|Posted:||July 15, 2020 11:03 AM|
|From:||Representative Donna Oberlander|
|To:||All House members|
|Subject:||Limitations of Prescriptive Easements for Public Use|
|In the near future, I intend to introduce legislation to clarify that only public entities (Commonwealth and local government entities) can pursue prescriptive easements for the benefit of the public.
I am aware of at least one instance where a private entity has commenced litigation to obtain a prescriptive easement (right to access another’s land) for the benefit of the “public.” If property rights are to be surrendered for “public” use, then it is the public, through our state and local government entities, that should hold those rights.
My legislation would amend the Recreational Use of Land and Water Act to provide the following:
Introduced as HB2724