HB459:

Real property; providing access to adjoining property to make improvements or repairs.

Bill Summary:

Providing access to adjoining property to make
improvements or repairs. Allows an owner or lessee of real property
who seeks to improve, repair, or maintain his property, and the property
is so situated that it is impossible to perform the improvements,
repairs, or maintenance without entering adjoining property and permission
to enter the adjoining property has been denied, to petition the
circuit court for a license to enter the adjoining property for the
purpose of performing the improvements, repairs, or maintenance.
The petition and affidavits, if any, shall state the facts making
such entry necessary and the date or dates on which entry is sought.
The bill provides that such license shall be granted by the court
in an appropriate case upon such terms as justice requires. Any such
entry shall not be deemed a trespass and the licensee shall be liable
to the adjoining owner or his lessee for actual damages occurring
as a result of the entry.