Requests the Louisiana State Law Institute to study and make recommendations regarding the feasibility of the use of levee roads by owners of enclosed estates to reach a public road.
Impact
This resolution could lead to significant changes in state laws regarding property rights and utilities, particularly as they pertain to the ownership and use of levee roads. The recommendations made by the Louisiana State Law Institute may result in proposed legislation that officially authorizes estate owners to utilize levee roads, potentially affecting numerous property owners who currently face access limitations. Furthermore, any legal findings could provide clarity on the potential conflicts between private property access and public safety initiatives related to flood control.
Summary
Senate Resolution No. 180 requests the Louisiana State Law Institute to conduct a study on the feasibility of allowing owners of enclosed estates to use levee roads to access public roads. This resolution arises from a need to clarify the legal status surrounding property access rights, particularly for those who might otherwise lack direct access to public ways. By addressing these concerns, the resolution aims to facilitate better access for estate owners while also considering the integrity of flood control measures provided by levees.
Sentiment
The general sentiment surrounding SR180 appears to be cautiously optimistic. Supporters likely view the study as a positive step toward resolving ongoing issues related to property access that could enhance the quality of life for those living in enclosed estates. However, there may also be concerns raised by public safety advocates regarding the implications of modifying the use of levee roads, suggesting a need for careful examination of environmental and maintenance issues associated with increased vehicular access to these areas.
Contention
Notable points of contention may arise from legal interpretations of property access rights and the responsibilities of levee authorities in managing public and private access. The resolution raises important questions regarding potential restrictions on the use of levee roads by private estate owners and how such changes could impact local land use and flood control integrity. The study's findings could either align with the interests of estate owners or highlight risks that necessitate a more cautious approach to private access via levee roads.
Requests the Louisiana State Law Institute to study and make recommendations regarding present Louisiana property law governing common interest ownership regimes.
Urges and requests the Louisiana State Law Institute to study and make recommendations relative to the feasibility of codifying certain cases relative to R.S. 38:113
Requests the Louisiana State Law Institute to study and make recommendations to the Louisiana Legislature regarding state law post-Obergefell v. Hodges.
Requests the Louisiana State Law Institute study and make recommendations regarding whether the Constitution of Louisiana should be amended to provide that mineral interests of the state, school boards, or levee districts should be subject to loss by prescription or other means.