RDCSB129 447 3131
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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.
Proposed law further provides that it shall have prospective application only.
(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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Delete provisions requiring reasonable compensation for the right and servitude
acquired if it is used for commercial or business purposes.
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