HLS 14RS-1409 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 936
BY REPRESENTATIVE MONTOUCET
MINERALS: Provides for rights of subsequent purchasers property relative to
environmental damages
AN ACT1
To enact R.S. 30:29.2, relative to civil actions for environmental damages to property; to2
authorize an action for damages under certain circumstances; to provide for3
prescription; to provide for legislative intent; to provide for applicability; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:29.2 is hereby enacted to read as follows: 7
ยง29.2. Right of landowner to claim property damages8
Notwithstanding any provision of law to the contrary, the current owner of9
any property subject to the provisions of R.S. 30:29 or 2015.1 shall have a right of10
action to assert claims for non-apparent environmental damages that were caused or11
sustained prior to his acquisition of the property and which he had no actual12
knowledge at the time of acquisition. This right of action includes but is not limited13
to the right to assert any delictual or contractual claim of any prior owner of the14
property, provided such claims have not prescribed prior to the current owner's15
acquisition of the property.16
Section 2. The provisions of this Act shall apply both prospectively and17
retroactively, and are intended to legislatively overrule the cases of Eagle Pipe and Supply,18
Inc. v. Amerada Hess Corporation, et al., 2011 WL 5865523, 2010-C-2267 (La. 2011), and19
Prados v. South Central Bell Tel. Co., 329 So.2d 744 (La. 1975).20 HLS 14RS-1409 ORIGINAL
HB NO. 936
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)