AB 208

This bill requires all persons that have a right to use a private road or driveway

located on an access easement (beneficial users) to contribute to the reasonable and

necessary costs of maintenance and repair of the private road or driveway. If the

beneficial users enter into a written agreement to determine how costs are shared,

that agreement controls. In the absence of a written agreement, the bill requires the

beneficial users to contribute an equitable share based on the amount and intensity

of each beneficial user's actual use in proportion to the amount and intensity of all

beneficial users' actual use.

The cost-sharing obligation created in the bill does not apply to any of the

following:

1. Costs for repairing damage, beyond reasonable wear and tear, caused by a

beneficial user or a guest or invitee of a beneficial user.

2. An access easement that benefits or burdens real estate owned by the state,

a political subdivision, or certain entities, including railroad corporations and public

utilities.