SLS 24RS-656 ORIGINAL
2024 Regular Session
SENATE BILL NO. 391
BY SENATOR CARTER
CIVIL PROCEDURE. Provides relative to the use of public things and obstruction of public
use. (8/1/24)
1 AN ACT
2 To amend and reenact Civil Code Arts. 452, 458, and 3413, relative to the use of public
3 things and obstruction of public use; to provide relative to the right to fish; to provide
4 relative to the right to land; to provide for the inclusion of water bodies; to provide
5 for definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Arts. 452, 458, and 3413 are hereby amended and reenacted
8 to read as follows:
9 Art. 452. Public things and common things subject to public use.
10 Public things and common things are subject to public use in accordance with
11 applicable laws and regulations. Everyone has the right to fish in the rivers, ports,
12 roadsteads, and harbors, and in waters of the state accessible by a naturally
13 navigable water body, and the right to land on the seashore and banks, to fish, to
14 shelter himself, to moor ships, to dry nets, and the like, provided that he does not
15 cause injury to the property of adjoining owners.
16 The seashore within the limits of a municipality is subject to its police power,
17 and the public use is governed by municipal ordinances and regulations.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 391
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1 * * *
2 Art. 458. Works obstructing the public use.
3 Works built without lawful permit on public things, including the sea, the
4 seashore, and the bottom of natural navigable waters water bodies comprised of
5 running waters of the state, or on the banks of navigable rivers, that obstruct the
6 public use may be removed at the expense of the persons who built or own them at
7 the instance of the public authorities, or of any person residing in the state.
8 The owner of the works may not prevent their removal by alleging
9 prescription or possession.
10 * * *
11 Art. 3413. Wild animals, birds, fish, and shellfish
12 Wild animals, birds, fish, and shellfish in a state of natural liberty either
13 belong to the state in its capacity as a public person or are things without an owner.
14 The taking of possession of such things is governed by particular laws and
15 regulations.
16 The owner of a tract of land may forbid entry to anyone for purposes of
17 hunting or fishing, and the like, subject to the rights of the public to use public
18 things in accordance with Article 452. Nevertheless, despite a prohibition of entry,
19 captured wildlife belongs to the captor.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 391 Original 2024 Regular Session Carter
Present law (C.C. Art. 452) provides that public things and common things are subject to
public use in accordance with applicable laws and regulations.
Present law provides that everyone has the right to fish in the rivers, ports, roadsteads, and
harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry
nets, and the like, provided that he does not cause injury to the property of adjoining owners.
Proposed law retains present law and adds that everyone has the right to fish in the waters
of the state accessible by a naturally navigable water body, and the right to land on banks.
Present law (C.C. Art. 458) provides that works built without lawful permit on public things,
including the sea, the seashore, and the bottom of natural navigable waters, or on the banks
of navigable rivers, that obstruct the public use may be removed at the expense of the
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 391
SLS 24RS-656 ORIGINAL
persons who built or own them at the instance of the public authorities, or of any person
residing in the state.
Proposed law retains present law and clarifies that natural navigable waters include water
bodies comprised of running waters of the state.
Present law (C.C. Art. 3413) provides that wild animals, birds, fish, and shellfish in a state
of natural liberty either belong to the state in its capacity as a public person or are things
without an owner. The taking of possession of such things is governed by particular laws and
regulations.
Present law provides that the owner of a tract of land may forbid entry to anyone for
purposes of hunting or fishing, and the like.
Present law provides that despite a prohibition of entry, captured wildlife belongs to the
captor.
Proposed law retains present law and adds that the owner of a tract of land may forbid entry
to anyone for purposes of hunting or fishing, and the like, subject to the rights of the public
to use public things in accordance with present law.
Effective August 1, 2024.
(Amends C.C. Arts. 452, 458, and 3413)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.