HBA-JLV H.B. 2168 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2168 By: Uher Land & Resource Management 77/19/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature when a piece of property was partitioned, the allotted shares of real property were subject to the same conditions and covenants that applied to the property prior to the partition. Although the retention of prior property rights served to protect the people subject to a court decree, it sometimes left a partitioned piece of property with no reasonable access to a public road. Partitioned pieces of property are often located in an area where the previous property owners would never foresee the need for an easement. Problems also arose after the land was partitioned and one of the tract owners decided to sell his land locked property. When these situations arose, the affected parties often found themselves caught in expensive legal proceedings to decide where and on whose property an easement would be located. These situations could be avoided by resolving these issues prior to partitioning the land. House Bill 2168 requires the commissioners appointed to partition property to grant an access easement on a tract of partitioned property for the purpose of providing a reasonable entrance and exit from an adjoining partitioned tract that does not have an existing means of access. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2168 amends the Property Code to require the commissioners appointed to partition property, unless waived by the parties in an action to partition property, to grant a nonexclusive access easement on a tract of partitioned property for the purpose of providing reasonable ingress to and egress from an adjoining partitioned tract that does not have a means of access through a public road or an existing easement appurtenant to the tract. The bill requires that the order granting the access easement contain a legal description of the easement. Unless waived by the parties in writing in a private partition agreement, the property owner of a partitioned tract that has a means of access through a public road or an existing easement appurtenant to the tract is required to grant in the private partition agreement a nonexclusive access easement on the owner's partitioned tract for the purpose of providing reasonable ingress to and egress from an adjoining partitioned tract that does not have a means of access through a public road or an existing easement appurtenant to the tract. The bill prohibits the access easement from being greater than a width prescribed by a municipality or county for a right-of-way on a street or road. The bill provides that the access easement route must be the shortest route to the adjoining tract that causes the least amount of damage to the tract subject to the easement, and is located the greatest reasonable distance from the primary residence and related improvements located on the tract subject to the easement. The bill requires the adjoining tract owner who is granted an access easement to maintain the easement and keep the easement open for public use. EFFECTIVE DATE September 1, 2001.