Bill Text: CA AB1927 | 2011-2012 | Regular Session | Chaptered
Bill Title: Easements: maintenance: arbitration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 244, Statutes of 2012. [AB1927 Detail]
Download: California-2011-AB1927-Chaptered.html
BILL NUMBER: AB 1927 CHAPTERED
BILL TEXT
CHAPTER 244
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Jones
FEBRUARY 22, 2012
An act to amend Section 845 of the Civil Code, relating to real
property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1927, Jones. Easements: maintenance: arbitration.
Existing law requires the owner of any easement in the nature of a
private right-of-way, or of any land to which such an easement is
attached, to maintain the easement in repair, and if the easement is
owned by more than one person, requires the costs of repair to be
shared by each owner pursuant to the terms of an agreement entered
into by the parties for that purpose. Existing law provides that if
any owner who is a party to an agreement refuses to perform or fails
after demand in writing to pay the owner's proportion of the cost, an
action for specific performance or contribution may be brought
against that owner, as specified. Absent an agreement, existing law
apportions the costs proportionately to the use made of the easement
by each owner, and authorizes any owner of the easement, or land to
which the easement is attached, to apply to a court, as specified,
for the appointment of an impartial arbitrator to apportion the cost.
This bill, instead, would authorize an owner of the easement, or
land to which the easement is attached, to bring an action against
any other owner who refuses or fails after demand in writing to pay
that owner's share of the cost of maintenance, or for specific
performance or contribution. The bill would authorize an action to be
brought before, during, or after performance of the maintenance
work. The bill would require the action to be filed in superior
court, unless the action may be brought in small claims court. The
bill would, notwithstanding specified provisions of law, require all
actions filed in superior court to be subject to judicial
arbitration, as specified. The bill would provide that neither a
small claims judgment nor a superior court judgment shall affect
apportionment of any future costs that are not requested in the
action, unless provided in the judgment. The bill would require that,
in the absence of an agreement addressing the maintenance of the
easement, any action described above be brought in the county in
which the easement is located.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 845 of the Civil Code is amended to read:
845. (a) The owner of any easement in the nature of a private
right-of-way, or of any land to which any such easement is attached,
shall maintain it in repair.
(b) If the easement is owned by more than one person, or is
attached to parcels of land under different ownership, the cost of
maintaining it in repair shall be shared by each owner of the
easement or the owners of the parcels of land, as the case may be,
pursuant to the terms of any agreement entered into by the parties
for that purpose. In the absence of an agreement, the cost shall be
shared proportionately to the use made of the easement by each owner.
(c) If any owner refuses to perform, or fails after demand in
writing to pay the owner's proportion of the cost, an action to
recover that owner's share of the cost, or for specific performance
or contribution, may be brought by the other owners, either jointly
or severally. The action may be brought before, during, or after
performance of the maintenance work, as follows:
(1) The action may be brought in small claims court if the amount
claimed to be due as the owner's proportion of the cost does not
exceed the jurisdictional limit of the small claims court. A small
claims judgment shall not affect apportionment of any future costs
that are not requested in the small claims action.
(2) Except as provided in paragraph (1), the action shall be filed
in superior court and, notwithstanding Section 1141.13 of the Code
of Civil Procedure, the action shall be subject to judicial
arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing
with Section 1141.10) of the Code of Civil Procedure. A superior
court judgment shall not affect apportionment of any future costs
that are not requested in the action, unless otherwise provided in
the judgment.
(3) In the absence of an agreement addressing the maintenance of
the easement, any action for specific performance or contribution
shall be brought in a court in the county in which the easement is
located.
(4) Nothing in this section precludes the use of any available
alternative dispute resolution program to resolve actions regarding
the maintenance of easements in the small claims court or the
superior court.
(d) In the event that snow removal is not required under
subdivision (a), or under any independent contractual or statutory
duty, an agreement entered into pursuant to subdivision (b) to
maintain the easement in repair shall be construed to include snow
removal within the maintenance obligations of the agreement if all of
the following exist:
(1) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(3) Snow removal is approved in advance by the property owners or
their elected representatives in the same manner as provided by the
agreement for repairs to the easement.
(e) This section does not apply to rights-of-way held or used by
railroad common carriers subject to the jurisdiction of the Public
Utilities Commission.
