Louisiana 2018 Regular Session

Louisiana House Bill HB113

Introduced
2/22/18  
Introduced
2/22/18  
Refer
2/22/18  
Refer
2/22/18  
Refer
3/12/18  
Refer
3/12/18  
Report Pass
3/20/18  
Report Pass
3/20/18  
Engrossed
3/27/18  
Engrossed
3/27/18  
Refer
3/28/18  

Caption

Relative to the disposition of property with respect to certain waterways

Impact

The enactment of HB 113 is set to streamline the process for addressing nuisances posed by abandoned objects in waterways, as it formalizes the roles of both governmental authorities and adjacent property owners. Local authorities are empowered to initiate removal when compliance is not met, and adjacent landowners can seek legal recourse if their riparian rights are undermined by a sunken object. Therefore, the bill contributes to enhancing navigational safety and ensures that local waterways remain in use without hazardous impediments. The provisions could have significant implications for property owners across the state, as they clarify legal responsibilities and enhance enforcement capabilities against non-compliant entities.

Summary

House Bill 113 addresses the removal of unattended, abandoned, or junked objects in waterways across Louisiana, allowing both government authorities and adjacent landowners to take action. The bill stipulates that the owner of any such object must submit a removal plan within thirty days upon receiving written notice from the appropriate governing authority. If the owner does not comply, the authority is granted the power to remove the object at the owner's expense. Notably, the bill modifies previous laws by specifying a deadline for plan execution rather than a vague timeline related to immediate danger. This helps establish clearer obligations for property owners and authorities alike in maintaining waterway integrity.

Sentiment

The overall sentiment surrounding HB 113 appears to be supportive, particularly from lawmakers focused on environmental security and community well-being. Constituents have expressed a desire to maintain clean and safe waterways, emphasizing the need for regulations that facilitate prompt action against litter in public resources. However, some may raise concerns about the fairness of responsibility placed upon object owners, and the potential for disputes between landowners and object possessors could lead to legal tensions. Overall, the prevailing view is one of positive anticipation regarding collaborative enforcement efforts to protect waterways.

Contention

While HB 113 seeks to clarify the removal process and alleviate the burden of unsightly or hazardous objects in waterways, potential points of contention lie in the practicalities of enforcement and compliance. Some property owners might argue against the financial burdens imposed by the bill, particularly concerning costs associated with removals or legal actions stemming from non-compliance. Moreover, conflicts over riparian rights could be a source of legal battles as adjacent property owners may feel strongly about what they perceive as threats to their property values and environmental aesthetics.

Companion Bills

No companion bills found.

Previously Filed As

LA HB676

Provides for the removal and salvage of abandoned vessels in waterways (EN INCREASE SD RV See Note)

LA HB301

Provides for the removal and salvage of abandoned vessels in waterways (OR INCREASE SD RV See Note)

LA HB536

Relating To Freshwater Waterways.

LA HB720

AN ACT relating to disposition of property.

LA HB1188

Compliance with CHINS dispositional decrees.

LA AB579

Use of fill in commercial waterways and Great Lakes waters.

LA SB541

Use of fill in commercial waterways and Great Lakes waters.

LA HB289

Provides with respect to the Alexandria Regional Port

LA HB839

Provides with respect to the towing of motor vehicles

LA HB53

Provides with respect to sales of certain services and tangible personal property at certain publicly owned facilities (Item #35) (EN SEE FISC NOTE GF RV)

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