BILL NUMBER: AB 1927	INTRODUCED
	BILL TEXT


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, as introduced, 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 provides for the
sharing of the costs of repair if an easement has more than one
owner, as specified. Existing law authorizes any owner of the
easement, or land to which the easement is attached, to apply to a
court where the right-of-way is located, and that has jurisdiction
over the amount in controversy, 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 apply to a court where the
right-of-way is located, and that has jurisdiction over the amount
in controversy, for a judgment determining the proportionate
liability of each owner. If the amount in controversy is more than
the jurisdictional limit of the small claims court, the bill would
provide that the application shall be for the appointment of an
impartial arbitrator to apportion the cost.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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. If any owner who is a party to the 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 in a
court of competent jurisdiction by the other owners, either jointly
or severally.
   (c)  (1)    In the absence of an agreement, the
cost shall be shared proportionately to the use made of the easement
by each owner. 
   Any 
    (2)     An  owner of the easement, or
any owner of land to which the easement is attached, may apply to any
court where the right-of-way is located  ,  and that has
jurisdiction over the amount in controversy  ,  for 
the appointment of an impartial arbitrator to apportion the cost
  a judgment determining the proportionate liability of
each owner  . The application may be made before, during, or
after performance of the maintenance work.  If the amount in
controversy is more than the jurisdictional limit of the small claims
court, then the application shall be for the appointment of an
impartial arbitrator to apportion the cost.  If the arbitration
award is not accepted by all of the owners, the court may enter a
judgment determining the proportionate liability of each owner. The
judgment may be enforced as a money judgment by any party against any
other party to the action.
   (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)  The provisions of this section do   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.