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Committee approves bill to allow attorney and expert‑witness fee awards in prescriptive‑easement disputes
Summary
The committee approved a draft (26LSO182) that allows courts to award reasonable attorney fees to the party who substantially prevails in litigation to enforce or challenge prescriptive easements for water conveyances, and committee added language to cover the existence or exercise of an easement and to permit expert witness fee awards.
Lawmakers approved a statutory change allowing courts to award reasonable attorney fees — and, by committee amendment, expert‑witness fees — to a substantially prevailing party in litigation to enforce or challenge prescriptive easements for water conveyances.
The draft, 26LSO182, would add a subsection to current prescriptive‑easement law providing: “In any action to enforce a prescriptive…
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