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 Linda Nugent.
DIGEST
SB 129 Reengrossed 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 indemnify his neighbor for the damage he may
occasion, and to reasonably compensate his neighbor for the right and servitude acquired if it is used
for commercial or business purposes.
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.
Senate Floor Amendments to engrossed bill
1. Restricts reasonable compensation to his neighbor for the right and servitude
acquired if it is used for commercial or business purposes.
2. Retains indemnity requirement.