HLS 22RS-1051 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 589
BY REPRESENTATIVE LACOMBE
DISTRICTS/DRAINAGE: Provides relative to levee and drainage districts
1 AN ACT
2To amend and reenact R.S. 38:113, relative to levee and drainage districts; to provide
3 relative to public drainage channels or outfall canals; to provide relative to the space
4 on both sides of public drainage channels or outfall canals; to provide for a legal
5 servitude over property; to provide relative to liability to a property owner; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 38:113 is hereby amended and reenacted to read as follows:
9 ยง113. Control of drainage channels and outfall canals in levee and drainage districts
10 A. The various levee and drainage districts shall have a legal servitude
11 control over all public drainage channels or outfall canals, for the purpose of
12 maintaining or preserving such channels and canals within the limits of their districts
13 which are selected by the district, and for a space of one hundred fifty feet on both
14 sides of the banks of such channels or outfall canals, and one hundred fifty feet
15 continuing outward from the mouth of such channels or outfall canals and for such
16 other additional space as a court of competent jurisdiction may deem necessary for
17 the purpose of preserving or maintaining such channels and canals, whether the
18 drainage channels or outfall canals have been improved by the levee or drainage
19 district, or have been adopted without improvement as necessary parts of or
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1051 ORIGINAL
HB NO. 589
1 extensions to improved drainage channels or outfall canals, and may adopt rules and
2 regulations for preserving the efficiency of the drainage channels or outfall canals.
3 B. Notwithstanding any provision in this Section to the contrary, any levee
4 and draining district asserting a legal servitude over property shall be liable to a
5 property owner for damages caused to the property by its work, exclusive of trespass
6 damages and attorneys' fees, and shall at all times exercise the servitude in a manner
7 least inconvenient for the property burdened by the servitude.
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)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.