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Legislative Year: 2021 Change
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Bill Detail: SB21-164

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Title Uniform Easement Relocation Act
Status Senate Committee on Agriculture & Natural Resources Postpone Indefinitely (03/18/2021)
Bill Subjects
  • Civil Law
  • Housing
House Sponsors
Senate Sponsors R. Gardner (R)
House Committee
Senate Committee Agriculture and Natural Resources
Date Introduced 03/02/2021
Summary

Colorado Commission on Uniform State Laws. The bill enacts
the Uniform Easement Relocation Act, drafted by the Uniform Law
Commission. The bill sets procedures to relocate an easement established
by express grant, reservation, prescription, implication, necessity,
estoppel, or other method, but the procedures may not be used to relocate
a public utility easement, conservation easement, or negative easement.
To relocate an easement, the relocation must not:
  • Encroach on an area of an estate burdened by a

conservation easement or interfere with the use or
enjoyment of a public utility easement or an easement
appurtenant to a conservation easement;
  • Lessen the utility of the easement;
  • After the relocation, increase the burden in the reasonable
use and enjoyment of the easement;
  • Impair the purpose for which the easement was created;
  • During or after the relocation, impair the safety of the use
and enjoyment of the easement;
  • During the relocation, disrupt the use and enjoyment of the
easement, unless the servient estate owner substantially
mitigates the duration and nature of the disruption;
  • Impair the physical condition, use, or value of or
improvements on the dominant estate; or
  • Impair the value of the collateral of a security-interest
holder in the servient estate or dominant estate, impair a
real property interest of a lessee in the dominant estate, or
impair a real property interest of any other person in the
servient estate or dominant estate.
To obtain an order to relocate an easement, a servient estate owner
must commence a civil action and serve a summons and petition on:
  • The easement holder;
  • A security-interest holder in the servient estate or dominant
estate;
  • A lessee of the dominant estate; and
  • Any other owner of a real property interest if the relocation
would encroach on an area of the servient estate or
dominant estate burdened by the interest.
Service of a summons and petition is not required for the owner of
real property interest in oil, gas, or minerals unless the interest includes
an easement to facilitate oil, gas, or mineral development.
The petition must state:
  • The intent of the servient estate owner to seek the
relocation;
  • The nature, extent, and anticipated dates of commencement
and completion of the relocation;
  • The current and proposed locations of the easement;
  • The reason the easement is eligible for relocation under the
bill;
  • The reason the proposed relocation satisfies the conditions
for relocation under the bill; and
  • That the servient estate owner has made a reasonable
attempt to notify the holders of any public utility easement,
conservation easement, or negative easement on the
servient estate or dominant estate of the proposed
relocation.
At any time before the court renders a final order in the action, a
person who was served may file a document to waive its rights to contest
or obtain relief in connection with the relocation or subordinate its
interests to the relocation. On filing of the document, the court may order
that the person need not answer or participate further in the action.
A court order approving relocation of an easement must:
  • State that the order is issued in accordance with the bill;
  • Identify the immediately preceding location of the
easement;
  • Describe the new location of the easement;
  • Describe the mitigation required during relocation;
  • Refer in detail to the plans and specifications of
improvements necessary for the easement holder to enter,
use, and enjoy the easement in the new location;
  • Specify conditions to be satisfied to relocate the easement
and construct improvements necessary for the easement
holder to enter, use, and enjoy the easement in the new
location;
  • Include a provision for payment of expenses required by
the bill;
  • Include a provision requiring the parties to the civil action
to act in good faith; and
  • Instruct the servient estate owner to record an affidavit, if
required by the bill, when the servient estate owner
substantially completes relocation.
Before a servient estate owner proceeds with relocation of an
easement, the owner must record, in the appropriate land records, a
certified copy of the order.
The servient estate owner is responsible for reasonable expenses
of relocation of an easement.
Each party to the civil action is obligated to act in good faith.
If an order requires building an improvement to relocate an
easement, relocation is substantially complete, and the easement holder
is able to use the moved easement, the servient estate owner is required
to:
  • Record, in the appropriate land records, an affidavit
certifying that the easement has been relocated; and
  • Send, by certified mail, a copy of the recorded affidavit to
the easement holder and parties to the civil action.
Until the affidavit is recorded and sent to the parties, the easement
holder may use the easement in the current location, subject to any court's
order approving relocation. If a court order does not require building an
improvement, recording of the order constitutes relocation.
The bill clarifies that relocation of an easement:
  • Is not a new transfer or a new grant of a property interest;
  • Is not a breach of a security instrument, except as otherwise
determined by a court;
  • Is not a breach of a lease, except as otherwise determined
by a court;
  • Is not a breach by the servient estate owner of a recorded
document affected by the relocation, except as otherwise
determined by a court;
  • Does not affect the priority of the easement with respect to
other recorded real property interests burdening the area of
the servient estate; and
  • Is not a fraudulent conveyance or voidable transaction
under law.
A servient estate owner may not waive the right to relocate an
easement. The bill should be interpreted in such a way as to promote
uniformity among the states. The bill supersedes the federal Electronic
Signatures in Global and National Commerce Act except for consumer
disclosures. The changes apply to easements created before, on, or after
the bill takes effect.

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