ENROLLED
Page 1 of 2
Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 161
BY REPRESENTATIVE FOIL
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study all aspects of liability relating
to road hazards and make specific recommendations for limiting the liability of the
state.
WHEREAS, the Legislature of Louisiana is deeply concerned about the serious drain
on the state of Louisiana's financial resources due to multimillion dollar damage awards for
accidental injuries attributed to the condition of the state's highways in such cases as Petre
v. State Through the Dept. of Transp. and Development, 01-0876 (La. 4/3/02), 817 So.2d
1107; Matlock v. State Through the Dept. of Transp. and Development, 2001-0831 (La.
5/4/01), 791 So.2d 662, writ denied, 2000-0350 (La. App. 4 Cir. 2/21/01), 782 So.2d 100;
and Garcia v. LA Dept. of Transp. and Development, 2001-1771 (La. 10/5/01), 798 So.2d
971, writ denied, 2000-0930 (La. App. 4 Cir. 5/16/01), 787 So.2d 1142; and
WHEREAS, Article XII, Section 10 of the Constitution of Louisiana, as amended
in 1995, provides that "the legislature by law may limit or provide for the extent of liability
of the state, a state agency, or a political subdivision in all cases, including the circumstances
giving rise to liability and the kinds and amounts of recoverable damages"; and
WHEREAS, Article XII, Section 10 of the Constitution of Louisiana was further
amended in 1995 to provide that "the legislature may provide that such limitations,
procedures, and effects of judgment shall be applicable to existing as well as future claims";
and
WHEREAS, implementing legislation of this magnitude will require the state of
Louisiana to take action in the best interest of the general public; and
WHEREAS, it is beneficial to the citizens of this state that this legislature is aware
of the legal ramifications of enacted legislation as well as the fiscal ramifications of judicial
decisions implementing legislation; and ENROLLEDHCR NO. 161
Page 2 of 2
WHEREAS, the legislature must consider the protection of the state by removing or
minimizing its liabilities, as well as the rights that may be affected.
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that the Louisiana
State Law Institute study all aspects of liability arising from any claims for loss or damages
relating to or resulting from road hazards, including issues relating to sovereign immunity,
inverse condemnation, the granting of limited expropriation authority, any property, contract,
lease, or personal rights, and all relevant jurisprudence and recommend specific legislation
limiting the liability of the state.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute and that the Louisiana State Law Institute report
its findings and recommendations in the form of specific proposed legislation to the
Legislature of Louisiana on or before January 1, 2012.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE