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)]
HB 589 Original 2022 Regular Session LaCombe
Abstract: Provides relative to the levee and drainage districts' control over public drainage channels
or outfall canals.
Present law requires various levee and draining districts have control over all public draining
channels or outfall canals within the limits of their districts, which are selected by the district, and
for a space of 100 ft. on both sides of the banks of such channels or outfall canals, whether the
drainage channels or outfall canals have been improved by the levee or drainage district, or have
been adopted without improvements as necessary parts of or extensions to preserving the efficiency
of the drainage channels or outfall canals.
Proposed law modifies present law by requiring the various levee and drainage districts have a legal
servitude over all public drainage channels or outfall canals for the purpose of maintaining or
preserving such channels and canals within the limits of the district.
Proposed law changes the space on both sides of the banks of such channels or outfall canals from
100 ft. to 50 ft. and changes the spacing continuing outward from the mouth of the channels or
outfall canals from 100 ft. to 50 ft.
Proposed law also authorizes additional space on both sides of the banks as a court of competent
jurisdiction may deem necessary for the purpose of preserving or maintaining such channels and
canals.
Proposed law requires any levee and draining district asserting a legal servitude over property be
liable to a property owner for damages caused to the property by its work. Provides the liability be
exclusive of trespass damages and attorneys' fees and requires the exercise of the legal servitude be
in a manner least inconvenient for the property burdened by the servitude.
(Amends R.S. 38:113)