Schexnayder HB No. 196
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
PROPERTY/SERVITUDES. Provides relative to utility servitudes
DIGEST
Present law (C.C. Arts. 692) provides that the owner of an enclosed estate may not demand
the right of passage or the right-of-way for the utility anywhere he chooses. Provides that
the passage generally shall be taken along the shortest route from the enclosed estate to the
public road or utility at the location least injurious to the intervening lands. Further 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. Further 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 retains present law but adds that, if a levee authority permits the owners of
property surrounding an enclosed estate to use the levee for passage to a public road, then
the owner of the enclosed estate may use the levee for passage to a public road, even if that
passage is not the shortest route from the enclosed estate to a public road.
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. 692, 693, 694, and 696.1)
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Prepared by Julie J. Baxter. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Adds changes to Civil Code Article 692, providing for owners of enclosed estates
to be able to use a levee for passage to a public road, even if it is not the shortest
route from the enclosed estate to a public road.
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Prepared by Julie J. Baxter.