2017 Regular Session ENROLLED
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.
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 indemnification for damages; and to provide for related
4 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 indemnify his
11 neighbor for the damage he may occasion. The existing waterway passing through
12 the neighboring property shall be directly accessible from a publicly navigable
13 waterway, and shall have been and shall still be capable of use for navigation by the
14 owner of either the dominant or servient estate at the time of acquisition by act of
15 sale, inheritance, or otherwise, by the owner of the dominant estate.
16 * * *
17 Section 2. The provisions of this Act shall have prospective application only.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
ACT No. 244
Page 1 of 1
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.