Senate passes bill letting property owners ask courts for limited access to neighbors’ land for repairs

Senators adopted Senate Bill 177 on May 4 after a heated floor debate that split the chamber 23–12.

The bill allows a property owner to petition a court for limited access onto an adjoining owner’s land to make repairs or perform maintenance when the repairs “cannot be reasonably accomplished” without entry and the adjoining owner refuses. Sponsor Senator Ball said the measure is aimed at recurring, practical disputes—examples included roof and narrow-city-house repairs where working from the requester’s side is infeasible.

Opponents framed the bill as an intrusion on private property. Senator Bright argued repeatedly that "this is an infringement on someone's private property right" and warned that courts would be asked to determine when an owner may enter a neighbor’s yard. Senator Zamora Wilson said the proposal risks eroding the "right of exclusion," calling it “government compelled access onto private property.” Several opponents also warned the bill would increase litigation and costs for property owners.

Supporters replied the measure is narrowly procedural, provides dispute-resolution steps including encouragement of mediation, and exempts government-owned properties and existing easements. Senator Benvitz, describing examples of long-running neighbor disputes, said the bill "is really just to help resolve disputes. It's not taking anything from anyone's property." Sponsors also argued courts can impose conditions, including reasonable compensation and other safeguards, to protect adjoining owners.

The Senate adopted the bill after floor debate. The law will take effect according to the bill’s implementation language; opponents signaled they will watch how courts apply the standard "cannot be reasonably accomplished" and whether implementation raises additional statutory or due-process questions.

What’s next: The bill advances to enrollment and any gubernatorial action; courts and practitioners will be asked to interpret the statute’s standards if petitions are filed.