HB1721
Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.
Status:
Passed
Latest Action:
April 2, 2025
House: Communicated to Governor
Chief Patron:
Vivian Watts (D)
Session:
2025 Regular Session
Summary
As Passed House of Origin. Uniform Easement Relocation Act.
Creates the Uniform Easement Relocation Act, which allows the owner of real estate burdened by an easement to obtain a court order to relocate the easement if the relocation does not materially impair, among other impairments, (i) the utility of the easement holder or (ii) the physical condition, use, or ... (More) value of the benefited property. The Act requires that the burdened property owner file a civil action, give notice to other potentially affected real property interest owners, and bear the costs of relocation. Under current law, the owner of land that is subject to an easement may seek relocation of the easement on the servient estate upon petition to the circuit court and notice to all parties in interest, and the petition will be granted if, after a hearing held, the court finds that (a) the relocation will not result in economic damage to the parties in interest, (b) there will be no undue hardship created by the relocation, and (c) the easement has been in existence for not less than 10 years. (Less)-
Bill History
- 01/04/2025 - House: Prefiled and ordered printed; Offered 01-08-2025 25100287D
- 01/04/2025 - House: Referred to Committee for Courts of Justice
- 01/10/2025 - House: Assigned Courts sub: Civil
- 01/11/2025 - House: Placed on Courts of Justice Agenda
- 01/14/2025 - House: Placed on Courts of Justice Agenda
- 01/15/2025 - House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 01/16/2025 - House: Placed on Courts of Justice Agenda
- 01/17/2025 - House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 01/17/2025 - House: Committee substitute printed 25105310D-H2
- 01/21/2025 - House: Read first time
- 01/22/2025 - House: Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- 01/22/2025 - House: Read second time
- 01/22/2025 - House: Courts of Justice Substitute agreed to
- 01/22/2025 - House: Engrossed by House - committee substitute
- 01/23/2025 - House: Read third time and passed House (97-Y 0-N)
- 01/24/2025 - Senate: Constitutional reading dispensed (on 1st reading)
- 01/24/2025 - Senate: Referred to Committee for Courts of Justice
- 02/17/2025 - Senate: Reported from Courts of Justice with amendments (14-Y 1-N)
- 02/18/2025 - Senate: Rules suspended
- 02/18/2025 - Senate: Constitutional reading dispensed (on 2nd reading) (39-Y 0-N)
- 02/18/2025 - Senate: Passed by for the day
- 02/19/2025 - Senate: Passed by for the day
- 02/20/2025 - Senate: Read third time
- 02/20/2025 - Senate: Floor substitute printed 25107844D-S1 (Perry)
- 02/20/2025 - Senate: Courts of Justice Amendment rejected
- 02/20/2025 - Senate: Reading of substitute waived
- 02/20/2025 - Senate: Senator Perry, Russet Substitute agreed to
- 02/20/2025 - Senate: Engrossed by Senate - floor substitute
- 02/20/2025 - Senate: Passed Senate with substitute (39-Y 0-N)
- 02/20/2025 - House: Senate substitute rejected by House (0-Y 96-N)
- 02/20/2025 - Senate: Senate insisted on substitute (38-Y 0-N)
- 02/20/2025 - Senate: Senate requested conference committee
- 02/20/2025 - House: House acceded to request
- 02/20/2025 - House: Conferees appointed by House
- 02/20/2025 - House: Delegates: Watts, Simon, Leftwich
- 02/20/2025 - Senate: Conferees appointed by Senate
- 02/20/2025 - Senate: Senators: Perry, Surovell, Stuart
- 02/21/2025 - Amended by conference committee
- 02/21/2025 - Senate: Conference report agreed to by Senate (40-Y 0-N)
- 02/22/2025 - House: Conference substitute printed 25107919D-H3
- 02/22/2025 - House: Conference substitute reprinted 25107919D-H3
- 02/22/2025 - House: Conference report agreed to by House (98-Y 0-N)
- 02/27/2025 - House: Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- 03/07/2025 - House: Enrolled
- 03/07/2025 - House: Bill text as passed House and Senate (HB1721ER)
- 03/07/2025 - House: Signed by Speaker
- 03/10/2025 - Senate: Signed by President
- 03/11/2025 - House: Enrolled Bill communicated to Governor on March 11, 2025
- 03/11/2025 - Governor's Action Deadline 11:59 p.m., March 24, 2025
- 03/12/2025 - House: Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- 03/24/2025 - Governor's Recommendation
- 03/24/2025 - Governor's recommendation received by House
- 04/02/2025 - House: House concurred in Governor's recommendation (96-Y 0-N)
- 04/02/2025 - Senate: Senate rejected Governor's recommendation (19-Y 21-N) Close Floor Vote
- 04/02/2025 - House: Communicated to Governor
