HLS 14RS-999 REENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 419
BY REPRESENTATIVE MONTOUCET
DISTRICTS/DRAINAGE: Provides relative to access to public drainage for maintenance
purposes
AN ACT1
To enact R.S. 38:215.1, relative to maintenance of public drainage; to prohibit refusal of2
access to public drainage for maintenance purposes; to provide relative to a3
determination of the right of access by a court of competent jurisdiction; to provide4
for an award of court costs and attorney fees; to provide for definitions; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 38:215.1 is hereby enacted to read as follows: 8
ยง215.1. Public drainage; refusal of access for maintenance purposes; court costs and9
attorney fees; definitions10
A. No landowner shall refuse to grant reasonable surface access to any11
existing natural or artificial public drainage by a local governing authority, drainage12
district, or other public entity charged with maintaining the public drainage when13
such access is within the normal course of the entity's duties and written notice has14
been given to the landowner at least thirty days prior to the commencement of any15
maintenance activities on the property. The landowner shall also be given an16
opportunity for a public hearing, held before the municipal drainage authority, parish17
drainage district, or public works district for the city where the landowner's property18
is located, subject to the judicial review rights under the Administrative Procedure19
Act.20 HLS 14RS-999 REENGROSSED
HB NO. 419
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B. In any action in a court of competent jurisdiction where the court is1
required to determine the right of access to the public drainage pursuant to this2
Section, the prevailing party shall be entitled to an award of court costs and attorney3
fees incurred by the prevailing party.4
C. For purposes of this Section, "public drainage" means any existing natural5
or artificial drainage ditch, drain, culvert, canal, creek, bayou, or small river.6
D. For the purposes of this Section, "reasonable surface access" means the7
utilization of existing ingress and egress points on a landowner's property so as not8
to disrupt the activities of the landowner or cause damage to the property.9
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)]
Montoucet HB No. 419
Abstract: Provides that no person shall refuse to grant access to any natural or artificial
public drainage by a local governing authority, drainage district, or other public
entity charged with maintaining the public drainage.
Present law (R.S. 38:214) provides that no person shall dump or discharge or permit to be
dumped or discharged into any waters or drains of the state any trees or other objects,
substances, or materials which might interfere with the drainage.
Present law (R.S. 38:215) provides that no person shall willfully obstruct any natural or
artificial drainage canal, creek, bayou, or small river, or any public or private drainage.
Proposed law provides that no landowner shall refuse to grant access to any natural or
artificial public drainage by a local governing authority, drainage district, or other public
entity charged with maintaining the public drainage when they have been given 30 days
written notice before the commencement of maintenance activities and an opportunity for
a hearing before the governing board of the city or parish where the landowner's property
is located, subject to judicial review.
Proposed law provides that in any action in a court of competent jurisdiction where the court
is required to determine the right of access to the public drainage, the prevailing party shall
be entitled to an award of court costs and attorney fees incurred by the prevailing party.
Proposed law defines "public drainage" as any existing natural or artificial drainage ditch,
drain, culvert, canal, creek, bayou, or small river.
Proposed law defines"reasonable surface access" as the utilization of existing ingress and
egress points on a landowner's property so as not to disrupt the activities of the landowner
or cause damage to the property.
(Adds R.S. 38:215.1) HLS 14RS-999 REENGROSSED
HB NO. 419
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Clarified that a landowner cannot refuse access to any drainage when such access
is within the normal course of the entity's duties and they have been given notice
and an opportunity for a hearing.
2. Defined reasonable surface access as the utilization of existing ingress and egress
points on a landowner's property so as not to disrupt the activities of the
landowner or cause damage to the property.
House Floor Amendments to the engrossed bill.
1. Provided that written notice must be given to the landowner at least 30 days prior
to the commencement of any maintenance activities on the property. Provides
that the landowner should also be given an opportunity for a public hearing
before the municipal drainage authority, parish drainage district, or public works
district for the city where the landowner's property is located, subject to the
judicial review rights under the Administrative Procedure Act.