2015 Regular Session ENROLLED
SENATE RESOLUTION NO. 180
BY SENATOR NEVERS
A RESOLUTION
To urge and request that the Louisiana State Law Institute study and make recommendations
regarding the feasibility of the use of levee roads by owners of enclosed estates to
reach public roads.
WHEREAS, Civil Code Article 692 provides that the owner of an enclosed estate
may not demand the right of passage or the right-of-way for a utility anywhere he chooses,
and 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; and
WHEREAS, in order to perform its function and duties a levee authority may own
or have access to a levee road for passage; and
WHEREAS, the Louisiana State Law Institute should study whether the owner of an
enclosed estate, in order to reach a public road, may be authorized by a levee authority to
utilize a levee road for passage to a public road; and
WHEREAS, such use of a levee road by a private estate owner raises potential legal
issues that should be studied, including questions of property access, servitude, ownership
and flood control integrity of the levee, and potential restrictions that could be placed upon
the use of such levee road by a private estate owner.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request 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 public roads.
BE IT FURTHER RESOLVED that any recommendations for revising state law shall
be in the form of proposed legislation with appropriate substantive text to effect such
recommendations in a statutorily consistent and coordinated matter.
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BE IT FURTHER RESOLVED that a copy of the Law Institute report, together with
any recommendations, shall be submitted to the Legislature of Louisiana not later than
February 15, 2017.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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