HLS 12RS-752 REENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 468
BY REPRESENTATIVES ABRAMSON AND THOMPSON
PROPERTY/SERVITUDES : Provides for utilities in the right of passage for enclosed
estates
AN ACT1
To amend and reenact Civil Code Articles 689, 690, 691, 692, 694, and 705 and to enact2
Civil Code Article 696.1, relative to rights and servitudes of passage; to provide for3
the right of passage for utilities; to provide for limitations and locations of a4
servitude of passage; to provide for definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Articles 689, 690, 691, 692, 694, and 705 are hereby amended7
and reenacted and Civil Code Article 696.1 is hereby enacted to read as follows: 8
Art. 689. Enclosed estate; right of passage9
The owner of an estate that has no access to a public road or utility may claim10
a right of passage over neighboring property to the nearest public road or utility. He11
is bound to indemnify his neighbor for the damage he may occasion.12
New or additional maintenance burdens imposed upon the servient estate or13
intervening lands resulting from the utility servitude shall be the responsibility of14
the owner of the dominant estate.15
Art. 690. Extent of passage16
The right of passage for the benefit of an enclosed estate shall be suitable for17
the kind of traffic or utility that is reasonably necessary for the use of that estate.18 HLS 12RS-752 REENGROSSED
HB NO. 468
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Art. 691. Constructions1
The owner of the enclosed estate may construct on the right of way the type2
of road, utility, or railroad reasonably necessary for the exercise of the servitude.3
The utility crossing shall be constructed in compliance with all appropriate4
and applicable federal and state standards so as to mitigate all hazards posed by the5
passage and the particular conditions of the servient estate and intervening lands.6
Art. 692. Location of passage7
The owner of the enclosed estate may not demand the right of passage or the8
right-of-way for the utility anywhere he chooses. The passage generally shall be9
taken along the shortest route from the enclosed estate to the public road or utility10
at the location least injurious to the intervening lands.11
The location of the utility right-of-way shall coincide with the location of the12
servitude of passage unless an alternate location providing access to the nearest13
utility is least injurious to the servient estate and intervening lands.14
The court shall evaluate and determine that the location of the servitude of15
passage or utility shall not affect the safety of the operations or significantly interfere16
with the operations of the owner of the servient estate or intervening lands prior to17
the granting of the servitude of passage or utility.18
* * *19
Art. 694. Enclosed estate; voluntary alienation or partition20
When in the case of partition, or a voluntary alienation of an estate or of a21
part thereof, property alienated or partitioned becomes enclosed, passage shall be22
furnished gratuitously by the owner of the land on which the passage was previously23
exercised, even if it is not the shortest route to the public road or utility, and even if24
the act of alienation or partition does not mention a servitude of passage.25
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Art. 696.1. Utility1
As used in this Section, a utility is a service such as electricity, water, sewer,2
gas, telephone, cable television, and other commonly used power and3
communication networks required for the operation of an ordinary household or4
business.5
* * *6
Art. 705. Servitude of passage7
The servitude of passage is the right for the benefit of the dominant estate8
whereby persons, animals, utilities, or vehicles are permitted to pass through the9
servient estate. Unless the title provides otherwise, the extent of the right and the10
mode of its exercise shall be suitable for the kind of traffic or utility necessary for11
the reasonable use of the dominant estate.12
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)]
Abramson HB No. 468
Abstract: Includes utilities in the right of passage for enclosed estates.
Present law provides that the owner of an estate that has no access to a public road may
claim a right of passage over neighboring property to the nearest public road and that he is
bound to indemnify his neighbor for the damage he may occasion.
Present law provides for the extent, location, and relocation of passage, and the type of
construction reasonably necessary for the exercise of the servitude.
Present law provides that the right for indemnity against the owner of the enclosed estate
may be lost by prescription, but that the accrual of this prescription has no effect on the right
of passage.
Proposed law retains present law and includes utilities in the right of passage for enclosed
estates.
Proposed law provides that new or additional maintenance burdens resulting from a utility
servitude shall be the responsibility of the owner of the dominant estate.
Proposed law requires utility crossings to be constructed in compliance with federal and state
standards in order to mitigate hazards.
Proposed law requires utility servitudes to coincide with the servitude of passage unless a
different location is less injurious to the servient estate and requires the court to evaluate the
location of the servitude prior to granting the servitude. HLS 12RS-752 REENGROSSED
HB NO. 468
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Proposed law defines "utility" as a service such as electricity, water, sewer, gas, telephone,
cable television, and other commonly used power and communication networks required for
the operation of an ordinary household or business.
Present law defines the "servitude of passage" as the right for the benefit of the dominant
estate whereby persons, animals, or vehicles are permitted to pass through the servient estate.
Unless the title provides otherwise, the extent of the right and the mode of its exercise shall
be suitable for the kind of traffic necessary for the reasonable use of the dominant estate.
Proposed law includes utilities in the definition of "servitude of passage".
(Amends C.C. Arts. 689, 690, 691, 692, 694, and 705; Adds C.C. Art. 696.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provisions placing responsibility of additional maintenance of utility
servitudes on the dominant estate.
2. Added requirement that utility crossings be constructed in compliance with state
and federal standards.
3. Added provisions relative to the location of utility servitudes.
4. Deleted a utility servitude as an example of an apparent servitude.
5. Added technical amendments.