Mutual Use Easement or Right-of-Way

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In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the damages assessed by the jury and the costs, ownership to the land shall not be affected and both the petitioner and the owner of the servient land shall have the right to use the easement or right-of-way.


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