BILL NUMBER: AB 1927	AMENDED
	BILL TEXT

	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, 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   requires that if the easement is
owned by more than one person,  the costs of repair  if
an easement has more than one owner, as specified. Existing 
 are 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. Absent an agreement,
existing  law  also  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,   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  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 application is not made in small
claims court, the bill would provide that the application may be for
the appointment of an impartial arbitrator to apportion the cost
  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 actions to be brought before, during, or after
performance of the maintenance work. The bill would require all
actions 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 
.
   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   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  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  to recover that owner's share of the cost, or for
specific performance or  contribution  
contribution,  may be brought  against that owner in a
court of competent jurisdiction  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.  
   (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 application is not made
in small claims court, then the application 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.