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Committee votes to draft bill allowing fee‑shifting in contested prescriptive‑easement cases
Summary
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.
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.
Representative Volley moved — and Representative Chesapeake seconded — a motion directing Legislative Service Office staff to draft a bill to add a fee‑shifting remedy in prescriptive‑easement disputes so that a party that successfully defends against an out‑of‑scope claim, or that prevails when a claimant exceeded the easement, may recover reasonable attorney and expert costs. Committee members debated whether the fee‑shifting authority should be automatic or discretionary (left to judicial determination) and noted parallels to existing fee awards in eminent‑domain law. No final drafting decisions were made at the meeting; the motion was to request an LSO draft only.
The committee approved the motion by voice vote. No roll‑call tally was taken; staff recorded the action as approved and asked LSO to prepare draft language for review at a subsequent meeting.
