Committee votes to draft bill allowing fee‑shifting in contested prescriptive‑easement cases
After committee discussion the Agriculture, State & Public Lands & Water Resources Committee approved a request to draft legislation that would create a remedy for misuse or abusive litigation over prescriptive easements by allowing a prevailing party to recover attorneys’ and expert fees in certain cases.
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Senator (name on transcript identified as Senator Hicks) introduced an interim topic on prescriptive easements, noting that 2023 legislation codified some prescriptive‑easement practices but did not create remedies for parties who face costly litigation or for claimants who overreach the specific scope of an easement. Committee members discussed real‑world examples in which landowners or ditch operators either expanded work beyond an established easement or used litigation tactics that imposed heavy costs on another party.
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