ENROLLED
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ACT No. 739
Regular Session, 2012
HOUSE BILL NO. 468
BY REPRESENTATIVES ABRAMSON AND THOMPSON
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 compensate his neighbor for the right of passage acquired and to12
indemnify his neighbor for the damage he may occasion.13
New or additional maintenance burdens imposed upon the servient estate or14
intervening lands resulting from the utility servitude shall be the responsibility of15
the owner of the dominant estate.16
Art. 690. Extent of passage17
The right of passage for the benefit of an enclosed estate shall be suitable for18
the kind of traffic or utility that is reasonably necessary for the use of that estate.19
Art. 691. Constructions20
The owner of the enclosed estate may construct on the right of way right-of-21
way the type of road, utility, or railroad reasonably necessary for the exercise of the22
servitude.23 ENROLLEDHB NO. 468
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The utility crossing shall be constructed in compliance with all appropriate1
and applicable federal and state standards so as to mitigate all hazards posed by the2
passage and the particular conditions of the servient estate and intervening lands.3
Art. 692. Location of passage4
The owner of the enclosed estate may not demand the right of passage or the5
right-of-way for the utility anywhere he chooses. The passage generally shall be6
taken along the shortest route from the enclosed estate to the public road or utility7
at the location least injurious to the intervening lands.8
The location of the utility right-of-way shall coincide with the location of the9
servitude of passage unless an alternate location providing access to the nearest10
utility is least injurious to the servient estate and intervening lands.11
The court shall evaluate and determine that the location of the servitude of12
passage or utility shall not affect the safety of the operations or significantly interfere13
with the operations of the owner of the servient estate or intervening lands prior to14
the granting of the servitude of passage or utility.15
* * *16
Art. 694. Enclosed estate; voluntary alienation or partition17
When in the case of partition, or a voluntary alienation of an estate or of a18
part thereof, property alienated or partitioned becomes enclosed, passage shall be19
furnished gratuitously by the owner of the land on which the passage was previously20
exercised, even if it is not the shortest route to the public road or utility, and even if21
the act of alienation or partition does not mention a servitude of passage.22
* * *23
Art. 696.1. Utility24
As used in this Section, a utility is a service such as electricity, water, sewer,25
gas, telephone, cable television, and other commonly used power and26
communication networks required for the operation of an ordinary household or27
business.28
* * *29 ENROLLEDHB NO. 468
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Art. 705. Servitude of passage1
The servitude of passage is the right for the benefit of the dominant estate2
whereby persons, animals, utilities, or vehicles are permitted to pass through the3
servient estate. Unless the title provides otherwise, the extent of the right and the4
mode of its exercise shall be suitable for the kind of traffic or utility necessary for5
the reasonable use of the dominant estate.6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: