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Oklahoma House Bill HB2119

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2119 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 2119 By: Kannady
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3838 AS INTRODUCED
3939
4040 An Act relating to easements; enacting the Oklahoma
4141 Uniform Easement Relocation Act of 2025; defining
4242 terms; providing applicability of act to certain
4343 easements; excluding certain easements from relation;
4444 establishing the right of a property owner to
4545 relocate an easement in certain circumstances;
4646 providing that a property owner may commence a civil
4747 action to relocate an easement; provid ing the
4848 requirements for commencing a civil action to
4949 relocate an easement; provi ding the court guidelines
5050 in creating an order for relocation of an easement;
5151 requiring the recordation of certain documents prior
5252 to relocation of an easement; providing for
5353 reasonable expenses related to the relocation of an
5454 easement; requiring the parties to a civil action for
5555 easement relocation to act in good faith in
5656 facilitating relocation; provid ing when a proposed
5757 easement relocation is considered to be final and
5858 complete; providing and limiting the effect of an
5959 easement relocation; provid ing that the right of a
6060 property to relocate an easement under this act
6161 cannot be waived, excluded, or restricted by
6262 agreement; providing that the law should be applied
6363 and construed to promote uniformity with other states
6464 that enact the act; providing relation to the
6565 Electronic Signatures in Global National Commerce
6666 Act; providing that the act applies to an easement
6767 created before, on, or after the effective date of
6868 this bill; providing for codification; and provid ing
6969 an effective date.
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101101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102102 SECTION 1. NEW LAW A new section of law to be codified
103103 in the Oklahoma Statutes as Section 1501 of Title 60, unless there
104104 is created a duplication in numberi ng, reads as follows:
105105 This act shall be known and may be cited as the "Oklahoma
106106 Uniform Easement Relocation Act of 2025 ".
107107 SECTION 2. NEW LAW A new section of law to be codified
108108 in the Oklahoma Statutes as Section 1502 of Title 60, unless there
109109 is created a duplication in numbering, reads as follows:
110110 As used in this act:
111111 1. "Appurtenant easement " means an easement tied to or
112112 dependent on ownership or occupancy of a unit or a parcel of real
113113 property.
114114 2. "Conservation easement " means a nonpossessory prop erty
115115 interest created for one or more of the following conservation
116116 purposes:
117117 a. retaining or protecting the natural, scenic, wildlife,
118118 wildlife habitat, biological, ecological, or open
119119 space values of real property ,
120120 b. ensuring the availability of real pr operty for
121121 agricultural, forest, outdoor recreational, or open
122122 space uses,
123123 c. protecting natural resources, including wetlands,
124124 grasslands, and riparian areas ,
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151151 d. maintaining or enhancing air or water quality , or
152152 e. preserving the historical, architectural ,
153153 archeological, paleontological, or cultural aspects of
154154 real property.
155155 3. "Dominant estate" means an estate or interest in real
156156 property benefitted by an appurtenant easement.
157157 4. "Easement" means a nonpossessory property interest t hat:
158158 a. provides a right to enter, use, or enjoy real property
159159 owned by or in the possession of another , and
160160 b. imposes on the owner or possessor a duty not to
161161 interfere with the entry, use, or enjoyment permitted
162162 by the instrument creating the easement or in the case
163163 of an easement not established by express grant or
164164 reservation, the entry, use, or enjoyment authorized
165165 by law.
166166 5. "Easement holder" means:
167167 a. in the case of an appurtenant easement, the dominant
168168 estate owner, or
169169 b. in the case of an easement in gross, public utility
170170 easement, conservation easement, or negative easement,
171171 the grantee of the easement or a successor.
172172 6. "Easement in gross" means an easement not tied to or
173173 dependent on ownership or occupancy of a unit or a parcel of real
174174 property.
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201201 7. "Lessee of record" means a person holding a lessee 's
202202 interest under a recorded lease or memorandum of lease.
203203 8. "Negative easement" means a nonpossessory property interest
204204 whose primary purpose is to impose on a servient estate owner a duty
205205 not to engage in a specified u se of the estate.
206206 9. "Person" means an individual, estate, business or nonprofit
207207 entity, public corporation, government or governmental subdivision,
208208 agency, or instrumentality, or other legal entity.
209209 10. "Public utility easement" means a nonpossessory pr operty
210210 interest in which the easement holder is a publicly regulated or
211211 publicly owned utility under federal law or law of this state or a
212212 municipality. The term includes an easement benefiting an
213213 intrastate utility, an interstate ut ility, or a utility co operative.
214214 11. "Real property" means an estate or interest in, over, or
215215 under land, including structures, fixtures, and other things that by
216216 custom, usage, or law pass with a conveyance of land whether or not
217217 described or mentioned in the contract of sale or instrument of
218218 conveyance. The term includes the interest of a lessor and lessee ,
219219 and unless the interest is personal property under law of this state
220220 other than this act, an interest in a common -interest community.
221221 12. "Record", used as a noun, means information that is
222222 inscribed on a tangible medium or that is stored in an electronic or
223223 other medium and is retrievable in perceivable form.
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250250 13. "Security instrument" means a mortgage, deed of trust,
251251 security deed, contract for deed, lease, or other rec ord that
252252 creates or provides for an interest in real property to secure
253253 payment or performance of an obligation, whether by acquisition or
254254 retention of a lien, a lessor 's interest under a lease, or title to
255255 the real property. The term includes:
256256 a. a security instrument that also creates or provides
257257 for a security interest in personal property ,
258258 b. a modification or amendment of a security instrument ,
259259 and
260260 c. a record creating a lien on real property to secure an
261261 obligation under a covenant running with the r eal
262262 property or owed by a unit owner to a common -interest
263263 community association.
264264 14. "Security-interest holder of record " means a person holding
265265 an interest in real property created by a recorded security
266266 instrument.
267267 15. "Servient estate" means an estate or interest in real
268268 property that is burdened by an easement.
269269 16. "Title evidence" means a title insurance policy,
270270 preliminary title report or binder, title insurance commitment,
271271 abstract of title, attorney 's opinion of title based on examination
272272 of public records or an abstract of title, or any other means of
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299299 reporting the state of title to real property which is customary in
300300 the locality.
301301 17. "Unit" means a physical portion of a common -interest
302302 community designated for separate ow nership or occupancy w ith
303303 boundaries described in a declaration establishing the common -
304304 interest community.
305305 18. "Utility cooperative" means a non-profit entity whose
306306 purpose is to deliver a utility service, such as electricity, oil,
307307 natural gas, water, sanitary sewer, storm wa ter, or
308308 telecommunications to its customers or members and includes an
309309 electric cooperative, rural electric cooperative, rural water
310310 district, and rural water association.
311311 SECTION 3. NEW LAW A new section of la w to be codified
312312 in the Oklahoma Statutes as Section 1503 of Title 60, unless there
313313 is created a duplication in numbering, reads as follows:
314314 A. Except as otherwise provided in subsection B of this
315315 section, this act applies to an easement established by express
316316 grant or reservation or by prescription, implication, necessity,
317317 estoppel, or other method.
318318 B. This act may not be used to relocate:
319319 1. A public utility easement, conservation easement, or
320320 negative easement; or
321321 2. An easement if the proposed location would encroac h on an
322322 area of an estate burdened by a conservation easement or would
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349349 interfere with the use or enjoyment of a public utility easement or
350350 an easement appurtenant to a conservation easement.
351351 C. This act does not apply to relocation of an easement by
352352 consent.
353353 SECTION 4. NEW LAW A new section of law to be codified
354354 in the Oklahoma Statutes as Section 1504 of Title 60, unless there
355355 is created a duplication in numbering, reads as follows:
356356 A servient estate owne r may relocate an ease ment under this act
357357 only if the relocation does not materially:
358358 1. Lessen the utility of the easement;
359359 2. After the relocation, increase the burden on the easement
360360 holder in its reasonable use and enjoyment of the easement;
361361 3. Impair an affirmative, eas ement-related purpose for which
362362 the easement was created;
363363 4. During or after the relocation, impair the safety of the
364364 easement holder or another entitled to use and enjoy the easement;
365365 5. During the relocation, disrupt the use and e njoyment of the
366366 easement by the easement holder or another entitled to use and enjoy
367367 the easement, unless the servient estate owner substantially
368368 mitigates the duration and nature of the disruption;
369369 6. Impair the physical condition, use, or value of the dominant
370370 estate or improvements on the dominant estate; or
371371 7. Impair the value of the collateral of a security -interest
372372 holder of record in the servient estate or dominant estate, impair a
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399399 real property interest of a lessee of record in the dominant estate ,
400400 or impair a recorded real property interest of any other person in
401401 the servient estate or dominant estate.
402402 SECTION 5. NEW LAW A new section of law to be codified
403403 in the Oklahoma Statutes as Section 1505 of Title 60, unless there
404404 is created a duplicatio n in numbering, reads as follows:
405405 A. To obtain an order to relocate an easement under this act, a
406406 servient estate owner must commence a civil action.
407407 B. A servient estate owner that commences a civil action under
408408 subsection A of this section:
409409 1. Shall serve a summons and petition on:
410410 a. the easement holder whose easement is the subject of
411411 the relocation,
412412 b. a security-interest holder of record of an interest in
413413 the servient estate or dominant estate ,
414414 c. a lessee of record of an interest in the dominant
415415 estate, and
416416 d. except as otherwise provided in paragraph 2 of this
417417 subsection, any other owner of a recorded real
418418 property interest if the relocation would encroach on
419419 an area of the servient estate or dominant estate
420420 burdened by the interest; and
421421 2. Is not required to serve a summons and petition on the owner
422422 of a recorded real property interest in oil, gas, or minerals unless
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449449 the interest includes an easement to facilitate oil, gas, or mineral
450450 development.
451451 C. A petition under this section must state:
452452 1. The intent of the servient estate owner to seek the
453453 relocation;
454454 2. The nature, extent, and anticipated dates of commencement
455455 and completion of the proposed relocation;
456456 3. The current and proposed locations of the easement;
457457 4. The reason the easement is eligible for relocation under
458458 Section 3 of this act;
459459 5. The reason the proposed relocation satisfies the conditions
460460 for relocation under Section 4 of this act; and
461461 6. That the servient estate owner has made a reasonable attempt
462462 to notify the holders of any public-utility easement, conservation
463463 easement, or negative easement on the servient estate or dominant
464464 estate of the proposed relocation.
465465 D. At any time before the court renders a final order in an
466466 action under subsection A of this section, a person served under
467467 subparagraph b, c, or d of paragraph 1 of subsection B of this
468468 section may file a document, in recordable form, that waives its
469469 rights to contest or obtain relief in connection with the relocation
470470 or subordinates its interests to the relocatio n. On filing of the
471471 document, the court may order that the person is not required to
472472 answer or participate further in the action.
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499499 SECTION 6. NEW LAW A new section of law to be codified
500500 in the Oklahoma Statutes as Section 1506 of Title 60, unless there
501501 is created a duplication in numbering, reads as follows:
502502 A. The court may not approve relocation of an easement under
503503 this act unless the servient estate owner:
504504 1. Establishes that the easement is eligible for relocation
505505 under Section 3 of this act ; and
506506 2. Satisfies the conditions for relocation under Section 4 of
507507 this act.
508508 B. An order under this act approving relocation of an easement
509509 must:
510510 1. State that the order is issued in accordance with this act;
511511 2. Recite the recording da ta of the instrument creating the
512512 easement, if any, and any amendments, and any notice as described by
513513 Section 71 of Title 16 of the Oklahoma statues ;
514514 3. Identify the immediately preceding location of the easement;
515515 4. Describe in a legally sufficient man ner the new location of
516516 the easement;
517517 5. Describe mitigation required of the servient estate owner
518518 during relocation;
519519 6. Refer in detail to the plans and specifications of
520520 improvements necessary for the easement holder to enter, use , and
521521 enjoy the easement in the new location;
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548548 7. Specify conditions to be satisfied by the servient estate
549549 owner to relocate the easement and construct improvements necessary
550550 for the easement holder to enter, use, and enjoy the easement in the
551551 new location;
552552 8. Include a provision for payment by the servient estate owner
553553 of expenses under Section 7 of this act;
554554 9. Include a provision for compliance by the parties with the
555555 obligation of good faith under Section 8 of this act; and
556556 10. Instruct the servient estate owner to recor d an affidavit,
557557 if required under subsection A of Section 9 of this act, when the
558558 servient estate owner substantially completes relocation.
559559 C. An order under subsection B of this section may include any
560560 other provision consistent with this act for the fai r and equitable
561561 relocation of the easement.
562562 D. Before a servient estate owner proceeds with relocation of
563563 an easement under this act, the owner must record, in the county
564564 records of each jurisdiction where the servient estate is loca ted, a
565565 certified copy of the order under subsection B of this section.
566566 SECTION 7. NEW LAW A new section of law to be codified
567567 in the Oklahoma Statutes as Section 1507 of Title 60, unless there
568568 is created a duplication in numbering, reads as follows:
569569 A servient estate owner is responsible for reasonable expenses
570570 of relocation of an easement under this act, including the expense
571571 of:
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598598 1. Constructing improvements on the servient estate or dominant
599599 estate in accordance with an order unde r Section 6 of this act;
600600 2. During the relocation, mitigating disruption in the use and
601601 enjoyment of the easement by the easement holder or another person
602602 entitled to use and enjoy the easement;
603603 3. Obtaining a governmental approval or permit to relocate the
604604 easement and construct necessary improvements;
605605 4. Preparing and recording the certified copy required by
606606 subsection D of Section 6 of this act and any other document
607607 required to be recorded;
608608 5. Any title work required to complete the relocation or
609609 required by a party to t he civil action as a result of the
610610 relocation;
611611 6. Applicable premiums for title insurance related to the
612612 relocation;
613613 7. Any expert necessary to review plans and specifications for
614614 an improvement to be constructed in the relocated easement or on the
615615 dominant estate and to confirm compliance with the plans and
616616 specifications referred to in the order under paragraph 6 of
617617 subsection B of Section 6 of this act;
618618 8. Payment of any maintenance cost associated with the
619619 relocated easement whi ch is greater than the maintenance cost
620620 associated with the easement before relocation; and
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647647 9. Obtaining any third-party consent required to relocate the
648648 easement.
649649 SECTION 8. NEW LAW A new section of law to be codified
650650 in the Oklahoma Statutes as Sectio n 1508 of Title 60, unless there
651651 is created a duplication in numbering, reads as follows:
652652 After the court, under Section 6 of this act, approves
653653 relocation of an easement and the servient estate owner commences
654654 the relocation, the ser vient estate owner, th e easement holder, and
655655 other parties in the civil action shall act in good faith to
656656 facilitate the relocation in compliance with this act.
657657 SECTION 9. NEW LAW A new section of law to be codified
658658 in the Oklahoma Statutes as Section 1509 of Title 60, unless there
659659 is created a duplication in numbering, reads as follows:
660660 A. If an order under Section 6 of this act requires the
661661 construction of an improvement as a condition for relocation of an
662662 easement, relocation is substantially complet e, and the easement
663663 holder is able to enter, use, and enjoy the easement in the new
664664 location, the servient estate owner shall:
665665 1. Record, in the land records of each jurisdiction where the
666666 servient estate is located, an affidavit certifying that the
667667 easement has been relocated; and
668668 2. Send, by certified mail, a copy of the recorded affidavit to
669669 the easement holder and parties to the civil action.
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696696 B. Until an affidavit under subsection A of this section is
697697 recorded and sent, the easement holder may enter, use, and enjoy the
698698 easement in the current location, subject to the court's order under
699699 Section 6 of this act approving relocation.
700700 C. If an order under Section 6 of this act does not require an
701701 improvement to be constructed as a condition of the relocation,
702702 recording the order under subsection D of Section 6 of this act
703703 constitutes relocation.
704704 SECTION 10. NEW LAW A new section of law to be codified
705705 in the Oklahoma Statutes as Section 1510 of Title 60, unless there
706706 is created a duplication in numbering, reads as follows:
707707 A. Relocation of an easement under this act:
708708 1. Is not a new transfer or a n ew grant of an interest in the
709709 servient estate or the dominant estate;
710710 2. Is not a breach or default of, and does not trigger, a due -
711711 on-sale clause or other transfer -restriction clause under a security
712712 instrument, except as otherwise determined by a court under law
713713 other than this act;
714714 3. Is not a breach or default of a lease, except as otherwise
715715 determined by a court under law other than this act;
716716 4. Is not a breach or default by the servient estate owner of a
717717 recorded document affected by the relocatio n, except as otherwise
718718 determined by a court under law other than this act;
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745745 5. Does not affect the priority of the easement with respect to
746746 other recorded real property interests burdening the area of the
747747 servient estate where the easement was located bef ore the
748748 relocation; and
749749 6. Is not a fraudulent conveyance or voidable transaction under
750750 law.
751751 B. This act does not affect any other method of relocating an
752752 easement permitted under law of this state other than this act.
753753 SECTION 11. NEW LAW A new section of law to be codified
754754 in the Oklahoma Statutes as Section 1511 of Title 60, unless there
755755 is created a duplication in numbering, reads as follows:
756756 The right of a servient estate owner to relocate an easement
757757 under this act may not be waived, excluded, or restricted by
758758 agreement even if:
759759 1. The instrument creating the easement prohibits relocation or
760760 contains a waiver, exclusion, or restriction of this act;
761761 2. The instrument creating the easement requires consent of the
762762 easement holder to amend the terms of the easement; or
763763 3. The location of the easement is fixed by the instrument
764764 creating the easement, another agreement, previous conduct,
765765 acquiescence, estoppel, or implication.
766766 SECTION 12. NEW LAW A new section of law to be codified
767767 in the Oklahoma Statutes as Section 1512 of Title 60, unless there
768768 is created a duplication in numbering, reads as follows:
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795795 In applying and construing this uniform act, consideration must
796796 be given to the need to promote uniformity of the law with respect
797797 to its subject matter among the states that enact it.
798798 SECTION 13. NEW LAW A new section of law to be codified
799799 in the Oklahoma Statutes as Section 1513 of Title 60, unless there
800800 is created a duplication in numbering, reads as follows:
801801 This act modifies, limits, or supersedes the Electronic
802802 Signatures in Global and National Commerce Act, 15 U.S.C. , Section
803803 7001 et seq., but does not modify, limit, or supersede Section
804804 101(c) of that act, 15 U.S.C., Section 7001(c), or authorize
805805 electronic delivery of any of the notices described in Section
806806 103(b) of that act, 15 U.S.C. , Section 7003(b).
807807 SECTION 14. NEW LAW A new section of law to be codified
808808 in the Oklahoma Statute s as Section 1514 of Title 60, unless there
809809 is created a duplication in numbering, reads as follows:
810810 This act applies to an easement created before, on, or after the
811811 effective date of this act.
812812 SECTION 15. This act shall become effective N ovember 1, 2025.
813813
814814 60-1-10832 JL 12/31/24