Bill > HB252

This bill, recommended by the Boyd-Graves Conference, establishes procedures for relocating or modifying easements, which are legal rights to use another person's land for a specific purpose. The owner of the land burdened by an easement, known as the "servient estate," can now relocate or modify it in two ways: first, by obtaining a written agreement from the "easement holder" (the person or entity benefiting from the easement) and any other affected parties, such as trustees of deeds of trust, and filing it with the clerk of the circuit court in the relevant county or city; or second, if an agreement cannot be reached, by petitioning the circuit court, which will grant the relocation or modification if it finds that it does not materially lessen the utility of the easement, increase the burden on the easement holder, impair its purpose or safety, unduly disrupt its use, or diminish the value of the benefited land, with the servient estate owner covering all court costs except attorney fees. However, this bill specifies that certain easements, including those held by public service corporations, public utilities, or public entities, as well as conservation or telecommunications easements, are exempt from relocation or modification through a court petition, and no relocation or modification can interfere with these protected easements.