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 Engrossed 2024 Regular Session McFarland
Abstract: Provides for rights of owners of pipeline servitudes.
Present law provides that 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 specifies application to predial servitudes and personal servitudes of use.
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)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Make a technical change.
2. Remove the requirement that present law only applies to a servitude or right of way
obtained after August 1, 1970.
3. Remove the exception that proposed law applies regardless of the date the servitude was
obtained.
4. Specify that proposed law shall not affect the existing rights of any person under an
existing servitude.