HB 2031 Summary

• County boards of supervisors may abandon federal patent easements established under the Small Tract Act of 1938 upon property owner request, if the county determines the easement is unused or no longer necessary after obtaining utility company consent.

• County must provide written notice by certified mail at least 60 days before the abandonment hearing to all owners of land abutting the easement, informing them of the right to object in writing or in person.

• Board of supervisors cannot abandon an easement unless a majority of abutting property owners approve the action; owners who do not submit written or in-person objections by the hearing date are deemed to have consented.

• County must post a copy of the abandonment notice at or near the proposed easement location.

• Statute does not apply to roadways granted under Revised Statute 2477, a federal statute enacted in 1866.