HB1408

This bill enacts the Uniform Easement Relocation Act, providing a legal framework for the relocation of easements on real property. It allows a servient estate owner—the person whose land is burdened by an easement—to petition a court to relocate that easement, provided certain strict conditions are met. These conditions ensure that the relocation does not materially lessen the easement's utility, increase the burden on the easement holder, or impair the value or safety of the dominant estate. The act explicitly excludes certain types of easements from this relocation process, such as public-utility, telecommunications, conservation, and negative easements, as well as those held by public entities or the State Highway Commission. It outlines the procedural requirements for commencing a civil action, including notification of all interested parties, such as security-interest holders and lessees. Furthermore, the bill mandates that the servient estate owner covers all reasonable expenses related to the relocation, including construction, permit acquisition, and legal or expert fees. Finally, it requires a court to review and approve the relocation, ensuring it is fair, equitable, and properly recorded in land records.