GREEN SHEET REDIGEST
HB 686 2024 Regular Session McFarland
PROPERTY/SERVITUDES: Provides relative to pipeline servitudes.
DIGEST
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 is 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 may 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.
The House Floor Amendments to the engrossed bill:
1. Make technical changes to insert present law.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Make technical changes.
2. Provides that greater limitations on the use of property may be reflected by a plat
or sketch delineating the physical boundaries of such limitations, but are not
required.
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Prepared by Hanna Gettys.