ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, pages 1 and 2, by deleting lines 3 through 6 on page 1 and lines 1 through 3 on page 2, and inserting:
“1. Except as otherwise provided in subsection 2, a governing body shall not require an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property.”.
Amend section 1, page 2, line 5, by deleting “from imposing” and inserting:
“from:
(a) Imposing”.
Amend section 1, page 2, line 6, by deleting:
“described in subsection 1” and inserting:
“or repair of a sidewalk”.
Amend section 1, page 2, lines 7 and 8, by deleting “right-of-way.” and inserting:
“right-of-way;
(b) Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;
(c) Requiring an owner of property to maintain a sidewalk in a public right-of-way that abuts his property if the sidewalk was constructed pursuant to standards that exceed the general standards of the governing body for sidewalks; or
(d) Requiring, by ordinance, owners of property to be responsible for:
(1) The repair and reconstruction of a sidewalk in the public right-of-way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.
(2) The general maintenance of a sidewalk in the public right-of-way that abuts the property of the owner, including, without limitation, sweeping, removal of snow, ice and weeds, and maintenance of any grass, shrubs or trees that encroach on the sidewalk.”.
Amend sec. 3, page 2, by deleting lines 16 through 23 and inserting:
“No person who owns property is liable in a civil action for any injury or damage that occurs as a result of the use of a sidewalk in a public right-of-way that abuts his property, unless he failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of section 1 of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; prohibiting a governing body from requiring an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property except in certain circumstances; providing certain limitations on the civil liability of an owner of property with respect to such sidewalks; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: