PREFILED JAN 04 2011
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REFERENCE TITLE: private easements; maintenance |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1034 |
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Introduced by Senator Barto
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AN ACT
amending title 33, chapter 2, Arizona Revised Statutes, by adding article 5; relating to easements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 2, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. EASEMENTS
33-281. Easements; proportionate liability for maintenance; exceptions
A. The holder of any roadway easement that is in the nature of a private right‑of-way and the owner of the land to which the easement is attached shall maintain the easement.
B. An easement that is held by more than one person or that is attached to parcels of land under different ownership shall be maintained as provided in any agreement among the persons. If there is no agreement:
1. The reasonable cost of maintenance, including snow plowing to maintain access, shall be shared proportionately among the holders of the easement right according to the use made of the easement by each holder.
2. For an easement held by three or more persons, the maintenance shall be approved by a majority of the easement holders who use the easement.
C. Any holder of an easement or any owner of land to which the easement is attached may apply to any court in the county in which the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost. The application may be made before, during or after performance of the maintenance work. If the arbitration award is not accepted by all of the easement holders and landowners, the court may enter a judgment determining the proportionate liability of the parties. The judgment may be enforced as other money judgments by any party against any other party to the action.
D. This section does not apply to any easement held by any agency or department of this state, any political subdivision of this state, any public service corporation or any private utility provider.