Louisiana 2016 2016 Regular Session

Louisiana House Bill HB564 Introduced / Bill

                    HLS 16RS-395	ORIGINAL
2016 Regular Session
HOUSE BILL NO. 564
BY REPRESENTATIVE RICHARD
WATERWAYS:  Provides relative to authorized uses of the banks of navigable rivers and
streams
1	AN ACT
2To amend and reenact Civil Code Article 456, relative to banks of navigable rivers or
3 streams; to provide for the definition of "public use"; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  Civil Code Article 456 is hereby amended and reenacted to read as
7follows:
8 Art. 456.  Banks of navigable rivers or streams.
9	The banks of navigable rivers or streams are private things that are subject
10 to public use.  For purposes of this Article,"public use" shall include but is not
11 limited to fishing.
12	The bank of a navigable river or stream is the land lying between the ordinary
13 low and the ordinary high stage of the water.  Nevertheless, when there is a levee in
14 proximity to the water, established according to law, the levee shall form the bank.
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-395	ORIGINAL
HB NO. 564
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 564 Original 2016 Regular Session	Richard
Abstract:  Includes fishing as an authorized public use of the bank of a navigable stream or
waterway.
Present law provides that the banks of navigable rivers or streams are private things that are
subject to public use.  Further provides that the bank of a navigable river or stream is the
land lying between the ordinary low and the ordinary high stage of the water.
Present law provides that when there is a levee in proximity to the water, established
according to law, the levee shall form the bank.
Proposed law defines that "public use" includes, but is not limited to fishing.
(Amends C.C. Art. 456)
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.