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AR SB819

Bill

Status

Passed

4/11/2013

Primary Sponsor

Alan Clark

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Origin

Senate

89th General Assembly (2013 Regular)

AI Summary

  • Extends the preliminary hearing timeframe for access easement petitions to at least 60 days after petition filing, allowing more time for notice and service to respondent adjoining owners.

  • Requires courts to allow each party at least 10 business days to submit up to three potential viewers, with the court selecting one viewer from each party and one or more court-selected viewers for a total of three viewers.

  • Mandates that the landlocked petitioner deposit an estimated sum into the court registry to cover viewers' fees, survey costs, damages to adjoining owners' property, and notice costs before the evidentiary hearing can proceed.

  • Requires viewers to make a written report under oath and allows each party at least 10 business days to respond in writing to dispute or stipulate to the viewers' report.

  • Establishes that the evidentiary hearing may only be held if 60 days have passed since petition filing, the petitioner has complied with court orders, and the estimated sum has been deposited, with all parties given opportunity to present evidence and cross-examine witnesses.

  • Allows circuit court review of county court orders to be de novo and to examine strict compliance with access easement procedures and any due process violations.

Legislative Description

To Revise The Law Concerning The Process For A County Judge To Establish Access Easements For Landlocked Owners Of Real Property To Comport With Due Process.

Last Action

Notification that SB819 is now Act 1083

4/11/2013

Committee Referrals

Judiciary4/3/2013
Transportation, Technology & Legislative Affairs3/6/2013

Full Bill Text

No bill text available