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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.

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