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)
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.