1. The owner of a servient estate may apply to the solar access regulatory board or may petition the district court for an order removing a solar access easement granted by a solar access regulatory board under this chapter under any of the following conditions:

 a. If the solar collector is not installed and made operational within two years of recording the easement under section 564A.5.
 b. If the dominant estate owner ceases to use the solar collector for more than one year.
 c. If the solar collector is destroyed or removed and not replaced within one year.

Terms Used In Iowa Code 564A.6

  • Dominant estate: means that parcel of land to which the benefits of a solar access easement attach. See Iowa Code 564A.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Servient estate: means land burdened by a solar access easement, other than the dominant estate. See Iowa Code 564A.2
  • Solar access easement: means an easement recorded under section 564A. See Iowa Code 564A.2
  • Solar access regulatory board: means the board designated by a city council or county board of supervisors under section 564A. See Iowa Code 564A.2
  • Solar collector: means a device or structural feature of a building that collects solar energy and that is part of a system for the collection, storage, and distribution of solar energy. See Iowa Code 564A.2
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. The procedure for filing an application with the solar access regulatory board under this section and for notice and hearings on the application shall be the same as that prescribed for an application for granting a solar access easement. An order issued by the district court or a solar access regulatory board removing a solar access easement may provide for the return by the servient estate owner of compensation paid by the dominant estate owner for the solar access easement after the deduction of reasonable expenses incurred by the servient estate owner in proceedings for the granting and removal of the easement.
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