ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 369
Regular Session, 2013
HOUSE BILL NO. 494
BY REPRESENTATIVES ST. GERMAIN, ADAMS, ANDERS, ARNOLD, BADON,
BARRAS, BARROW, BERTHELOT, WESLEY BISHOP, BROSSETT, BROWN,
TIM BURNS, BURRELL, CARTER, CHAMPAGNE, CHANEY, CONNI CK, COX,
DIXON, EDWARDS, FRANKLI N, GAINES, GAROFALO, GEYMANN,
GISCLAIR, GUINN, HARRISON, HAZEL, HENSGENS, HODGES, HONORE,
HUNTER, KATRINA JACKSON, JAMES, JEFFERSON, JOHNSON, JONES,
NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER, LORUSSO, MACK,
MORENO, JAY MORRIS, ORTEGO, PIERRE, POPE, PRICE, PUGH, PYLANT,
REYNOLDS, SCHEXNAYDER, SIMON, SMITH, THIBAUT, WHITNEY,
PATRICK WILLIAMS, AND WILLMOTT AND SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 9:3198(A)(2)(c) and R.S. 30:23.1, relative to salt domes; to require2
notification of the proximity of property to a salt dome in which there is solution3
mining and storage activity; to provide for certain penalties; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:3198(A)(2)(c) is hereby enacted to read as follows:7
§3198. Duties of the seller; delivery of property disclosure document; termination8
of real estate contract; information contained in document and inaccuracies;9
required disclosure of information relative to homeowners' associations;10
liability of seller11
A.12
* * *13
(2)14
* * *15
(c) Included with the property disclosure documents required by this Section16
shall be a statement of acknowledgment as to whether or not a cavity created within17
a salt stock by dissolution with water lies underneath the property and whether or not18 ENROLLEDHB NO. 494
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the purchasing property is within two thousand six hundred forty feet of a solution1
mining injection well.2
* * *3
Section 2. R.S. 30:23.1 is hereby enacted to read as follows:4
§23.1. Recordation of notice of solution mined cavern5
A. The owner or operator of a solution mined cavern shall record the survey6
plat of the well location for the solution mining injection well in the mortgage and7
conveyance records of the parish in which the property is located. Such notice shall8
be made in a form approved by the commissioner and within the time specified by9
the commissioner. If an owner or operator fails or refuses to record such notice, the10
commissioner may, if he determines that the public interest requires, and after due11
notice and an opportunity for a hearing has been given to the owner and operator,12
cause such notice to be recorded. The clerk of court shall forward to the office of13
conservation a copy of each notice recorded by an owner or operator in accordance14
with this Subsection.15
B. The failure of an owner to file, or ensure that the operator has filed, the16
required notice may constitute grounds for an action in redhibition under the17
applicable provisions of Civil Code Articles 2520 et seq., unless the purchaser has18
actual or constructive knowledge that the property has been used for such purposes.19
C. Any action brought pursuant to the provisions of this Section shall be20
commenced within one year from the date the purchaser first knows of the existence21
of the fact that gives rise to the action, but in any event within three years of the date22
upon which the purchaser acquired his ownership interest in the property. Venue23
shall be in any parish in which the property or any portion thereof is located.24
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: