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Regular Session, 2014
HOUSE BILL NO. 615
BY REPRESENTATIVE ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
PROPERTY/SERVITUDES: Provides for utility servitudes for enclosed estates
AN ACT1
To amend and reenact Civil Code Articles 689 through 692, 694, and 705, to enact Chapter2
1-A of Code Title IV of Code Book II of Title 9 of the Louisiana Revised Statutes3
of 1950, to be comprised of R.S. 9:1261 through 1270, and to repeal Civil Code4
Article 696.1, relative to utility servitudes for enclosed estates; to provide for utility5
servitudes; to provide for the scope of the servitude; to provide for works necessary6
for the servitude; to provide for the location of the right-of-way; to provide for7
voluntary loss of utility access; to provide for loss of utility access due to partition8
or alienation; to provide for relocation of the right-of-way; to provide for the9
prescriptibility of actions for compensation and indemnity; and to provide for related10
matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Civil Code Articles 689 through 692, 694, and 705 are hereby amended13
and reenacted to read as follows: 14
Art. 689. Enclosed estate; right of passage15
The owner of an estate that has no access to a public road or utility may claim16
a right of passage over neighboring property to the nearest public road or utility. He17
is bound to compensate his neighbor for the right of passage acquired and to18
indemnify his neighbor for the damage he may occasion.19 HLS 14RS-1011 ORIGINAL
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New or additional maintenance burdens imposed upon the servient estate or1
intervening lands resulting from the utility servitude shall be the responsibility of the2
owner of the dominant estate.3
Art. 690. Extent of passage4
The right of passage for the benefit of an enclosed estate shall be suitable for5
the kind of traffic or utility that is reasonably necessary for the use of that estate.6
Art. 691. Constructions7
The owner of the enclosed estate may construct on the right-of-way the type8
of road, utility, or railroad reasonably necessary for the exercise of the servitude.9
The utility crossing shall be constructed in compliance with all appropriate10
and applicable federal and state standards so as to mitigate all hazards posed by the11
passage and the particular conditions of the servient estate and intervening lands.12
Art. 692. Location of passage13
The owner of the enclosed estate may not demand the right of passage or the14
right-of-way for the utility anywhere he chooses. The passage generally shall be15
taken along the shortest route from the enclosed estate to the public road or utility16
at the location least injurious to the intervening lands.17
The location of the utility right-of-way shall coincide with the location of the18
servitude of passage unless an alternate location providing access to the nearest19
utility is least injurious to the servient estate and intervening lands.20
The court shall evaluate and determine that the location of the servitude of21
passage or utility shall not affect the safety of the operations or significantly interfere22
with the operations of the owner of the servient estate or intervening lands prior to23
the granting of the servitude of passage or utility.24
* * *25
Art. 694. Enclosed estate; voluntary alienation or partition26
When in the case of partition, or a voluntary alienation of an estate or of a27
part thereof, property alienated or partitioned becomes enclosed, passage shall be28
furnished gratuitously by the owner of the land on which the passage was previously29 HLS 14RS-1011 ORIGINAL
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exercised, even if it is not the shortest route to the public road or utility, and even if1
the act of alienation or partition does not mention a servitude of passage.2
* * *3
Art. 705. Servitude of passage4
The servitude of passage is the right for the benefit of the dominant estate5
whereby persons, animals, utilities, or vehicles are permitted to pass through the6
servient estate. Unless the title provides otherwise, the extent of the right and the7
mode of its exercise shall be suitable for the kind of traffic or utility necessary for8
the reasonable use of the dominant estate.9
Section 2. Chapter 1-A of Code Title IV of Code Book II of Title 9 of the Louisiana10
Revised Statutes of 1950, comprised of R.S. 9:1261 through 1270, is hereby enacted to read11
as follows:12
CHAPTER 1-A. UTILITY SERVITUDES13
§1261. Estate having no access to utility; utility servitude14
The owner of an estate that has no access to a public utility may claim a15
utility servitude over neighboring property to the nearest public utility. He is bound16
to compensate his neighbor for the utility servitude acquired and to indemnify him17
for the damage he may occasion.18
§1262. Scope of the utility servitude19
The utility servitude shall be limited to the rights reasonably necessary to20
provide utility services to the dominant estate.21
§1263. Works22
The owner of the dominant estate may construct on the right-of-way of the23
utility servitude the works that are reasonably necessary for the exercise of the24
servitude.25
The works constructed on the servient estate shall not be substantially26
different from those required to provide the utility to an ordinary household.27
The works shall be constructed and maintained in compliance with applicable28
federal and state standards and in a manner to lessen hazards posed by the servitude.29 HLS 14RS-1011 ORIGINAL
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§1264. Location of the right-of-way1
The owner of the dominant estate may not demand location of the2
right-of-way anywhere he chooses. The right-of-way generally shall be taken along3
the shortest route from the dominant estate to the public utility at the location least4
injurious to the intervening lands.5
The right-of-way shall not be fixed at a location that significantly affects the6
safety of operations on, or unreasonably interferes with the enjoyment of, the7
servient estate.8
§1265. Voluntary loss of utility access9
If the owner of an estate deprives himself of access to a public utility as a10
result of his voluntary act or omission, his neighbors are not bound to furnish a11
servitude to him or his successors for access to that utility.12
§1266. Voluntary alienation or partition13
When in the case of partition, or a voluntary alienation of an estate or of a14
part thereof, property alienated or partitioned becomes deprived of access to a public15
utility, a utility servitude shall be furnished gratuitously by the owner of the land on16
which access to the public utility previously existed, even if it is not the shortest17
route to the public utility, and even if the act of alienation or partition does not18
mention a utility servitude.19
§1267. Relocation of right-of-way20
The owner of the dominant estate has no right to the relocation of the21
right-of-way after it is fixed. The owner of the servient estate has the right to22
demand relocation of the right-of-way to a more convenient place at his own23
expense, provided that it affords the same facility to the owner of the dominant24
estate.25
§1268. Prescriptibility of action for compensation and indemnity26
The right for compensation and indemnity against the owner of the dominant27
estate may be lost by prescription. The accrual of this prescription has no effect on28
the utility servitude.29 HLS 14RS-1011 ORIGINAL
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§1269. Utility1
As used in this Chapter, a utility is a service, such as electricity, water, sewer,2
gas, telephone, cable television, and commonly used power and communication3
networks, of the kind required for the operation of an ordinary household, whether4
the service is provided to a household or business.5
§1270. Regulation of the servitude6
A utility servitude under this Chapter is regulated by application of the rules7
governing predial servitudes to the extent that their application is compatible with8
the rules governing a utility servitude.9
Section 3. Civil Code Article 696.1 is hereby repealed in its entirety.10
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. 615
Abstract: Provides for utility servitudes for enclosed estates.
Present law (C.C. Art. 689) includes utilities in the right of passage for enclosed estates.
Proposed law (C.C. Art. 689) removes utilities from the right of passage.
Proposed law enacts Chapter 1-A of Code Title IV of Code Book II of Title 9, to be
comprised of R.S. 9:1261 through 1270, establishing the right to a utility servitude for
enclosed estates.
Proposed law (R.S. 9:1261) provides that the owner of an estate that has no access to a
public utility may claim over neighboring property a utility servitude to the nearest public
utility. Proposed law (R.S. 9:1261) provides that he is bound to compensate his neighbor
for the utility servitude acquired and indemnify him for the damage he may occasion.
Present law (C.C. Art. 689) provides that new or additional maintenance burdens imposed
upon the servient estate or intervening lands resulting from the utility servitude shall be the
responsibility of the owner of the dominant estate.
Proposed law (C.C. Art. 689) repeals present law.
Proposed law (R.S. 9:1262) provides that the utility servitude shall be limited to the rights
reasonably necessary to provide utility services to the dominant estate.
Proposed law (R.S. 9:1263) provides that the owner of the dominant estate may construct
on the right-of-way of the utility servitude the works that are reasonably necessary for the
exercise of the servitude. Provides that the works constructed on the servient estate shall not
be substantially different from those required to provide the utility to an ordinary household. HLS 14RS-1011 ORIGINAL
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are additions.
Present law (C.C. Art. 691) provides that the utility crossing shall be constructed in
compliance with all appropriate and applicable federal and state standards so as to mitigate
all hazards posed by the passage and the particular conditions of the servient estate and
intervening lands.
Proposed law (C.C. Art. 691) repeals present law.
Proposed law (R.S. 9:1263) provides that the works shall be constructed and maintained in
compliance with applicable federal and state standards and in a manner to lessen hazards
posed by the servitude.
Present law (C.C. Art. 692) provides that the location of the utility right-of-way shall
coincide with the location of the servitude of passage unless an alternate location providing
access to the nearest utility is least injurious to the servient estate and intervening lands.
Present law (C.C. Art. 692) provides that the court shall evaluate and determine that the
location of the servitude of passage or utility shall not affect the safety of the operations or
significantly interfere with the operations of the owner of the servient estate or intervening
lands prior to the granting of the servitude of passage or utility.
Proposed law (C.C. Art. 692) repeals present law.
Proposed law (R.S. 9:1264) provides that the owner of the dominant estate may not demand
location of the right-of-way anywhere he chooses. Provides that the right-of-way generally
shall be taken along the shortest route from the dominant estate to the public utility at the
location least injurious to the intervening lands. Further provides that the right-of-way shall
not be fixed at a location that significantly affects the safety of operations on, or
unreasonably interferes with the enjoyment of, the servient estate.
Proposed law (R.S. 9:1265) provides that if the owner of an estate deprives himself of access
to a public utility as a result of his voluntary act or omission, his neighbors are not bound to
furnish a servitude to him or his successors for access to that utility.
Proposed law (R.S. 9:1266) provides that when in the case of partition, or a voluntary
alienation of an estate, property alienated or partitioned becomes deprived of access to a
public utility, a utility servitude shall be furnished gratuitously by the owner of the land on
which access to the public utility previously existed, even if it is not the shortest route to the
public utility, and even if the act of alienation or partition does not mention a utility
servitude.
Proposed law (R.S. 9:1267) provides that the owner of the dominant estate has no right to
the relocation of the right-of-way after it is fixed. Provides that the owner of the servient
estate has the right to demand relocation of the right-of-way to a more convenient place at
his own expense, provided that it affords the same facility to the owner of the dominant
estate.
Proposed law (R.S. 9:1268) provides that the right for compensation and indemnity against
the owner of the dominant estate may be lost by prescription. Provides that the accrual of
this prescription has no effect on the utility servitude.
Present law defines "utility" in Civil Code Article 696.1 as a service such as electricity,
water, sewer, gas, telephone, cable television, and other commonly used power and
communication networks required for the operation of an ordinary household or business.
Proposed law repeals present law.
Proposed law (R.S. 9:1269) defines "utility" as a service such as electricity, water, sewer,
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networks of the kind required for the operation of an ordinary household, whether the service
is provided to a household or business.
Proposed law (R.S. 9:1270) provides that a utility servitude under this Chapter is regulated
by application of the rules governing predial servitudes to the extent that their application
is compatible with the rules governing a utility servitude.
(Amends C.C. Arts. 689-692, 694, and 705; Adds R.S. 9:1261-1270; Repeals C.C. Art.
696.1)