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2011 House Bill 1349: Concerning private road maintenance agreements
  1. Introduced by Rep. Jeff Morris, (Mt. Vernon) (D) on January 19, 2011, clarifies current law concerning private road maintenance agreements. This act requires the holder of an easement for a road to incur all costs of maintenance of that road. When no formal agreement exists between easement holders, each must share in the cost, including repair costs due to a holders misuse or neglect. This act also allows for a civil action if any easement holder does not fulfill his or her obligations to maintain the road, unless the holder is a public entity. This act applies to all easements existing on or created by July 1, 2012.
    • Referred to the House Judiciary Committee on January 19, 2011.
      • Substitute offered in the House on February 17, 2011, requires the court to order "reasonable" attorneys' fees (rather than attorneys' fees) to the prevailing parties.
    • Referred to the House Rules Committee on February 17, 2011.
  2. Passed 53 to 42 in the House on January 23, 2012, requires persons with the right to use a private right-of-way to pay for the costs of maintenance by agreement or in proportion to their use.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on January 24, 2012.
    • Referred to the Senate Judiciary Committee on January 24, 2012.
      • Amendment offered in the Senate on February 24, 2012, removes the substantive provisions regarding easement agreements and maintenance and establishes a legislative workgroup on easements.
    • Referred to the Senate Rules Committee on February 24, 2012.
    • Referred to the House Rules Committee on March 8, 2012.


Re: 2011 House Bill 1349 (Concerning private road maintenance agreements)  by elliem on November 5, 2012 
Now that our Reps for our Counties have been elected lets start writing and calling about the PRIVATE ROAD MAINTENANCE Bill.

Re: 2011 House Bill 1349 (Concerning private road maintenance agreements)  by punguta on November 5, 2012 
I don't see how the price of gasoline is a health issue. From where I am standing people who love to cycle will always find time to do this activity and people who are lazy and prefer to drive all day long instead of walking will find means to pay the gas for the car, even though the price was increased. As for me, I will donate a car to some charity event and start walking to work. I will keep the family car in case of an emergency.

Re: 2011 House Bill 1349 (Concerning private road maintenance agreements)  by elliem on June 19, 2012 

 Call or Write your House and Senate rep for your district.  Ask that this bill be resubmitted to the senate & house,  as it did pass the House last session, but of course they ran out of time to approve it.  I have contacted all 3 for Mason Co. and was told to set up meetings with them in Nov. Dec. to discuss this bill, it can not be reintroduced till Jan.  If we all make these calls, maybe we can get it passed.    Then each home owner should be given a copy so they know they are responsible.  Form an association and collect dollars for the up keep.

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