California Assembly Bill AB1927 Amended / Bill

 BILL NUMBER: AB 1927AMENDED BILL TEXT AMENDED IN SENATE JUNE 25, 2012 AMENDED IN ASSEMBLY APRIL 9, 2012 INTRODUCED BY Assembly Member Jones FEBRUARY 22, 2012 An act to amend Section 845 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGEST AB 1927, as amended, Jones. Easements: maintenance: arbitration. Existing law requires the owner of any easement in the nature of a private right-of-way, or of any land to which such an easement is attached, to maintain the easement in repair, and  provides for the sharing of   requires that if the easement is owned by more than one person,  the costs of repair  if an easement has more than one owner, as specified. Existing   are shared by each owner pursuant to the terms of an agreement entered into by the parties for that purpose. Existing law provides that if any owner who is a party to an agreement   refuses to perform or fails after demand in writing to pay the owner's proportion of the cost, an action for specific performance or contribution may be brought against that owner, as specified. Absent an agreement, existing law apportions the costs proportionately to the use made of the easement by each owner. Absent an agreement, existing  law  also  authorizes any owner of the easement, or land to which the easement is attached, to apply to a  court where the right-of-way is located, and that has jurisdiction over the amount in controversy,   court, as specified,  for the appointment of an impartial arbitrator to apportion the cost. This bill, instead, would authorize an owner of the easement, or land to which the easement is attached, to  apply to a court where the right-of-way is located, and that has jurisdiction over the amount in controversy, for a judgment determining the proportionate liability of each owner. If the application is not made in small claims court, the bill would provide that the application may be for the appointment of an impartial arbitrator to apportion the cost   bring an action against any other owner who refuses or fails after demand in writing to pay that owner's share of the cost of maintenance, or for specific performance or contribution. The bill would authorize actions to be brought before, during, or after performance of the maintenance work. The bill would require all actions to be filed in superior court, unless the action may be brought in small claims court. The bill would, notwithstanding specified provisions of law, require all actions filed in superior court to be subject to judicial arbitration, as specified. The bill would provide that neither a small claims judgment nor a superior court judgment shall affect apportionment of any future costs that are not requested in the action, unless provided in the judgment. The bill would   require that, in the absence of an agreement addressing the maintenance of the easement, any action described above be brought in the county in which the easement is located  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 845 of the Civil Code is amended to read: 845. (a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair. (b) If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining it in repair shall be shared by each owner of the easement or the owners of the parcels of land, as the case may be, pursuant to the terms of any agreement entered into by the parties for that purpose.  If   In the absence of an agreement, the cost shall be shared   proportionately to the use made of the easement by each owner.   (c)     If  any owner  who is a party to the agreement  refuses to perform, or fails after demand in writing to pay the owner's proportion of the cost, an action  to recover that owner's share of the cost, or for specific performance or  contribution   contribution,  may be brought  against that owner in a court of competent jurisdiction  by the other owners, either jointly or severally.  The action may be brought before, during, or after performance of the maintenance work, as follows:   (1) The action may be brought in small claims court if the amount claimed to be due as the owner's proportion of the cost does not exceed the jurisdictional limit of the small claims court. A small claims judgment shall not affect apportionment of any future costs that are not requested in the small claims action.   (2) Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. A superior court judgment shall not affect apportionment of any future costs that are not requested in the action, unless otherwise provided in the judgment.   (3) In the absence of an agreement addressing the maintenance of the easement, any action for specific performance or contribution shall be brought in a court in the county in which the easement is located.   (4) Nothing in this section precludes the use of any available alternative dispute resolution program to resolve actions regarding the maintenance of easements in the small claims court or the superior court.   (c) (1) In the absence of an agreement, the cost shall be shared proportionately to the use made of the easement by each owner.   (2) An owner of the easement, or any owner of land to which the easement is attached, may apply to any court where the right-of-way is located, and that has jurisdiction over the amount in controversy, for a judgment determining the proportionate liability of each owner. The application may be made before, during, or after performance of the maintenance work. If the application is not made in small claims court, then the application may be for the appointment of an impartial arbitrator to apportion the cost. If the arbitration award is not accepted by all of the owners, the court may enter a judgment determining the proportionate liability of each owner. The judgment may be enforced as a money judgment by any party against any other party to the action.  (d) In the event that snow removal is not required under subdivision (a), or under any independent contractual or statutory duty, an agreement entered into pursuant to subdivision (b) to maintain the easement in repair shall be construed to include snow removal within the maintenance obligations of the agreement if all of the following exist: (1) Snow removal is not expressly precluded by the terms of the agreement. (2) Snow removal is necessary to provide access to the properties served by the easement. (3) Snow removal is approved in advance by the property owners or their elected representatives in the same manner as provided by the agreement for repairs to the easement. (e) This section does not apply to rights-of-way held or used by railroad common carriers subject to the jurisdiction of the Public Utilities Commission.