute's provisions to hinder already-announced development
projects.
Compensation to neighbors and recording of the easement
Prior to issuing an order for a solar access easement, a board operating
under Iowa's solar access statute determines some amount of compen-
sation due to the owner of airspace that would be burdened under the
easement. Simple appraisal techniques are available to help determine
this amount, which is to be the “difference between the fair market value
of the property prior to and after granting the solar access easement.” 53
Airspace is clearly more valuable in some areas than in others, so the
appraised value of such easements can vary widely depending on the
parties' location.
Once the easement's value is set, an applicant in Iowa may elect not to
pay the compensation amount and to simply abandon the entire process. In
some cases, that may be the most efficient outcome. For example, in urban
downtown areas, market values for airspace may be quite high. In such
situations, the required compensation amount for a solar access easement
would presumably be high as well. Applicants for solar access easements
in such locations are likely to be unwilling to pay such high amounts and
thus will not purchase easements under the statute, allowing the airspace
to be used for downtown buildings—a higher valued airspace use in that
setting.
If an applicant elects to pay the set compensation amount, the board
collects these funds and then issues a solar access easement that is recorded
in the public records like any other easement. 54 The owner of the burdened
neighboring property also receives the compensation funds.
In Iowa, solar access easements have no statutorily-set durational
term—a missing element of what is otherwise a relatively well-written
statute. However, when landowners with solar access easements obtained
under Iowa's statute stop using their solar energy systems, neighbors can
petition for removal of the easement . 55 This provision at least provides a
means of eliminating a solar access easement that no longer is serving any
productive purpose.