6F84AC70A057B5FD87258911005BA019 Hearing Summary CLICS/CLICS2022A/commsumm.nsf PUBLICBILL SUMMARY For EASEMENT RELOCATION ACT - 2020JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWSDate Dec 7, 2022 Location HCR 0112 Easement Relocation Act - 2020 - Deferred consideration until a future meeting Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/08261ABF54B0...$File/1b -Final Act_Uniform Easement Relocation Act.pdf?OpenElement 1b -Final Act_Uniform Easement Relocation Act.pdf 09:40:49 AM Commissioner Mielke noted that many subdivision maps were drawn based on maps made a hundred or more years ago without the surveyor walking the property. As a result, roads and lots can be somewhat erratic and there is a need to have the easements updated. Commissioner Gardner recollected that in past discussions water law attorneys voiced strong opposition with relocating ditch easements. Commissioner Mielke suggested that the commission work with the CBA to amend the act to exclude water and power lines, or other Colorado-related concerns similar to what was done with the financing areas of the UCC regarding crops. Commissioner Levy added that Colorado has adopted the restatement approach to property law and that common law seems to be the preferred way to address easements. 09:46:40 AM Tyler Mounsey, Director of Legislative Relations with the CBA, testified that the CBA has reviewed the act and Mr. Mounsey is aware it has been opposed in the past but has not received that same direction yet and is doing more research on his end. He suggested that before making special concessions to the Water Law Section of the CBA there may be other avenues for water law to explore. 09:47:44 AM Commissioner Levy stated that it would be worth hearing again from the bar before making a decision, but does not see a strong need to codify Colorado common law or for uniformity in property law. Commissioner Pike moved that the commission defer consideration on the Uniform Easement Relocation Act until a future meeting. Commissioner Mielke seconded, and the motion passed without objection. 09:50:19 AM Motion The commission defer consideration on the Uniform Easement Relocation Act until a future meeting. Moved Charley Pike Seconded Alicia Duran Gardner Thomas Grimshaw Excused Yelana Love Donald Mielke Charley Pike Sara Scott Tipper Claire Levy Anne McGihon YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection