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2022 SESSION

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HB 459 Real property; entering adjoining property to improve, etc., petitioning circuit court.

Introduced by: Schuyler T. VanValkenburg | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Providing access to adjoining property to make improvements or repairs. Allows an owner or lessee of real property who seeks to improve, repair, or maintain his property, and the property is so situated that it is impossible to perform the improvements, repairs, or maintenance without entering adjoining property and permission to enter the adjoining property has been denied, to petition the circuit court for a license to enter the adjoining property for the purpose of performing the improvements, repairs, or maintenance. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. The bill provides that such license shall be granted by the court in an appropriate case upon such terms as justice requires. Any such entry shall not be deemed a trespass and the licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.


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