HLS 10RS-1025 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 491
BY REPRESENTATIVE BILLIOT
LEVEES: Limits liability for any flood control levee or structure designed and built by the
U.S. Army Corps of Engineers
AN ACT1
To enact R.S. 38:346, relative to liability of levee districts or levee and drainage districts;2
to limit liability for any flood control levees or structures built or designed by the3
U.S. Army Corps of Engineers under certain conditions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 38:346 is hereby enacted to read as follows:7
ยง346. Limitations of liability; flood control levees or structures; U.S. Army Corps8
of Engineers9
No levee district, levee authority, or levee and drainage district, or their10
boards; nor the state or its offices, agencies, or political subdivisions; nor employees,11
agents, or contractors of any of the entities delineated in this Section; nor the owner,12
operator, or lessee of property utilized for flood protection or integrated coastal13
protection purposes shall be liable for any personal injury, property damage, or other14
loss caused by the failure, breaching, undermining, or overtopping of a flood control15
levee, flood control structure, or integrated coastal protection project directly16
resulting from the design or construction by the United States Army Corps of17
Engineers or its contractors.18 HLS 10RS-1025 ENGROSSED
HB NO. 491
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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)]
Billiot HB No. 491
Abstract: Limits liability for levee districts, the state, and political subdivisions, and the
employees, owners, operators, or contractors thereof for any personal injury,
property damage, or other loss caused by the design or construction of a flood
control levee or structure by the U.S. Army Corps of Engineers.
Proposed law limits liability for any levee district or levee and drainage district or their
boards; the state or its offices, agencies, or political subdivisions; employees, agents, or
contractors of any of the entities delineated in proposed law; the owner, operator, or lessee
of property utilized for flood protection or integrated coastal protection purposes for any
personal injury, property damage, or other loss caused by the failure, breaching,
undermining, or overtopping of a flood control levee, flood control structure, or integrated
coastal protection project that was designed and built by the U.S. Army Corps of Engineers
or its contractors.
(Adds R.S. 38:346)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provisions to include the state and its offices, agencies, or political
subdivisions within the limitation of liability.
2. Added provision specifying that the limitation of liability applies to damages
resulting from the design or construction by the U.S. Army Corps of Engineers
or its contractors.