527.188. Petition for vacation of abandoned easement. - Missouri Statutes

Petition for vacation of abandoned easement.

527.188. A property owner of land burdened by an easement createdafter December 31, 2006, abandoned in whole for a period in excess of tenyears, may petition a court of competent jurisdiction to obtain the rightspreviously transferred and vacation of the easement for monetaryconsideration equal to the original consideration obtained by the propertyowner in exchange for the easement. The holder of the easement shall be aparty to such action. The holder of any such easement shall be allowed tomaintain the easement upon a showing that the holder, in good faith, plansto make future use of the easement. The right to request that an easementbe vacated may be waived by the property owner of record from whom theeasement was originally acquired or by such property owner's successor intitle to the burdened property either in the original instrument ofconveyance or in a subsequent signed writing.

(L. 2006 H.B. 1944 § 3)