HLS 22RS-4274 ORIGINAL
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 114
BY REPRESENTATIVE LACOMBE
DISTRICTS/DRAINAGE: Urges and requests the Louisiana State Law Institute to study
and make recommendations relative to the feasibility of codifying certain cases
relative to R.S. 38:113
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study provisions of law, recent
3 certain court rulings, and the feasibility of codifying certain prevailing appellate and
4 supreme court cases that have interpreted R.S. 38:113, and to report its findings and
5 recommendations, along with specific proposed legislation, to the legislature.
6 WHEREAS, R.S. 38:113 provides for the control of drainage channels and outfall
7canals in levee and drainage districts; and
8 WHEREAS, numerous court cases have referred to such control over drainage
9channels and outfall canals as a "legal servitude"; and
10 WHEREAS, in recent cases, courts have held that R.S. 38:113 grants levee and
11drainage districts a legal servitude over drainage channels or outfall canals within its district,
12provided certain requirements are met; and
13 WHEREAS, recently, courts have additionally held that within the exercise of the
14legal servitude that R.S. 38:113 authorizes, the provision does not authorize the taking or
15damaging of property without just compensation or due process.
16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
17urge and request the Louisiana State Law Institute to study provisions of law, recent court
18rulings, and the feasibility of codifying certain prevailing appellate and supreme court cases
19that have interpreted R.S. 38:113, and to report its findings and recommendations, along
20with specific proposed legislation, to the legislature.
Page 1 of 3 HLS 22RS-4274 ORIGINAL
HCR NO. 114
1 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall study and
2consider Louisiana Attorney General Opinion No. 07-0085 (Apr. 24, 2007) and Louisiana
3Attorney General Opinion No. 14-0113 (Sept. 12, 2014), in addition to court cases including,
4but not limited to, the following:
5 (1) Terrebonne Par. Police Jury v. Matherne, 405 So. 2d 314, 317 (La. 1981).
6 (2) Whipp v. Bayou Plaquemine Brule Drainage Bd., 476 So. 2d 1042, 1044-45 (La.
7App. 3 Cir. 1985).
8 (3) Berard v. St. Martin Par. Gov't, 2013-114 (La. App. 3 Cir. 6/15/13), 115 So. 3d
9761. (La. Ct. App. 2013).
10 (4) Lavergne v. Lawtell Gravity Drainage Dist. No. 11, 562 So. 2d 1013, 1015-16
11(La. App. 3 Cir. 1990).
12 (5) Ortego v. First Am. Title Ins. Co., 569 So. 2d 101 (La. App. 4 Cir. 1990).
13 (6) Simmons v. Bd. of Comm'rs of Bossier Levee Dist., 624 So. 2d 935 (La. App.
142 Cir. 1993).
15 (7) Savoy v. Bayou Plaquemine & Wickoff Gravity Drainage Dist., 2009-0686 (La.
16App. 3 Cir. 12/9/09), 25 So. 3d 986, 988-89.
17 (8) Daray v. St. Tammany Par., 2008-2135 (La. App. 1 Cir. 10-9-09), writ denied,
182009-2312 (La. 12/18/09), 23 So. 3d 945, 2009 WL 3255174.
19 (9) Carbo v. City of Slidell, 2001-0170 (La. App. 1 Cir. 1/8/03), 844 So. 2d 1, 12,
20writ denied, 2003-0392 (La. 4/25/03), 844 So. 2d 1.
21 (10) Williams v. City of Baton Rouge, 98-1981 (La. 4/13/99), 731 So. 2d 240, 248.
22 (11) Justice v. Bourgeois, 288 So. 2d 106, 109 (La. App. 4 Cir. 1974).
23 (12) Grayson v. Commissioners of Bossier Levee Dist., 229 So. 2d 139, 144 (La.
24App. 2 Cir. 1969).
25 (13) West v. Hornsby, 2020-0871 (La. App. 1 Cir. 2/25/21).
26 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
27a written report of its findings and recommendations, along with specific proposed
28legislation, to the president of the Senate and the Speaker of the House of Representatives
29on or before January 1, 2023.
Page 2 of 3 HLS 22RS-4274 ORIGINAL
HCR NO. 114
1 BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
2director of the Louisiana State Law Institute.
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)]
HCR 114 Original 2022 Regular Session LaCombe
Urges and requests the La. State Law Institute to study provisions of law, court rulings, and
the feasibility of codifying certain prevailing appellate and supreme court cases that have
interpreted R.S. 38:113 and to report its findings and recommendations, along with specific
proposed legislation, to the legislature on or before Jan. 1, 2023.
Page 3 of 3