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SF 87

Prescriptive easement for electricity delivery.

2025 Regular Session Introduced by Jim Anderson and 7 co-sponsors

Creates a statutory prescriptive easement for electric utilities to deliver electricity across private property after five years of use, with notice and compensation protections fo

S:Died in Committee Returned Bill Pursuant to SR 5-4
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Bill Summary · SF 87

Summary — SF 87: Prescriptive Easement for Electricity Delivery

Status: Introduced January 22, 2025; S:Died in Committee Returned Bill Pursuant to SR 5-4 (March 3, 2025)
Effective date (if enacted): July 1, 2025
Fiscal note: “No significant fiscal or personnel impact.”

Purpose

SF 87 would create a statutory prescriptive-easement framework allowing an electric utility to establish a prescriptive easement for the delivery (distribution or transmission) of electricity across private property after specified use and notice conditions are met. The intent is to clarify rights, duties and procedures governing long‑standing utility delivery infrastructure that crosses private land.

Key provisions

  • Creates W.S. 34‑1‑159 (new statute) defining:
    • “Delivery” (distribution or transmission of electricity).
    • “Electric utility” (authorized entities primarily engaged in generation, transmission or sale of electric energy). Municipal‑owned/operated utilities are excluded.
    • “Electricity user,” “public utility,” and “system” (physical structures conveying electricity, including overhead and underground lines and appurtenant structures).
  • Establishment of prescriptive easement:
    • A prescriptive easement for an electric utility’s delivery system is established when the utility has used and maintained the system on the property for at least five continuous years, with use that is continuous and consistent with historical/typical use. A temporary cessation or de‑energization of up to one continuous year is not an interruption.
    • Use must be without written consent from the property owner and be “clearly marked” (above ground or clearly marked if not).
    • Use must be in the public interest.
  • Rights and duties of the easement holder:
    • Must give the landowner written notice (to county assessor address) of intent to file for the easement at least 30 days before recording.
    • May record the prescriptive easement notice in the county clerk’s office.
    • May access, use, repair, maintain, rebuild, replace and temporarily remove the delivery system and surrounding area within the easement, subject to limits:
    • If temporary removal will affect landowner infrastructure used for ingress/egress, utility must provide reasonable written notice (no less than 72 hours) and minimize burden.
    • Utility must replace landowner infrastructure timely or pay for replacement/compensate direct monetary damages where replacement is not possible or agreed otherwise.
    • Utilities must consult with landowner regarding temporary removal and resulting impacts.
  • Easement width:
    • Determined by industry standards and the size/needs of the delivery system; measured from system centerline and may vary side‑to‑side based on equipment, topography, vegetation, voltage, etc.
  • Savings and scope clauses:
    • Does not interfere with or modify existing easements or property rights (including written easements), does not alter existing legal rights/duties, and does not preclude common‑law prescriptive easement claims.
  • Effective date: July 1, 2025 (statutory text).

Who is affected

  • Electric utilities (investor‑owned and cooperatives that meet the statutory definition) — gain a clear statutory path to establish prescriptive easements after demonstrated long‑term use.
  • Private landowners/property owners — subject to potential statutory prescriptive easements; receive notice and limited procedural protections (notice, consultation, compensation for certain impacts).
  • Electricity users/customers — may see increased certainty in delivery infrastructure continuity.
  • County clerks/assessors — minor administrative role for recording and notice addresses.
  • Municipal utilities are expressly excluded from the “electric utility” definition in the bill.

Procedural and timeline notes

  • Introduced Jan 22, 2025; referred to committees (Commerce/Corporations/Capital Investment steps appear in the record).
  • The bill did not receive a committee report prior to a Committee of the Whole cutoff and was returned/died in committee on March 3, 2025.
  • Companion bill: HF 1068.

Fiscal impact

  • LSO fiscal note: no significant fiscal or personnel impact.

Additional note

The bill materials provided include extraneous text from a different bill (relating to acupuncture/health coverage). That material appears to be a drafting or assembly error and is unrelated to the prescriptive‑easement provisions summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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