SENATE BILL REPORT

ESHB 1416

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives McLean, Haugen, Rayburn, Ballard, Betrozoff, D. Sommers, Sanders, Nealey and Ferguson)

Revising provisions relating to private ways of necessity.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):February 25, 1988

Majority Report:  Do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Halsan, Hansen, Rinehart.

Senate Staff:Tom McDonald (786-7404)

                  February 25, 1988

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 25, 1988

BACKGROUND:

An easement is a liberty or privilege one has to use the land of another.  Easements may be created by express grant, by necessity, by implication or by prescription.

Under a statutory condemnation proceeding, a court may grant a landowner a "necessary" easement across the land of another if the easement is necessary to allow the landowner proper use and enjoyment of his or her land.  The courts have not required proof of absolute necessity but rather that the passage is the most reasonable means of access.  If the easement is granted through a condemnation proceeding, compensation is to be paid to the owner of the land wherein the easement is situated.

SUMMARY:

The owner of any land contiguous to the property for which a way of necessity is sought may be joined as a party in the condemnation proceeding if the property might contain a site for the private way.  If it is determined that there is more than one possible route for the private way, the court must first consider placing the easement across nonagricultural and nonsilvicultural land.  If agricultural land must be used, the least productive must be used, and the relative benefits and burdens of the various possible routes must be weighed.

The court may allow reasonable attorneys' fees and expert witness costs to reimburse a condemnee unless the court finds that the unreasonable refusal of the condemnee to negotiate in good faith necessitated the action.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative McLean (for)