Bill Text: CT HB06512 | 2013 | General Assembly | Introduced

Connecticut House Bill 6512 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning Maintenance Of Private Easements And Rights-of-way.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2013-02-28 - Public Hearing 03/04 [HB06512 Detail]

Download: Connecticut-2013-HB06512-Introduced.html


General Assembly		*Raised Bill No. 6512*
*January Session, 2013*		LCO No. 3651
		03651_______JUD
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section, (1) "residential real property" has the same meaning as provided in section 20-325c of the general statutes, and (2) "benefited property" or "property that benefits" includes a residential real property burdened by an easement or right-of-way, the owner of which property uses such easement or right-of-way.

(b) The owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access or utilities or both to such property, shall maintain such easement or right-of-way in good repair. Such maintenance shall include, but not be limited to, the removal of snow from such easement or right-of-way.

(c) If more than one residential real property benefits from such easement or right-of-way, the cost of maintaining and repairing such easement or right-of-way shall be shared by each such benefited property owner, pursuant to the terms of any enforceable written agreement entered into for such purpose. In the absence of such agreement, the cost of maintaining and repairing such easement or right-of-way shall be shared by each such benefited property owner in proportion to the benefit received by each such property.

(d) Notwithstanding the provisions of subsection (c) of this section, any owner of a benefited property who directly or indirectly damages any portion of the easement or right-of-way shall be solely responsible for repairing or restoring the damaged portion.

(e) If any owner of such benefited property refuses to repair or restore the damaged portion or fails, after a demand in writing, to pay such owner's proportion of the cost of maintaining or repairing such easement or right-of-way, an action for specific performance or contribution may be brought in the superior court against such owner by other owners of such benefited properties, either jointly or severally.

(f) In the event of any conflict between the provisions of this section and an agreement described in subsection (c) of this section, the terms of the agreement shall control.


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2013	New section

Statement of Purpose:

To establish requirements for the maintenance and repair, and cost-sharing of such maintenance and repair, of private easements and rights-of-way.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]