HBA-JLV H.B. 2168 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2168
By: Uher
Land & Resource Management
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, when a piece of property is partitioned, the allotted
shares of real property are subject to the same conditions and covenants
that applied to the property prior to the partition.  Although the
retention of prior property rights serves to protect the people subject to
a court decree, it sometimes leaves 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 have
never foreseen the need for an easement.  Problems also arise after the
land is partitioned and one of the tract owners decides to sell his land
locked property.  When these situations arise, the affected parties could
find themselves caught in expensive legal proceedings to decide where and
on whose property an easement will 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 prohibits the access easement from being more than 20 feet
in width.  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.