Real Property Law

Cal. Real. Prop. Journal VOLUME 44, ISSUE 2, JULY 2026

UPDATE: COURTS MAKE THE CASE FOR ADOPTION OF THE UNIFORM EASEMENT RELOCATION ACT

Written by John A. Lovett01 and Ira J. Waldman02

John A. Lovett*

Ira J. Waldman**

In early 2026, we made the case for why California should adopt the Uniform Easement Relocation Act (the U.E.R.A.).03 In light of California’s recent efforts to foster land development and redevelopment to meet critical housing needs, we urged the California Legislature to adopt the U.E.R.A. because it gives landowners whose property is burdened by an easement a practical and judicially controlled safety valve to bypass the refusal of an easement holder to agree to a reasonable easement relocation request.04 Six states have already adopted the U.E.R.A. to enhance the land development climate in their jurisdictions while still protecting the legitimate interests of easement holders to use and enjoy their easements without substantial impairment. Recent judicial decisions from other states, including the first appellate court decision to apply the U.E.R.A., provide further evidence of the usefulness and need for the U.E.R.A.

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