Louisiana 2014 2014 Regular Session

Louisiana House Bill HB936 Comm Sub / Analysis

                    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. 936
Abstract: Authorizes a right of action by a property owner for environmental damages to
property which occurred prior to the purchase of the property.
Proposed law provides that the current owner of any property subject to the provisions of R.S.
30:29 or 2015.1 shall have a right of action to assert claims for non-apparent environmental
damages that were caused or sustained prior to his acquisition of the property, and that the right
of action includes the right to assert any delictual or contractual claim of any prior owner of the
property.
Proposed law provides that the provisions of proposed law shall apply both prospectively and
retroactively, and are intended to legislatively overrule the cases of 	Eagle Pipe and Supply, Inc.
v. Amerada Hess Corporation, et al., 2011 WL 5865523, 2010-C-2267 (La. 2011), and Prados v.
South Central Bell Tel. Co., 329 So.2d 744 (La. 1975).
(Adds R.S. 30:29.2)