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F I S C A L I M P A C T R E P O R T

SPONSOR B. Sanchez

DATE TYPED 1/24/05

HB

SHORT TITLE Land Grant Board of Trustees Authority

SB 51

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

Senate Bill 51 clarifies the rights of private property owners whose properties are located within

the boundaries of Community land grants.

This bill also contains statutory changes clarifying the jurisdiction of the District courts in eject-

ment proceedings.

Significant Issues

Private land ownership within the boundaries of community land grants could lead to conflicts

regarding access and use of common and private lands.

ADMINISTRATIVE IMPLICATIONS

This bill attempts to clarify issues and may assist the land grant boards of trustees to perform

their duties.

Senate Bill 51 -- Page 2

TECHNICAL ISSUES

The Attorney General provided the following:

The last sentence of Paragraph B uses the terms “easements”, “rights of access” and “use rights”

in an attempt to clarify private landowners’ rights to use portions of common lands for access

only. However, the term “easement” is, in a very simplistic legal definition, the right to use land

of another. Thus, without strictly distinguishing, which types of easements are permissible uses

of common lands, by non-member landowners, the term easement may actually include use

rights to common lands for non-access easement use rights. For example it is conceivable that a

“use easement” other than for basic access could exist which would allow a private landowner to

claim rights to use water located on common lands for private livestock pursuant to a claimed

“implied easement”.

The term easement is too broad and could include a variety of types of legally recognized ease-

ments in potential claims of rights to use common lands.

DW/lg