64.04.170 - Interference with solar easement -- Remedies.

Interference with solar easement — Remedies.

In any action for interference with a solar easement, if the instrument creating the easement does not specify any appropriate and applicable remedies, the court may choose one or more remedies including but not limited to the following:

     (1) Actual damages as measured by increased charges for supplemental energy, the capital cost of the solar energy system, and/or the cost of additional equipment necessary to supply sufficient energy:

     (a) From the time the interference began until the actual or expected cessation of the interference; or

     (b) If the interference is not expected to cease, in a lump sum which represents the present value of the damages from the time the interference began until the normally expected end of the useful life of the equipment which was interfered with;

     (2) Reasonable and necessary attorney's fees as fixed by the court; and

     (3) An injunction against the interference.

[1979 ex.s. c 170 § 13.]

Notes: Severability -- 1979 ex.s. c 170: See note following RCW 64.04.140.