HLS 12RS-970 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 471
BY REPRESENTATIVES ABRAMSON AND THOMPSON
PROPERTY/SERVITUDES: Provides that the servitude of passage to an enclosed estate
includes the right to lay utilities
AN ACT1
To enact R.S. 9:1256, relative to servitudes; to provide for the right of a utility servitude; to2
provide for definitions; to provide procedures for the enforcement of a utility3
servitude; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:1256 is hereby enacted to read as follows: 6
ยง1256. Enclosed estate; right of utilities servitude7
A. For purposes of this Section:8
(1) "Enclosed estate" means an estate which:9
(a) Is not crossed by nor contiguous with land owned by a public utility, or10
a public utility servitude or a public utility right of use of the type being requested.11
(b) Has not been enclosed as a result of a voluntary act or omission of its12
owner.13
(2) "Public utility" means a utility supplier which is either owned by or14
regulated by a village, town, city, parish, state, or federal government, or any agency15
or district created by a governmental entity which supplies any of the following16
services:17
(a) Fresh or potable water.18
(b) Sewage transportation or treatment.19
(c) Trash or solid waste removal.20 HLS 12RS-970 ORIGINAL
HB NO. 471
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) Electricity.1
(e) Natural gas, propane, or butane.2
(f) Telephone.3
(g) Cable television, cable Internet, and cable telephone.4
(h) Fiber optic.5
(i) Internet service.6
(j) Any other type of service that may arise through scientific or7
technological innovation.8
B. The owner of an estate that has no access to a public utility may claim a9
right of utility servitude over neighboring property to acquire service to and from a10
public utility. In determining whether the estate has access to a public utility, the11
court shall consider the alternative means available to the claimant seeking the12
desired utility.13
C. The court shall generally locate the route of the utility servitude to the14
public utility along the shortest route at the location least injurious to the intervening15
lands, but the court shall also consider all of the following:16
(1) Whether there is an existing servitude of passage in which the utility17
servitude route can also be located.18
(2) Whether the request for the utility servitude is coupled with a request for19
a servitude of passage in which the utility servitude can also be located.20
(3) The comparative costs to the owner of the enclosed estate of the proposed21
alternate routes for the utility servitude.22
(4) The comparative burdens imposed upon the owner of the servient estate23
of the proposed alternate routes for the utility servitude.24
(5) The proposed use of the enclosed estate.25
(6) Whether or not there are any existing utilities on the servient estate.26
(7) The engineering feasibility of the proposed alternate routes for the utility27
servitude.28 HLS 12RS-970 ORIGINAL
HB NO. 471
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. The owner seeking a utility servitude is bound to compensate and1
indemnify the owner of the servient estate for the damage he may occasion.2
E. If all or a portion of the enclosed estate requiring the utility servitude was3
created as a result of a partition, and if the court locates the servitude route across4
property that was included in the partition, then the owner seeking the utility5
servitude will not owe indemnity to the owner of that part of the land which was6
included in the partition.7
F. The utility servitude for the benefit of the enclosed estate shall be that8
which is reasonably necessary for the use of that estate.9
G. The owner of the enclosed estate shall be entitled to make such10
constructions in and on the servitude of utility as are reasonably necessary for the11
exercise of the servitude. The owner of the enclosed estate shall be entitled to enter12
the utility servitude as is reasonable to make inspections and perform maintenance.13
H. As to any matter relating to the creation, termination, and extent of use14
of a predial servitude of utility not addressed in this Section, a court shall look to the15
Civil Code articles governing predial servitudes in general.16
I. Nothing in this Section shall create a cause of action in favor of one who17
is insured by a title insurance policy as that term is defined in R.S. 22:512(18).18
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. 471
Abstract: Provides for the creation and right to a utility servitude for enclosed estates
lacking access to public utilities.
Proposed law defines "enclosed estate" as an estate which is not crossed by nor contiguous
with land owned by a public utility, or a public utility servitude or a public utility right of
use of the type being requested, and which has not been enclosed as a result of a voluntary
act or omission of its owner.
Proposed law defines "public utility" as a utility supplier which is either owned by or
regulated by a village, town, city, parish, state, or federal government, or any agency or
district created by a governmental entity which supplies any of the most common services. HLS 12RS-970 ORIGINAL
HB NO. 471
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that the owner of an estate that has no access to a public utility may
claim a right of utility servitude over neighboring property.
Proposed law provides the criteria for the court to consider when granting a utility servitude
and provides that the owner seeking a utility servitude is bound to compensate and
indemnify the owner of the servient estate for the damage caused.
Proposed law provides that if the court locates the servitude route across property that was
included in a partition, then the owner seeking the utility servitude will not owe indemnity
to the owner of that part of the land which was included in the partition.
Proposed law limits the utility servitude to that which is reasonably necessary for the use of
that estate and authorizes the owner of the enclosed estate to make such constructions in and
on the servitude of utility as are reasonably necessary for the exercise of the servitude.
Provides that the articles of the Civil Code governing predial servitudes shall apply where
not in conflict with proposed law.
Proposed law shall not create a cause of action in favor of one who is insured by a title
insurance policy.
(Adds R.S. 9:1256)