SLS 17RS-447 ORIGINAL
2017 Regular Session
SENATE BILL NO. 129
BY SENATORS ALLAIN AND APPEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SERVITUDES. Provides that the owner of an enclosed estate is bound to compensate his
neighbor for acquiring a right and servitude of passage of a waterway and must indemnify
his neighbor for the damage he may occasion. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 9:1254(A), relative to rights and servitude of passage on certain
3 waterways; to provide for limitations of a servitude of passage; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:1254(A) is hereby amended and reenacted to read as follows:
7 ยง1254. Enclosed estate; right and servitude of passage on certain waterways
8 A. The owner of an enclosed estate who has no access to his estate other than
9 by way of an existing waterway passing through neighboring property shall have a
10 right and servitude of passage on such waterway. He is bound to compensate his
11 neighbor for the right and servitude acquired and to indemnify his neighbor for
12 the damage he may occasion. The existing waterway passing through the
13 neighboring property shall be directly accessible from a publicly navigable
14 waterway, and shall have been and shall still be capable of use for navigation by the
15 owner of either the dominant or servient estate at the time of acquisition by act of
16 sale, inheritance, or otherwise, by the owner of the dominant estate.
17 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 129
SLS 17RS-447 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 129 Original 2017 Regular Session Allain
Present law provides that the owner of an enclosed estate who has no access to his estate
other than by way of an existing waterway passing through neighboring property shall have
a right and servitude of passage on such waterway.
Proposed law provides that such owner is bound to compensate his neighbor for the right and
servitude acquired and to indemnify his neighbor for the damage he may occasion.
Effective August 1, 2017.
(Amends R.S. 9:1254(A))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.