58-2271. Abandoned pipeline easements; release, failure to file, remedy.
58-2271
58-2271. Abandoned pipeline easements; release, failure to file, remedy.(a) For the purposes of this section, a pipeline easement shall be consideredabandoned if the pipeline is removed from the easement without provisionfor replacing of the pipeline, or if no pipeline is placed in the easementwithin ten years after the easement is granted.
(b) If the grantee or assignee of record of a recorded pipeline easementabandons such easement, the grantee or assignee of record, within 20 daysafter requested by the owner of the propertysubject to the easement, shall file a release of the easement with theregister of deeds of the counties in which the property is located.
(c) If a grantee or assignee of record of a pipeline easement refusesor neglects to file a release when required by subsection (b), the ownerof the property may bring an action in a court of competent jurisdictionto recover from the grantee or assignee of record damages in the amountof $500, together with costs and reasonable attorney fees for preparingand prosecuting the action. The owner may recover such additional damagesas the evidence warrants.
(d) As used in this section, "pipeline" means any pipeline designed todeliver an energy product other than for sale at retail.
History: L. 1981, ch. 219, § 1; July 1.