Amy Brimah, Secretary of the Colorado Bar Association (CBA) Real Estate Section, stated that the section does not have an official position at this time. Based on the section's initial review, it appears that the proposed act tracks with the Third Restatement of Property adopted by the Colorado Supreme Court in Roaring Forks Club LP v. St. Jude Company, 36 P.3rd 1229 (Colo. 2001). As current Colorado case law is in alignment with the proposed act, the act may not be needed. If the act does move forward, the section would like feedback from water law practitioners, as case law crosses over with water law issues regarding water rights.
The commission discussed the benefit of codifying current case law and the Third Restatement through the uniform act. The commission agreed that section 11 of the act may cause problems with Colorado water law and would like feedback from water law practitioners. The commission asked about any sources of opposition and Ms. Brimah replied that as long as the act tracks with the Third Restatement, she is not aware of any opposition except regarding potential water law conflicts. The commission asked that the CBA reach out to water law attorneys and the commission will reach out to land surveyors and other potential interested parties.
Commissioner Morris moved to draft the Uniform Easement Relocation Act, with section 11 bracketed. Commissioner Mielke seconded and the motion passed without objection.