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Bill > HB1060
OK HB1060
OK HB1060Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
04/08/2025
04/08/2025
Crossed Over
03/12/2025
03/12/2025
Passed
05/08/2025
05/08/2025
Dead
Signed/Enacted/Adopted
05/15/2025
05/15/2025
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to easements; enacting the Oklahoma Uniform Easement Relocation Act of 2025; defining terms; making provisions of act applicable to certain easements; excluding certain easements from relation; establishing the right of a property owner to relocate an easement in certain circumstances; providing that a property owner may commence a civil action to relocate an easement; providing the requirements for commencing a civil action to relocate an easement; providing the court guidelines in creating an order for relocation of an easement; requiring the recordation of certain documents prior to relocation of an easement; providing for reasonable expenses related to the relocation of an easement; requiring the parties to a civil action for easement relocation to act in good faith in facilitating relocation; providing when a proposed easement relocation is considered to be final and complete; providing and limiting the effect of an easement relocation; providing that the right of a property to relocate an easement under this act cannot be waived, excluded, or restricted by agreement; providing that the law should be applied and construed to promote uniformity with other states that enact the act; providing relation to the Electronic Signatures in Global and National Commerce Act; providing that this act applies to an easement created before, on, or after the effective date of this act; providing for codification; and providing an effective date. SUBJECT: Easements
AI Summary
This bill introduces the Oklahoma Uniform Easement Relocation Act of 2025, which provides a legal framework for property owners (servient estate owners) to relocate existing easements under specific conditions. The act defines various types of easements and establishes a process by which a property owner can petition a court to move an easement without fundamentally changing its purpose or utility. To relocate an easement, the owner must file a civil action and demonstrate that the relocation will not materially reduce the easement's usefulness, increase the burden on the easement holder, impair safety, or negatively impact the dominant estate. The bill requires the property owner to serve notice to all relevant parties, including the easement holder and any recorded interest holders, and obtain a court order specifying the new easement location, required improvements, and mitigation plans. The property owner is responsible for all reasonable relocation expenses, including construction, permitting, and any increased maintenance costs. Importantly, the right to relocate an easement cannot be waived or restricted by prior agreements, and the act applies to easements created before, on, or after its effective date of November 1, 2025. The bill aims to provide property owners more flexibility in land use while protecting the rights of easement holders.
Committee Categories
Justice
Sponsors (2)
Last Action
Becomes law without Governor's signature 05/15/2025 (on 05/15/2025)
Official Document
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