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2005 SESSION

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SB 926 Public easements; provisions for relocation.

Introduced by: Harry B. Blevins | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Relocation of public easements.  Provides that all public easements, except those for public passage, occupying easements, those that contain private utility facilities, or common or shared easements for the use of franchised cable operators and public service corporations, may be relocated by recordation of plat or replat signed by the owner of the real property, approved by an authorized official of a locality, regardless of the manner of acquisition or the type of instrument used to dedicate the original easement.  If the purpose of the easement is to convey stormwater drainage from a public roadway then the entity responsible for the operation of the roadway shall first determine that the relocation does not threaten either the integrity of the roadway or public passage.  The bill requires the clerk to index the locality as grantor of any easement or portion thereof terminated and extinguished under this section.


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