SLS 15RS-398 ORIGINAL
2015 Regular Session
SENATE BILL NO. 137
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SERVITUDES. Provides relative to enclosed estates, right of passage, and use of levee
roads. (8/1/15)
1 AN ACT
2 To amend and reenact Civil Code Article 692, relative to predial servitudes and rights of
3 passage; to provide relative to enclosed estates; to provide for rights of passage to
4 public roads; to provide relative to location of rights of passage; to provide relative
5 to use of levees; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 692 is hereby amended and reenacted to read as
8 follows:
9 Art. 692. Location of passage
10 The owner of the enclosed estate may not demand the right of passage or the
11 right-of-way for the utility anywhere he chooses. The passage generally shall be
12 taken along the shortest route from the enclosed estate to the public road or utility
13 at the location least injurious to the intervening lands. Nevertheless, if a levee
14 authority permits the owners of property surrounding an enclosed estate to use
15 the levee for passage to a public road, then the owner of the enclosed estate may
16 use the levee for passage to a public road, even if that passage is not the shortest
17 route from the enclosed estate to a public road.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 137
SLS 15RS-398 ORIGINAL
1 The location of the utility right-of-way shall coincide with the location of the
2 servitude of passage unless an alternate location providing access to the nearest
3 utility is least injurious to the servient estate and intervening lands.
4 The court shall evaluate and determine that the location of the servitude of
5 passage or utility shall not affect the safety of the operations or significantly interfere
6 with the operations of the owner of the servient estate or intervening lands prior to
7 the granting of the servitude of passage or utility.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
SB 137 Original 2015 Regular Session Adley
Present law provides that the owner of the 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. Present law 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. Present law 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 and 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.
Effective August 1, 2015.
(Amends C.C. Art. 692)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.