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Senate advances measure to recognize historic livestock trails as prescriptive easements
Summary
Senate passed to third reading a House substitute (HB182) creating a process for establishing prescriptive easements for historic livestock trails based on continuous open use (20 years); senators raised concerns about potential unintended consequences, such as motorized use or reclassification as county roads.
Sen. Hatch explained a substitute to House Bill 182 that would allow the establishment of a prescriptive easement for historic livestock trails based on continuous open use over a period (20 years), reflecting historical movement from summer to winter range or to market.
Hatch said the bill codifies a prescriptive easement mechanism "very similar to the ways that other prescriptive easements are established by continuous open use over a period of…
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