HLS 10RS-2535 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1441
BY REPRESENTATIVE TIM BURNS
PROPERTY/EXPROPRIATION: Provides with respect to compensation for the taking or
damaging of property in certain circumstances
AN ACT1
To amend and reenact R.S. 38:113, relative to drainage channels and outfall canals; to2
provide for control of public drainage channels or outfall canals by parish governing3
authorities under certain circumstances; to provide for the taking or damaging of4
property; to provide for compensation; to provide for definitions; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:113 is hereby amended and reenacted to read as follows: 8
ยง113. Control of drainage channels and outfall canals in levee and drainage districts9
and parishes; taking or damaging of property; compensation 10
A. The various levee and drainage districts, and parish governing authorities11
outside of an active district, shall have control over all public drainage channels or12
outfall canals within the limits of their districts or jurisdictions which are selected by13
the district or parish governing authorities, and for a space of one hundred feet on14
both sides of the banks of such the channels or outfall canals, and one hundred feet15
continuing outward from the mouth of such the channels or outfall canals, whether16
the drainage channels or outfall canals have been improved by the levee or drainage17
district or the parish governing authority, or have been adopted without improvement18
as necessary parts of or extensions to improved drainage channels or outfall canals,19 HLS 10RS-2535 ORIGINAL
HB NO. 1441
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
and may adopt rules and regulations for preserving the efficiency of the drainage1
channels or outfall canals. 2
B. In any case where a levee district, drainage district, or parish governing3
authority has actually, in good faith believing it had authority to do so in accordance4
with the provisions of this Section, R.S. 33:1236(13), or R.S. 48:483, taken or5
damaged privately owned immovable property of another for the purpose of6
constructing or maintaining drainage, the taking or damaging of property shall not7
be considered a trespass, and the measure of just compensation for property taken or8
damaged for drainage purposes shall be limited to the fair market value of the9
property taken or damaged.10
C. For purposes of this Section:11
(1) "Fair market value" means the value of the lands or improvements12
actually taken, used, damaged, or destroyed for drainage purposes as determined in13
accordance with the uniform criteria for determining fair market value as defined in14
R.S. 47:2321 et seq. Pursuant to Article I, Section 4(G) and Article VI, Section15
42(A) of the Constitution of Louisiana, the determination of fair market value shall16
not exceed the compensation required by the Fifth Amendment of the Constitution17
of the United States, unless an exception as provided in Article I, Section 4(G) of the18
Constitution of Louisiana is applicable.19
(2) "Just compensation" shall be limited to the actual pecuniary losses and20
shall not be construed to include payment for uses which are remote, speculative, or21
contrary to law, uses for which the property is still suitable, or elements of property22
ownership which are not actually taken, used, damaged, or destroyed for drainage23
purposes.24 HLS 10RS-2535 ORIGINAL
HB NO. 1441
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 1441
Abstract: Provides for the control of public drainage channels or outfall canals and
provides for compensation for the taking of property for such purpose.
Present law provides that the various levee and drainage districts shall have control over all
public drainage channels or outfall canals within the limits of their districts and for a space
of 100 feet on both sides of the banks, and 100 feet continuing outward from the mouth of
the channels or outfall canals.
Present law authorizes the levee or drainage district to adopt rules and regulations for
preserving the efficiency of the drainage channels or outfall canals.
Proposed law extends present law to parish governing authorities outside of an active levee
or drainage district.
Proposed law provides that where a levee or drainage district or parish governing authority
has actually, in good faith taken or damaged privately owned immovable property of another
for the purpose of constructing or maintaining drainage, the taking or damaging shall not be
considered a trespass, and the measure of just compensation for property taken or damaged
for drainage purposes shall be limited to the fair market value of the property taken or
damaged.
Proposed law defines "fair market value" and "just compensation".
(Amends R.S. 38:113)