Section 527.188

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 527

Effective - 28 Aug 2006   

  527.188.  Petition for vacation of abandoned easement. — A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transferred and vacation of the easement for monetary consideration equal to the original consideration obtained by the property owner in exchange for the easement.  The holder of the easement shall be a party to such action.  The holder of any such easement shall be allowed to maintain the easement upon a showing that the holder, in good faith, plans to make future use of the easement.  The right to request that an easement be vacated may be waived by the property owner of record from whom the easement was originally acquired or by such property owner's successor in title to the burdened property either in the original instrument of conveyance or in a subsequent signed writing.

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(L. 2006 H.B. 1944 § 3)