SRC-BWC H.B. 2168 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2168
By: Uher (Harris)
State Affairs
5/10/2001
Engrossed


DIGEST 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 landlocked
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.  H.B.
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 to and exit from an adjoining partitioned
tract that does not have an existing means of access.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 23, Property Code, by adding Section 23.006, as
follows: 

Sec. 23.006.  ACCESS EASEMENT FOR PARTITIONED PROPERTY.  Requires the
commissioners appointed to partition property, unless waived by the parties
in an action to partition property under this chapter, 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.  Requires the order
granting the access easement to contain a legal description of the
easement.  Requires 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 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, unless waived by the parties in
writing in a private partition agreement.  Prohibits the access easement
from being a width greater than a width prescribed by a municipality or
county for a right-of-way on a street or road.  Requires the access
easement route to 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.
Requires the adjoining tract owner who is granted an access easement under
this section to maintain the easement and keep the easement open for public
use. 

SECTION 2.  Effective date: September 1, 2001.