ENROLLED
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are additions.
ACT No. 241
Regular Session, 2014
HOUSE BILL NO. 419
BY REPRESENTATIVE MONTOUCET
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
B. In any action in a court of competent jurisdiction where the court is21
required to determine the right of access to the public drainage pursuant to this22
Section, the prevailing party shall be entitled to an award of court costs and attorney23
fees incurred by the prevailing party.24 ENROLLEDHB NO. 419
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C. For purposes of this Section, "public drainage" means any existing natural1
or artificial drainage ditch, drain, culvert, canal, creek, bayou, or small river.2
D. For the purposes of this Section, "reasonable surface access" means the3
utilization of existing ingress and egress points on a landowner's property so as not4
to disrupt the activities of the landowner or cause damage to the property.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: