§ 18-11-706 — Required findings - Order

(a) The court may not approve relocation of an easement under this subchapter unless the servient estate owner: (1) establishes that the easement is eligible for relocation under § 18-11-703 ; and (2) satisfies the conditions for relocation under § 18-11-704 . (b) An order under this subchapter approving relocation of an easement must: (1) state that the order is issued in accordance with this subchapter; (2) recite the recording data of the instrument creating the easement, if any, and any amendments; (3) identify the immediately preceding location of the easement; (4) describe in a legally sufficient manner the new location of the easement; (5) describe mitigation required of the servient estate owner during relocation; (6) 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; (7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (8) include a provision for payment by the servient estate owner of expenses under § 18-11-707 ; (9) include a provision for compliance by the parties with the obligation of good faith under § 18-11-708 ; and (10) instruct the servient estate owner to record an affidavit, if required under § 18-11-709(a) , when the servient estate owner substantially completes relocation. (c) An order under subsection (b) may include any other provision consistent with this subchapter for the fair and equitable relocation of the easement. (d) Before a servient estate owner proceeds with relocation of an easement under this subchapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b).

Legislative History

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.