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Bill > HB2119

OK HB2119

OK HB2119
Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to easements; enacting the Oklahoma Uniform Easement Relocation Act of 2025; defining terms; providing applicability of act 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 National Commerce Act; providing that the act applies to an easement created before, on, or after the effective date of this bill; providing for codification; and providing an effective date.

AI Summary

This bill introduces the Oklahoma Uniform Easement Relocation Act of 2025, which provides a legal framework for property owners (specifically servient estate owners) to potentially relocate an existing easement through a court-approved process. The bill establishes detailed requirements for easement relocation, including that the relocation cannot materially reduce the utility of the easement, increase the burden on the easement holder, impair the easement's purpose, or negatively impact safety, property value, or existing property interests. To relocate an easement, the property owner must file a civil action, serving notice to the easement holder and other interested parties, and obtain a court order that specifies the new easement location, required improvements, and mitigation measures. The servient estate owner is responsible for all reasonable relocation expenses, and all parties must act in good faith during the process. Importantly, the bill explicitly states that the right to relocate an easement cannot be waived or restricted by prior agreements, and it applies to easements created before, on, or after the act's effective date (November 1, 2025). The act specifically excludes certain types of easements from relocation, such as public utility, conservation, and negative easements, and aims to provide a uniform approach to easement relocation across states that adopt similar legislation.

Committee Categories

Justice

Sponsors (2)

Last Action

House Judiciary and Public Safety Oversight Hearing (10:30:00 3/4/2025 Room 4s5) (on 03/04/2025)
(1 Companion Bills)

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