Connie Keogh voted Nay (Passage With Amendment) on this Legislation.
Title: Increases Restrictions to Prescriptive Easements
Signed by Governor Greg Gianforte
Title: Increases Restrictions to Prescriptive Easements
Title: Increases Restrictions to Prescriptive Easements
Title: Increases Restrictions to Prescriptive Easements
Vote to amend and pass a bill that increases restrictions to prescriptive easements and requires they be filed with the state by the end of next year.
Defines a “prescriptive easement” as a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for 5 years (Sec. 2-1).
Specifies a prescriptive easement cannot be acquired through (Sec. 2-2):
Recreational use of surface waters, including:
The streambeds underlying them;
The banks up to the ordinary high-water mark; or
Any portage over and around barriers; or
The entering or crossing of private property:
To reach surface waters; or
To reach public property if reasonable, legal access to the public property is otherwise documented and deemed available within 1 mile of the alleged prescriptive easement access point to the public property; or
A leasehold interest in the proposed servient tenement.
Requires, for a prescriptive easement that has not been reduced to writing or that is the result of a court order, an individual or governmental entity claiming the prescriptive easement shall pay a $100 filing fee and file the following information with the regional office of the department of natural resources and conservation on a form prescribed by the department (Sec. 2-3.a):
An affidavit setting forth the specific facts that satisfy each of the criteria in subsection (1); and
A map that accurately depicts the location and nature of the public access prescriptive easement.
Requires the form prescribed by the department to be filed no later than December 31, 2022. This date serves as a notice requirement only, and by its filing does not create any rights. A prescriptive easement filed may only be claimed by an individual or governmental entity. A party may challenge the validity of a claim of a prescriptive easement at any time (Sec. 2-3.b).
Specifies the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired (Sec. 3-1)
Specifies a servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant (Sec. 3-2).
Title: Increases Restrictions to Prescriptive Easements
Vote to pass a bill that increases restrictions to prescriptive easements and requires they be filed with the state by the end of next year.
Defines a “prescriptive easement” as a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for 5 years (Sec. 2-1).
Specifies a prescriptive easement cannot be acquired through (Sec. 2-2):
Recreational use of surface waters, including:
The streambeds underlying them;
The banks up to the ordinary high-water mark; or
Any portage over and around barriers; or
The entering or crossing of private property:
To reach surface waters; or
To reach public property if reasonable, legal access to the public property is otherwise documented and deemed available within 1 mile of the alleged prescriptive easement access point to the public property; or
A leasehold interest in the proposed servient tenement.
Requires, for a prescriptive easement that has not been reduced to writing or that is the result of a court order, an individual or governmental entity claiming the prescriptive easement shall pay a $100 filing fee and file the following information with the regional office of the department of natural resources and conservation on a form prescribed by the department (Sec. 2-3.a):
An affidavit setting forth the specific facts that satisfy each of the criteria in subsection (1); and
A map that accurately depicts the location and nature of the public access prescriptive easement.
Requires the form prescribed by the department to be filed no later than December 31, 2022. This date serves as a notice requirement only, and by its filing does not create any rights. A prescriptive easement filed may only be claimed by an individual or governmental entity. A party may challenge the validity of a claim of a prescriptive easement at any time (Sec. 2-3.b).
Specifies the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired (Sec. 3-1)
Specifies a servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant (Sec. 3-2).
Title: Increases Restrictions to Prescriptive Easements