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)