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)]
HB 196 Engrossed 2015 Regular Session Schexnayder
Abstract: Provides for utility servitudes for enclosed estates.
Present law (C.C. Arts. 693, 694, and 696.1, as amended by Acts 2012, No. 739, apply, in addition
to estates that have no access to a public road, to estates that have no access to a public utility.
Accordingly, principles relative to utilities and utility servitudes have been combined with Civil
Code Articles relative to the right of passage for enclosed estates.
Present law (C.C. Art. 693) provides that if an estate becomes enclosed as a result of a voluntary act
or omission of its owner, the neighbors are not bound to furnish a passage to him or his successors.
Proposed law provides the same result relative to utility servitudes.
Present law (C.C. Art. 694) provides in cases of partition or voluntary alienation that the passage
shall be furnished gratuitously even if the route is not the route that otherwise would be selected.
Proposed law retains present law and adds a similar provision for utility servitudes.
Present law (C.C. Art. 696.1) defines "utility" 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 provides instead that a utility is a service such as electricity, water, sewer, gas,
telephone, cable, and power and communication networks of the kind commonly used in the
operation of an ordinary household, whether the service is provided to a household or business.
Proposed law (C.C. Art. 696.1) specifies that the burden imposed on the servient estate shall not be
substantially different from that required to provide the utility to an ordinary household.
Proposed law provides that any new or additional maintenance burden on the servient estate shall
be the responsibility of the dominant estate.
(Amends C.C. Arts. 693, 694, and 696.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill:
1. Retain but transfer to the Civil Code the proposed law provisions relative to the
following: (a) an owner depriving himself of access to a public utility; (b) property
alienated or partitioned resulting in loss of access to a public utility; (c) the definition of
utility; (d) burden imposed on the servient estate; and (e) new or additional burdens
imposed on the servient estate.
2. Add legislative intent as to applicability of proposed law to the laws on expropriation.
3. Delete all other provisions of proposed law.