HB 1408 Summary

• Creates the Uniform Easement Relocation Act as a new subchapter (18-11-703 through 18-11-714) of Arkansas Code Title 18, Chapter 11

• Allows servient estate owners to relocate easements through civil court action if the relocation does not materially lessen utility, increase burden, impair safety, disrupt use, or harm collateral value of affected properties

• Prohibits relocation of public-utility easements, telecommunications easements, conservation easements, negative easements, State Highway Commission easements, and easements held by public entities

• Requires servient estate owners to bear all reasonable relocation expenses including construction, permits, title work, expert review, and maintenance cost increases

• Applies uniformly to all easements created before, on, or after the effective date and cannot be waived by easement agreements