California 2011-2012 Regular Session Status: Enacted

AB 1927 — Easements: maintenance: arbitration.

Last action — Chaptered by Secretary of State - Chapter 244, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires the owner of any easement in the nature of a private right-of-way, or of any land to which such an easement is attached, to maintain the easement in repair, and if the easement is owned by more than one person, requires the costs of repair to be shared by each owner pursuant to the terms of an agreement entered into by the parties for that purpose. Existing law provides that if any owner who is a party to an agreement refuses to perform or fails after demand in writing to pay the owner's proportion of the cost, an action for specific performance or contribution may be brought against that owner, as specified. Absent an agreement, existing law apportions the costs proportionately to the use made of the easement by each owner, and authorizes any owner of the easement, or land to which the easement is attached, to apply to a court, as specified, for the appointment of an impartial arbitrator to apportion the cost. This bill, instead, would authorize an owner of the easement, or land to which the easement is attached, to bring an action against any other owner who refuses or fails after demand in writing to pay that owner's share of the cost of maintenance, or for specific performance or contribution. The bill would authorize an action to be brought before, during, or after performance of the maintenance work. The bill would require the action to be filed in superior court, unless the action may be brought in small claims court. The bill would, notwithstanding specified provisions of law, require all actions filed in superior court to be subject to judicial arbitration, as specified. The bill would provide that neither a small claims judgment nor a superior court judgment shall affect apportionment of any future costs that are not requested in the action, unless provided in the judgment. The bill would require that, in the absence of an agreement addressing the maintenance of the easement, any action described above be brought in the county in which the easement is located.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 244, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 5889.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4443.).

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. To consent calendar. (Ayes 4. Noes 0.) (July 3).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4776.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 9. Noes 0.) (May 2).

  15. From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (April 10). Re-referred to Com. on L. GOV.

  16. Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. Referred to Coms. on JUD. and L. GOV.

  19. From printer. May be heard in committee March 24.

  20. Read first time. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Jones

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1927 JONES Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Wagner — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Fuentes — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Gatto — Yea
Gorell — Yea
Cedillo — Yea
Portantino — Yea
Hall — Yea
Harkey — Yea
Chesbro — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Bonilla — Yea
Jeffries — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Lara — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Not Voting
Carter — Yea
Eng — Yea
Yamada — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Hancock — Not Voting
Harman — Not Voting
Hernandez — Not Voting
Cannella — Yea
Huff — Yea
Anderson — Yea
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Walters — Yea
Correa — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1927 JONES Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 71006
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Feuer — Yea
Galgiani — Yea
Fong — Yea
Cedillo — Yea
Garrick — Yea
Allen — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Halderman — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Conway — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Huffman — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Fletcher — Not Voting
Yamada — Yea
Furutani — Not Voting
Campos — Yea
Jeffries — Not Voting
Olsen — Not Voting
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Cook — Not Voting
Eng — Yea
Donnelly — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Bradford — Yea
Hueso — Yea
Knight — Yea
Campos — Yea
Gordon — Yea
Norby — Yea
Alejo — Yea
Smyth — Yea
Davis — Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1927 do?
Existing law requires the owner of any easement in the nature of a private right-of-way, or of any land to which such an easement is attached, to maintain the easement in repair, and if the easement is owned by more than one person, requires the costs of repair to be shared by each owner pursuant to the terms of an agreement entered into by the parties for that purpose. Existing law provides that if any owner who is a party to an agreement refuses to perform or fails after demand in writing to pay the owner's proportion of the cost, an action for specific performance or contribution may be brought against that owner, as specified. Absent an agreement, existing law apportions the costs proportionately to the use made of the easement by each owner, and authorizes any owner of the easement, or land to which the easement is attached, to apply to a court, as specified, for the appointment of an impartial arbitrator to apportion the cost. This bill, instead, would authorize an owner of the easement, or land to which the easement is attached, to bring an action against any other owner who refuses or fails after demand in writing to pay that owner's share of the cost of maintenance, or for specific performance or contribution. The bill would authorize an action to be brought before, during, or after performance of the maintenance work. The bill would require the action to be filed in superior court, unless the action may be brought in small claims court. The bill would, notwithstanding specified provisions of law, require all actions filed in superior court to be subject to judicial arbitration, as specified. The bill would provide that neither a small claims judgment nor a superior court judgment shall affect apportionment of any future costs that are not requested in the action, unless provided in the judgment. The bill would require that, in the absence of an agreement addressing the maintenance of the easement, any action described above be brought in the county in which the easement is located.
Who sponsors AB 1927?
AB 1927 is sponsored by Jones.
What is the current status of AB 1927?
This bill has been enacted into law. Introduced February 22, 2012. Enacted.
Where can I track AB 1927?
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