VirginiaHB2522026 Regular SessionHouseWALLET

Servient estate; establishes relocation or modification of easement by owner.

Sponsored By: Vivian E. Watts (Democratic)

Signed by Governor

Summary

Relocation or modification of easement by owner of servient estate. Establishes that any easement may be relocated or modified either (i) by filing with each clerk of the circuit court of the city or county in which the easement or any part of the easement is located a written agreement evidencing the consent of the easement holder, as defined in the bill, and the consent of any other affected persons or (ii) in the absence of such agreement, upon petition to the circuit court and notice to all interested parties. The bill also provides that certain easements enumerated in the bill shall not be subject to a relocation or modification upon petition to the circuit court. This bill is a recommendation of the Boyd-Graves Conference.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Landowners gain options to change easements

Virginia landowners can relocate or modify an easement—a right someone else holds to use their land. One route requires a written agreement with the easement holder and everyone else whose consent is required. The agreement must describe the change and be recorded with the circuit court wherever any part of the easement lies. Without an agreement, the landowner can petition the circuit court, notify all parties with an interest, and receive a hearing. Court approval requires that the change not materially reduce the easement’s usefulness or burden the holder’s reasonable use and enjoyment. It also cannot harm the easement’s purpose, users’ safety, or the benefited land’s value, use, or physical condition. The landowner must substantially reduce the length and nature of any disruption to use and enjoyment. The court route excludes public-service corporation, public utility, telecommunications, conservation, open-space, and federal, state, or local government easements. It also excludes easements attached to conservation or open-space easements, and changes that interfere with protected easements. The landowner pays all relocation or modification costs; this payment rule excludes attorney fees. The law covers easements created by written grant or reservation, including reciprocal easements, and those created through long use, necessity, or other legal methods.

Sponsors & Cosponsors

Sponsor

  • Vivian E. Watts

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 220 • No: 0

Senate vote • 3/10/2026

Passed Senate

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/5/2026

Reported from Courts of Justice

Yes: 13 • No: 0 • Other: 1

House vote • 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote • 1/28/2026

Reported from Courts of Justice with amendment(s)

Yes: 19 • No: 0

House vote • 1/21/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0916)

    4/13/2026Governor
  2. Approved by Governor-Chapter 916 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB252)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB252ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Read third time

    3/10/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  14. Rules suspended

    3/9/2026Senate
  15. Reported from Courts of Justice (13-Y 0-N 1-A)

    3/5/2026Senate
  16. Fiscal Impact Statement from Department of Planning and Budget (HB252)

    2/19/2026House
  17. Referred to Committee for Courts of Justice

    2/4/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  19. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  20. Engrossed by House as amended

    2/2/2026House
  21. committee amendments agreed to

    2/2/2026House
  22. Read second time

    2/2/2026House
  23. Read first time

    1/30/2026House
  24. Reported from Courts of Justice with amendment(s) (19-Y 0-N)

    1/28/2026House
  25. House subcommittee offered

    1/21/2026House

Bill Text

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