523.282. Blanket easements void, when--definitions. - Missouri Statutes

Blanket easements void, when--definitions.

523.282. 1. Any blanket easement created after December 31, 2006,shall be void as against public policy and wholly unenforceable. For thepurposes of this section, the term "blanket easement" shall mean aneasement in real property acquired by condemnation or negotiations in lieuof the exercise thereof where the instrument or order of condemnation, byits terms, allows the easement holder to locate its facilities at anundefined location on, over, under, or across the burdened property.

2. Notwithstanding the provisions of subsection 1 of this section tothe contrary, the term "blanket easement" shall not apply to any instrumentcontaining language that upon completion of the initial structureexplicitly fixes the burden, scope of use, and footprint within the expressterms of the instrument and also contains an express statement that thelocation of the burden shall be fixed to the degree occupied by the initialstructure upon completion of such structure. Nothing in this section shallprohibit the expansion or upgrade of the initially completed structureprovided that the purpose or purposes and footprint of said expansion orupgrade were explicitly described in the original terms of the instrument.

(L. 2006 H.B. 1944)