SPONSOR: Falkner
This bill establishes the "Uniform Easement Relocation Act".
The bill defines "appurtenant easement", "conservation easement", "dominant estate", "easement", "easement holder", "easement in gross", "lessee of record", "negative easement", "public utility easement", "security instrument", "security-interest holder of record", "servient estate", "title evidence", "unit", and "utility cooperative" as pertaining to the Act.
This bill specifies what types of easements may be relocated and details whether the relocation may proceed when individuals using the easement are affected by the relocation. The bill specifies the process necessary to obtain and execute an order to relocate an easement as well as the requirements for a court to approve relocation of an easement.
Upon the approval of an easement relocation, a servient estate owner is responsible for relocation expenses, as listed in the bill. This bill specifies the requirements for the construction of an improvement if an order for relocation requires construction of an improvement as a condition for relocation. Contractual implications of a relocation of an easement are also specified in the bill.
The right of a servient estate owner to relocate an easement cannot be waived, excluded, or restricted by agreement regardless of instances listed in the bill.
This bill is the same as HCS HB 2862 (2024).
Statutes affected: