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CO SB164
Bill
AI Summary
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Enacts the "Uniform Easement Relocation Act" based on the Uniform Law Commission model, establishing procedures for relocating easements created by express grant, reservation, prescription, implication, necessity, estoppel, or other method.
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Excludes public utility easements, conservation easements, and negative easements from relocation procedures, and prohibits relocations that would encroach on conservation-burdened areas or interfere with public utility or conservation-appurtenant easements.
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Requires servient estate owners seeking relocation to commence a civil action and serve notice on the easement holder, security-interest holders, lessees, and other affected parties, with specific petition requirements detailing the relocation intent, timeline, current and proposed locations, and compliance efforts.
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Establishes eight conditions that relocations must not materially violate, including lessening easement utility, increasing burden on the holder, impairing purpose or safety, creating disruptions, or impairing collateral value of security interests or other real property interests.
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Makes the servient estate owner responsible for all reasonable relocation expenses and requires court approval based on eligibility and condition satisfaction; applies retroactively to easements created before, on, or after the effective date.
Legislative Description
Uniform Easement Relocation Act
Housing
Last Action
Senate Committee on Agriculture & Natural Resources Postpone Indefinitely
3/18/2021