Louisiana 2017 Regular Session

Louisiana House Bill HR178

Introduced
6/1/17  
Introduced
6/1/17  
Passed
6/8/17  

Caption

Directs Louisiana Sea Grant to facilitate the study of and make recommendations for the creation of a voluntary public recreation servitude of use of waterways

Impact

The bill anticipates creating a statutory framework that defines a voluntary public recreation servitude. By allowing property owners to maintain control over their land while giving the public access to enjoy recreational activities, it seeks to minimize liability issues for property owners. This framework aims to resolve ongoing conflicts around waterway access and land ownership rights, fostering a cooperative approach to managing public and private interests in Louisiana's coastal regions. Moreover, the involvement of various stakeholders, including the State Land Office and conservation groups, is crucial in ensuring that the study comprehensively addresses all relevant legal and environmental concerns.

Summary

House Resolution 178 directs Louisiana Sea Grant to facilitate a study aimed at potentially establishing a voluntary public recreation servitude for certain waterways in Louisiana. This initiative arises from the need for improved public access to the state's coastline, which is crucial for activities such as hunting, fishing, and nature observation, particularly in areas where there are no road connections. The study aims to create a balanced framework that allows for public enjoyment while safeguarding property owners' interests, addressing the complex legal landscape concerning submerged lands and private ownership.

Sentiment

The overall sentiment towards HR178 appears to be favorable, particularly among advocates for outdoor recreation and conservation. Supporters appreciate the effort to improve public access to waterways while also respecting landowners' rights. However, there may be underlying tensions since the implementation of such servitudes could lead to contentious discussions about property rights and liability concerns. Stakeholders' varied interests indicate a need for dialogue to find common ground between recreational access and property protection.

Contention

The study's outcomes may provoke discussions around how to balance public access and private property rights effectively. Concerns may arise regarding the potential for increased liability for property owners as public access expands. Critics may also voice fears about the adequacy of protections for private property in the proposed servitude. As HR178 highlights the involvement of diverse groups in its research, ensuring that all voices are heard will be essential to crafting a solution that satisfies both recreational needs and property owner protections.

Companion Bills

No companion bills found.

Previously Filed As

LA HCR60

Establishes the Public Access to Waterways Task Force

LA SCR99

Establishes a task force to study and make recommendations on the issue of public access on the navigable waters of the state.

LA HCR13

Directs the La. State Police Crime Lab to study and make recommendations regarding the use of "familial DNA" in Louisiana

LA HB165

Requires that agreements between an acquiring agency and a landowner for integrated coastal protection projects ensure public recreational access to lands and waterways reclaimed

LA HB315

Requires that agreements between an acquiring agency and a landowner for integrated coastal protection projects ensure public recreational access to waterways in the reclaimed lands

LA SB129

Provides relative to indemnity for right and servitude of passage on certain waterways. (8/1/17)

LA HB40

Requires that agreements between an acquiring agency and a landowner for integrated coastal protection projects ensure public recreational access to waterways in the reclaimed lands

LA AB579

Use of fill in commercial waterways and Great Lakes waters.

LA HB196

Provides relative to utility servitudes

LA SB35

Provides for legal servitudes. (8/1/25)

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