BILL NUMBER: AB 1927	AMENDED
	BILL TEXT

	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, as amended, 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 
 application is not made in  small claims court, the bill
would provide that the application  shall   may
 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.
   (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 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 
 application is not made in  small claims court, then the
application  shall   may  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) 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.