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CS/HB 1139: Ancillary Property Rights

GENERAL BILL by Civil Justice and Property Rights Subcommittee ; Smith, D.

Ancillary Property Rights; Provides utility easement is interest in real property & subject to actions unless otherwise provided in instrument creating easement; provides easement is not undue burden; revises rights not affected or extinguished by marketable record titles; revises what types of interests are extinguished by marketable record title; requires persons with interests in land which may be extinguished to file notice to preserve such interests.

Effective Date: upon becoming a law
Last Action: 4/30/2021 House - Died in Tourism, Infrastructure & Energy Subcommittee
Bill Text: PDF

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  • Bill History

    Date Chamber Action
    2/19/2021 House • Filed
    2/28/2021 House • Referred to Civil Justice & Property Rights Subcommittee
    • Referred to Tourism, Infrastructure & Energy Subcommittee
    • Referred to Judiciary Committee
    • Now in Civil Justice & Property Rights Subcommittee
    3/2/2021 House • 1st Reading (Original Filed Version)
    3/10/2021 House • Added to Civil Justice & Property Rights Subcommittee agenda
    3/12/2021 House • Favorable with CS by Civil Justice & Property Rights Subcommittee
    • Reported out of Civil Justice & Property Rights Subcommittee
    • Laid on Table under Rule 7.18(a)
    • CS Filed
    • 1st Reading (Committee Substitute 1)
    3/16/2021 House • Referred to Tourism, Infrastructure & Energy Subcommittee
    • Referred to Judiciary Committee
    • Now in Tourism, Infrastructure & Energy Subcommittee
    4/30/2021 House • Died in Tourism, Infrastructure & Energy Subcommittee

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  • CS/HB 1139, Committee Substitute 1 (Current Bill Version) Posted 3/12/2021 at 12:53 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1520 (c1) Ancillary Property Rights Boyd Identical Last Action: 4/30/2021 S Died in Rules

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    704.09 Page 1 (pdf)
    712.03 Exceptions to marketability. Page 2 (pdf)
    712.04 Interests extinguished by marketable record title. Page 3 (pdf)
    712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association. Page 4 (pdf)

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  • HB 1139, Original Filed Version Posted 2/19/2021 at 10:00 AM

    Bill Text:   PDF
    Analyses:   Civil Justice and Property Rights Subcommittee (Post-Meeting) 3/12/2021 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1520 (c1) Ancillary Property Rights Boyd Similar Last Action: 4/30/2021 S Died in Rules

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    431725 - Amendment
    Remove line 29 and insert:
    Smith 3/11/2021
    5:05 PM
    Adopted without Objection
    3/12/2021
    PDF

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    704.09 Page 1 (pdf)
    712.03 Exceptions to marketability. Page 2 (pdf)
    712.04 Interests extinguished by marketable record title. Page 3 (pdf)
    712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association. Page 4 (pdf)

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