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MO HB3358

MO HB3358
Establishes provisions relating to the sale of property with a prescriptive easement for public use


summary

Introduced
02/19/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishes provisions relating to the sale of property with a prescriptive easement for public use

AI Summary

This bill establishes new provisions for the sale of property that has a prescriptive easement for public use, meaning a right for the public to use a portion of private land that has been established through continuous, open, and unauthorized use over a long period. Under this bill, if an individual sells property with such an easement to another person, the easement will not automatically transfer to the new owner, thus not binding them to allow public use. However, the bill allows for a prescriptive easement to be reestablished on the purchased property if it can be proven that the public's use was continuous, uninterrupted, visible, and adverse for a full ten years. Importantly, this ten-year period for reestablishing the easement will reset with each new owner, and the current owner can prevent its reestablishment by making oral statements or posting signs indicating their objection to public use.

Sponsors (1)

Last Action

Read Second Time (H) (on 02/23/2026)

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