Beltran -
I am concerned that with the recent amendment to the bill clarifying that it applies retrospectively in all instances, it has the risk of creating more uncertainty with regard to easements than it cures. In particular, persons relying upon previous common law and caselaw that operated to extinguish easements will again have their rights and liabilities adjusted by this bill. I do not agree with a broad and retroactive application of this bill, which may constitute an impairment of existing property or contract rights. Any retroactive or remedial application of this bill should have been targeted at instances where all parties clearly agreed and understood the system of easements, such as planned communities.