HLS 24RS-973 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 686
BY REPRESENTATIVE MCFARLAND
PROPERTY/SERVITUDES: Provides relative to pipeline servitudes
1 AN ACT
2To amend and reenact Civil Code Article 642 and R.S. 9:2726, relative to pipeline
3 servitudes; to provide for rights of predial and personal servitudes; to provide for the
4 extent of pipeline servitude or right of way; to provide for limitations on use of
5 servitudes; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Article 642 is hereby amended and reenacted to read as
8follows:
9 Art. 642. Extent of the Servitude
10 A right of use includes the rights contemplated or necessary to enjoyment at
11 the time of its creation as well as rights that may later become necessary, provided
12 that, for both situations, a greater burden is not imposed on the property. This article
13 applies unless otherwise stipulated in the title and to the extent it is consistent with
14 other law.
15 Section 2. R.S. 9:2726 is hereby amended and reenacted to read as follows:
16 ยง2726. Attachment and recordation of plats; definitions; penalty
17 A. Each person obtaining a predial servitude or personal servitude of use or
18 right of way across or upon private property where the servitude or right of way is
19 obtained for the installation of a facility, or facilities, shall attach to the servitude or
20 right of way agreement a plat, sketch or aerial photograph showing the approximate
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HB NO. 686
1 location of the servitude or right of way and the instrument and plat, sketch or aerial
2 photograph shall be recorded in the conveyance records of the parish in which the
3 private property is situated.
4 B. Unless otherwise expressly stipulated by title, the extent of a pipeline
5 servitude or right of way shall be limited to the physical space in which the pipeline
6 rests and the surface area and space necessary to undertake the activity expressly
7 contemplated by the pipeline servitude or right of way. Greater limitations on the
8 use of the property must be reflected by a plat or sketch delineating the physical
9 boundaries of such limitations.
10 B. C. "Person" as used in this section shall include natural persons,
11 municipalities and parishes and other political subdivisions and agencies and
12 departments thereof, and persons, companies or corporations operating private or
13 public pipelines or private or public utilities.
14 C. D. "Facilities" as used in this section include waterways and drainage
15 canals and underground, surface and overhead pipelines, sewerage lines, utility lines
16 and electric power lines.
17 D. E. This section shall not apply to any of the following:
18 (1) public Public utility servitudes established in a subdivision by the
19 subdivider;.
20 (2) service Service drop wires.
21 E. F. Failure to record the instrument and plat, sketch or aerial photograph
22 herein required shall render the servitude or right of way agreement ineffective
23 except as between grantor and grantee, their heirs, successors and assigns.
24 F. G. This section Section shall apply only to a servitude or right of way
25 obtained after August 1, 1970, except as to Subsection B of this Section, which shall
26 apply to all servitudes or rights of way regardless of date obtained.
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are additions. HLS 24RS-973 ORIGINAL
HB NO. 686
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 686 Original 2024 Regular Session McFarland
Abstract: Provides for rights of owners of pipeline servitudes.
Present law provides the extent of a servitude includes a right of use to enjoyment at creation
and rights that might later become necessary as long as there is no greater burden on the
property.
Present law specifies requirements for a servitude or right of way obtained for the
installation of facility. Requires the person obtaining the servitude or right of way attach a
plat, sketch, or aerial photograph identifying the location.
Proposed law clarifies language in the La. Civil Code.
Proposed law provides that the extent of a pipeline servitude or right of way shall be limited
to the physical space in which the pipeline rests and the surface area and space necessary to
undertake the activity expressly contemplated by the pipeline servitude or right of way.
Provides that proposed law applies to all servitudes or rights of way.
Proposed law provides that limitations on the use of such property must be reflected by a plat
or sketch delineating physical boundaries.
(Amends C. C. Art. 642 and R.S. 9:2726; Adds R.S. 9:2726)
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are additions.