The original instrument was prepared by Benjamin A. Huxen, II. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by Jerry G. Jones.
DIGEST
SB 129 Engrossed 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 reasonably compensate his neighbor for the right
and servitude acquired and to indemnify his neighbor for the damage he may occasion.
Proposed law further provides that it shall have prospective application only.
Effective August 1, 2017.
(Amends R.S. 9:1254(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Changed "compensate" to "reasonably compensate".
2. Added prospective application only.