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2025 Regular Session
SENATE BILL NO. 35
BY SENATOR PRICE (On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SERVITUDES. Provides for legal servitudes. (8/1/25)
1 AN ACT
2 To amend and reenact Section 3 of Chapter 3 of Title IV of Book II of the Civil Code, to be
3 comprised of Civil Code Arts. 689 through 696, to enact Chapter 3 of Code Title IV
4 of Code Book II of Title 9 of the Louisiana Revised Statutes of 1950, to be
5 comprised of R.S. 9:1281 through 1289, and to repeal Civil Code Art. 696.1, relative
6 to legal servitudes; to provide for rights of passage; to provide for enclosed estates;
7 to provide for utility servitudes; to provide for constructions; to provide for location;
8 to provide for compensation; to provide for indemnification; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Section 3 of Chapter 3 of Title IV of Book II of the Civil Code, comprised
12 of Civil Codes Arts. 689 through 696, is hereby amended and reenacted to read as follows:
13 SECTION 3. RIGHT OF PASSAGE
14 Art. 689. Enclosed estate; right of passage
15 A. The owner of an estate that has no access to a public road or utility may
16 claim a right of passage over neighboring property to the nearest public road or
17 utility. He The owner is bound to compensate his the neighbor for the right of
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1 passage acquired and to indemnify his neighbor for the damage he may occasion.
2 New or additional maintenance burdens imposed upon the servient estate or
3 intervening lands resulting from the utility servitude shall be the responsibility of the
4 owner of the dominant estate.
5 B. The right to demand compensation from the owner of the enclosed
6 estate may become barred by prescription. The accrual of prescription has no
7 effect on the right of the passage due to the owner of the enclosed estate.
8 Revision Comments – 2025
9 (a) This revision does not change the law regarding the right of passage for
10 an enclosed estate. This Article expresses the default rule that when an estate has no
11 access to a public road, the owner of the enclosed estate must be provided a servitude
12 of passage to the nearest public road and the owner of the enclosed estate must
13 compensate the owner of the estate over which passage is obtained for that right of
14 passage.
15 (b) An estate has no access to a public road when the estate does not abut a
16 public road and have legal access to a public road. See Rockholt v. Keaty, 237 So.
17 2d 663, 667-68 (La. 1970). An estate that has access to a public road through, for
18 example, a servitude created by acquisitive prescription, destination of the owner,
19 or juridical act is not an enclosed estate.
20 (c) This revision clarifies that compensation is owed when a right of passage
21 is provided under this Article. Compensation for a right of passage is the fair market
22 value of the right of passage. See Hutchison v. Jackson, 399 So. 2d 1238, 1241 (La.
23 App. 3 Cir. 1981). This revision continues the rule previously stated in Article 696
24 that the right of an owner to demand compensation from the owner of an enclosed
25 estate may become barred by prescription, but the accrual of prescription does not
26 impact the owner of the enclosed estate's ability to claim or exercise a right of
27 passage.
28 (d) This revision continues to require the owner of an enclosed estate to
29 indemnify a neighbor over whose property passage is acquired for any damage
30 caused by the exercise of the servitude. The requirement to indemnify the neighbor
31 for any damage caused has been moved to Article 696 to clarify that indemnification
32 is required for a right of passage acquired under either Article 689 or Article 694.
33 (e) This revision removes the utility servitude from the enclosed estates
34 articles. The utility servitude is provided for in R.S. 9:1281 et seq.
35 Art. 690. Extent of passage
36 The right of passage for the benefit of an enclosed estate shall be suitable for
37 the kind of traffic or utility that is reasonably necessary for the use of that estate.
38 Revision Comments – 2025
39 (a) This revision does not change the law. It continues to require that the right
40 of passage for the benefit of an enclosed estate should be that which is reasonably
41 necessary for the enclosed estate based on its use.
42 (b) In determining what is reasonably necessary for the use of the enclosed
43 estate, consideration shall be given to the use of the enclosed estate at the time of
44 enclosure, the current use of the enclosed estate, any reasonably anticipated uses of
45 the enclosed estate, and other relevant facts. In many cases, a right of passage for
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1 vehicular traffic may be the type of passage that is reasonably necessary for the
2 enclosed estate, but this Article does not necessarily require that an enclosed estate
3 receive a right of passage for vehicular traffic.
4 Art. 691. Constructions
5 The owner of the enclosed estate may construct on the right-of-way the type
6 of road, utility, or railroad, or other works reasonably necessary for the exercise of
7 the servitude right of passage.
8 The utility crossing shall be constructed in compliance with all appropriate
9 and applicable federal and state standards so as to mitigate all hazards posed by the
10 passage and the particular conditions of the servient estate and intervening lands.
11 Revision Comments – 2025
12 (a) This revision does not change the law regarding the types of roads,
13 railroads, or other works that may be constructed.
14 (b)The utility servitude is provided for in R.S. 9:1281 et seq. and includes the
15 standard to which the utility crossing must be constructed.
16 Art. 692. Location of passage
17 The owner of the enclosed estate may not demand the location of the right
18 of passage or the right-of-way for the utility anywhere he that the owner chooses.
19 The passage generally shall be taken along the shortest route from the enclosed estate
20 to the public road or utility at the location generally shall be taken along the
21 shortest route that is the least injurious to the intervening lands.
22 The location of the utility right-of-way shall coincide with the location of the
23 servitude of passage unless an alternate location providing access to the nearest
24 utility is least injurious to the servient estate and intervening lands.
25 The court shall evaluate and determine that the location of the servitude of
26 passage or utility shall not affect the safety of the operations or significantly interfere
27 with the operations of the owner of the servient estate or intervening lands prior to
28 the granting of the servitude of passage or utility.
29 Revision Comments – 2025
30 (a) This revision does not change the law for the purpose of the location of
31 the right of passage.
32 (b) There is a general presumption that the shortest route is the route least
33 injurious to the servient estate. See Hardisty v. Young, 720 So. 2d 811 (La. App. 3
34 Cir. 1998); Mitcham v. Birdsong, 573 So. 2d 1294 (La. App. 2 Cir. 1991); Wells v.
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1 Anglade, 23 So. 2d 469, 472 (La. App. 1 Cir. 1945). The shortest route, however,
2 may not be the least injurious to the servient estate, in which case the court may
3 select an alternative location. In determining whether the shortest route is least
4 injurious, courts should consider facts such as whether the location of the right of
5 passage will interfere with the operations of the proposed servient estate, excessive
6 costs to either the dominant or the servient estate, conditions that may make the
7 shortest route impassable, or other factors. See, e.g., Inabnet v. Pipes, 241 So. 2d
8 595, 597–98 (La. App. 2 Cir. 1970); Pearson v. Theriot, 534 So. 2d 35, 37–38 (La.
9 App. 3 Cir. 1988); May v. Miller, 941 So. 2d 661, 669–70 (La. App. 3 Cir. 2006).
10 (c) In determining the location of the right of passage, this Article recognizes
11 that there may be multiple estates, or intervening lands, that could serve as the
12 servient estate, all of which may allow an equidistant passage to the public road. In
13 such a case, the court must determine which estate will be the servient estate and
14 where on that estate the passage will be located. In both instances, the court should
15 ensure that the shortest route that is the least injurious is selected.
16 (d) The selection of the location of the passage under this Article applies to
17 a right of passage created under Article 689. This Article does not apply to a right
18 of passage created under Article 694.
19 Art. 693. Enclosed estate; voluntary act.
20 If an estate becomes enclosed as a result of a voluntary act or omission of its
21 owner at the time of the enclosure, the neighbors are not bound to furnish a passage
22 to him or his the owner or the owner's successors.
23 Revision Comments – 2025
24 (a) This revision clarifies existing law. An estate that becomes enclosed
25 through the voluntary actions of that estate's owner at the time that the estate
26 becomes enclosed is not entitled to a right of passage under Article 689. See
27 Spotsville v. Herbert & Murrell, Inc., 698 So. 2d 31 (La. App. 3 Cir. 1997). The
28 owner of the enclosed estate may acquire a conventional servitude of passage
29 through a voluntary transaction with a neighboring owner, but the enclosed estate
30 owner is not entitled to claim a legal servitude of passage under Article 689.
31 (b) This Article applies only when the owner of the enclosed estate causes the
32 enclosure through his voluntary actions at the time of the enclosure. For example, if
33 an owner subdivides the property and retains the enclosed tract of land without
34 reserving a right of passage, the enclosed estate has become enclosed as a result of
35 the voluntary action of the owner and is not entitled to a right of passage under
36 Article 689. This Article does not apply when the enclosure is caused by the inaction
37 of the owner of the enclosed estate, such as when the enclosure is caused by the loss
38 of a servitude through prescription of nonuse. See LeBlanc v. Thibodeaux, 615 So.
39 2d 295 (La. 1993).
40 (c) This Article applies to the owner of the enclosed estate and the owner's
41 successors. Although some courts have interpreted the Article otherwise, the plain
42 language of Article 693 has always clearly stated that it applies to successors. See
43 Yiannopoulos, 4 La. Civ. L. Treatise, Predial Servitudes §5:23 (2013).
44 Art. 694. Enclosed estate; voluntary alienation or judicial partition
45 A. When in the case of judicial partition, or a voluntary alienation of an
46 estate or of a part thereof, property alienated or partitioned becomes enclosed,
47 passage shall be furnished gratuitously to the owner and the owner's successors
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1 even if the location of the passage is not the shortest route to the public road,
2 and even if the act of alienation or partition does not mention a right of passage.
3 B. In the case of judicial partition, passage shall be furnished by the
4 owner of the land on which the passage was previously exercised, even if it is not the
5 shortest route to the public road or utility, and even if the act of alienation or
6 partition does not mention a servitude of passage. In the case of a voluntary
7 alienation, passage shall be furnished on the estate whose owner caused the
8 enclosure.
9 Revision Comments – 2025
10 (a) This revision clarifies that when an estate is enclosed by judicial partition
11 or alienation, a gratuitous right of passage is owed to the owner of the enclosed estate
12 and the owner's successors. Prior jurisprudence was unclear whether a gratuitous
13 right of passage was always owed by the estate that caused the enclosure or only
14 when passage had clearly been exercised previously over the estate of the owner who
15 caused the enclosure. This revision clarifies that when an estate is enclosed due to
16 a judicial partition, passage should be provided where it was previously exercised,
17 but when an estate is enclosed due to a voluntary alienation, the estate of the owner
18 who caused the enclosure must furnish the passage. See Patin v. Richard, 291 So. 2d
19 879 (La. App. 3 Cir. 1974); Langevin v. Howard, 363 So. 2d 1209 (La. App. 2 Cir.
20 1978), writ denied, 366 So. 2d 560 (La. 1979); Petrovich v. Trabeau, 780 So. 2d
21 1258 (La. App. 4 Cir. 2001), writ denied, 793 So. 2d 1251 (La. 2001). See also
22 Yiannopoulos, 4 La. Civ. L. Treatise, Predial Servitudes §5:20 (2013).
23 (b) The rule that passage shall be furnished by the owner of the land on which
24 passage was previously exercised applies only to judicial partitions; it does not apply
25 to extrajudicial partitions. Prior law did not distinguish between judicial and
26 extrajudicial partitions. Accordingly, enclosed estates created through extrajudicial
27 partitions prior to this revision continue to be governed by prior law.
28 (c) This Article does not apply to a right of passage created under Article
29 689. Instead, Article 692 provides the rule for where a right of passage created under
30 Article 689 should be located.
31 (d) This revision is modeled in part after French Civil Code Article 684.
32 Art. 695. Relocation of servitude.
33 The owner of the enclosed estate has no right to the relocation of this the
34 servitude of passage after it is fixed. The owner of the servient estate has the right
35 to demand relocation of the servitude to a more convenient place at his own expense,
36 provided that it affords the same facility to the owner of the new location is equally
37 convenient to the enclosed estate.
38 Revision Comments – 2025
39 (a) This revision clarifies that in relocating the servitude, the owner of the
40 servient estate must ensure that the new location of the servitude is equally
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1 convenient for the owner of the enclosed estate.
2 (b) The requirement that the relocated servitude must be equally convenient
3 for the owner of the enclosed estate is similar to the requirement for the owner of a
4 servient estate to relocate a conventional predial servitude under Article 748. Unlike
5 under Article 748, however, in order for the owner of a servient estate to relocate a
6 legal predial servitude of passage under Article 689 et seq., the owner of the servient
7 estate need not show that the original location of the servitude is more burdensome
8 for him.
9 Art. 696. Prescriptibility of action for indemnity. Indemnity
10 A. The owner of an enclosed estate having a right of passage is bound to
11 indemnify the owner of the servient estate for any damage caused by the
12 exercise of the right of passage.
13 B. The right for to demand indemnity against the owner of the enclosed
14 estate may be lost become barred by prescription. The accrual of this prescription
15 has no effect on the right of passage.
16 Revision Comments – 2025
17 (a) This revision does not change the law. The requirement to indemnify
18 one's neighbor for any damage caused by the exercise of the right of passage was
19 previously located in Article 689 but has been moved to Article 696 to clarify that
20 the right for indemnification applies to all rights of passage acquired under this
21 Article, including rights of passage acquired under Articles 689 and 694.
22 (b) The indemnity required under Article 696 is for damage caused to the
23 servient estate due to the exercise of the servitude. See Yiannopoulos, 4 La. Civ. L.
24 Treatise, Predial Servitudes §5:15 (2013). Damages may be caused to the servient
25 estate in the construction of works built by the owner of the enclosed estate or the
26 owner's use of the servitude.
27 (c) Indemnification for damages is distinct from the compensation required
28 in Article 689. Whereas compensation under Article 689 is the fair market value of
29 the right of passage, the amount of the indemnity is fixed in light of the damage
30 occasioned to the servient estate. See, e.g., Dickerson v. Coon, 71 So. 3d 1135 (La.
31 App. 2 Cir. 2011) (discussing the removal of timber to build a right of passage);
32 Robertson v. Arledge, 328 So. 3d 551 (La. App. 2 Cir. 2021) (discussing the forced
33 relocation and replacement of deer stands). If the owner of the servient estate cannot
34 prove damage resulting from the exercise of the servitude, no indemnity may be
35 owed. See Altemus v. Boudreaux, 184 So. 3d 142 (La. App. 3 Cir. 2015).
36 Section 2. Chapter 3 of Code Title IV of Code Book II of Title 9 of the Louisiana
37 Revised Statutes of 1950, comprised of R.S. 9:1281 through 1289, is hereby enacted to read
38 as follows:
39 CHAPTER 3. UTILITY SERVITUDES
40 §1281. Definition
41 As used in this Chapter, a utility is a service, such as electricity, water,
42 sewer, gas, telephone, cable, and power and communication networks, of the
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1 kind commonly used in the operation of an ordinary household, whether the
2 service is provided to a household or business.
3 Revision Comments – 2025
4 (a) This revision does not change the law but simply relocates existing law
5 on utility servitudes from the Civil Code to the Revised Statutes. The only utilities
6 for which a servitude may be claimed under this Chapter are those of the nature
7 described in this Section. A utility of the nature described in this Section may,
8 however, be claimed for any type of dominant estate regardless of whether it is used
9 for residential, agricultural, or commercial purposes.
10 (b) The reference to an "ordinary household" does not mean that only an
11 estate on which an ordinary household is located is entitled to a utility servitude, nor
12 that the utility may be used only for household purposes.
13 §1282. Estate having no access to utility; utility servitude
14 A. The owner of an estate that has no access to a utility may claim a
15 utility servitude over neighboring property to the nearest utility. The owner of
16 the dominant estate is bound to compensate the neighbor for the utility
17 servitude acquired.
18 B. The right to demand compensation from the owner of the dominant
19 estate may become barred by prescription. The accrual of prescription has no
20 effect on the utility servitude due to the owner of the dominant estate.
21 Revision Comments – 2025
22 (a) A utility servitude is a predial servitude and regulated by application of
23 the rules governing predial servitudes to the extent that their application is
24 compatible with the rules governing a utility servitude.
25 (b) A utility servitude is based on the rules governing a right of passage for
26 an enclosed estate in Civil Code Article 689 et seq. To the extent applicable, the
27 Civil Code articles on enclosed estates and jurisprudence interpreting those articles
28 may be applied by analogy to a utility servitude.
29 §1283. Extent of the utility servitude
30 The utility servitude shall be limited to the rights reasonably necessary
31 to provide the utility to the dominant estate. The burden imposed on the
32 servient estate shall not be substantially different from that required to provide
33 the utility to an ordinary household.
34 Revision Comments – 2025
35 A utility servitude may be claimed regardless of whether the dominant estate
36 is used for residential, agricultural, or commercial purposes. The burden imposed
37 upon the servient estate in any case cannot, however, be substantially different from
38 the burden necessary to provide the utility to an ordinary household. See R.S.
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1 9:1281.
2 §1284. Necessary works
3 The owner of the dominant estate may construct on the location of the
4 utility servitude the works that are reasonably necessary for the exercise of the
5 servitude. The works shall be constructed, maintained, and operated in a
6 manner that reasonably minimizes hazards posed by the servitude.
7 Revision Comments – 2025
8 (a) This Section permits the owner of the dominant estate to construct upon
9 the servient estate the works that are reasonably necessary to the exercise of the
10 utility servitude. Because of the limitations imposed by R.S. 9:1281 and 1283,
11 however, those works cannot be substantially different from the works that would
12 be required to provide the utility to an ordinary household.
13 (b) This Section does not require the owner of the dominant estate to
14 construct the works on the servient estate. The owner may execute a juridical act
15 granting to a third person, such as a utility provider, the right to enter upon the
16 servient estate for the purpose of constructing or maintaining the necessary works,
17 but the juridical act may not grant the third person any rights greater than those
18 enjoyed by the owner of the dominant estate.
19 §1285. Location of the utility servitude
20 The owner of the dominant estate may not demand the location of the
21 utility servitude anywhere that the owner chooses. The location of the utility
22 servitude generally shall be taken along the shortest route that is the least
23 injurious to the servient estate and intervening lands.
24 Revision Comments – 2025
25 (a) In determining the extent to which a location is injurious to the servient
26 estate and intervening lands, consideration should be given to whether the location
27 causes a significant threat to the safety of the operations on the servient estate,
28 unreasonably interferes with the enjoyment of the servient estate, interferes with
29 natural or man-made impediments on the servient estate, or imposes unreasonable
30 costs on the owner of the dominant estate or the utility provider. Courts may also
31 consider whether it would be less injurious to the servient estate to place a utility
32 servitude at the location of other existing servitudes, including other utility
33 servitudes.
34 (b) In determining the location of the utility servitude, this Section recognizes
35 that there may be multiple estates, or intervening lands, that could serve as the
36 servient estate, all of which may allow an equidistant utility servitude to the public
37 road. In such a case, the court must determine which estate will be the servient estate
38 and where on that estate the servitude will be located. In both instances, the court
39 should ensure that the shortest route that is the least injurious is selected.
40 §1286. Voluntary loss of utility access
41 If an estate loses access to a utility as a result of a voluntary act of its
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1 owner, the neighbors are not bound to furnish a utility servitude to the owner
2 or the owner's successors.
3 Revision Comments – 2025
4 (a) The owner of an estate deprives himself of access to a utility only if the
5 estate had access to that utility at the time of the alienation that caused the estate to
6 lose access. Thus, the preclusion of this Section does not apply unless the utility
7 actually existed before the estate became enclosed, and the estate had access to the
8 utility at the time of the alienation.
9 (b) The utility servitude is based on the rules governing a right of passage for
10 an enclosed estate in Civil Code Article 689. An estate may, however, lose access
11 to a utility while having access to a public road. For this Section to apply, the estate
12 must lose access to a utility as a result of a voluntary act of its owner.
13 §1287. Voluntary alienation or partition
14 A. When in the case of judicial partition, or a voluntary alienation of an
15 estate or a part thereof, property alienated or partitioned loses access to a
16 utility, a utility servitude shall be furnished gratuitously to the owner and the
17 owner's successors even if it is not the location that otherwise would be selected
18 in accordance with R.S. 9:1285, and even if the act of alienation or partition
19 does not mention a utility servitude.
20 B. In the case of judicial partition, a utility servitude shall be furnished
21 by the owner of the land on which the utility servitude was previously exercised.
22 In the case of a voluntary alienation, a utility servitude shall be furnished on the
23 estate whose owner caused the enclosure.
24 Revision Comments – 2025
25 (a) Rules of statutory construction require that words used in the singular
26 number include the plural. See R.S. 1:7. An estate could lose access to a utility due
27 to a voluntary alienation of multiple estates or a partition involving multiple co-
28 owners, such that a utility servitude must be furnished gratuitously over multiple
29 estates whose owners caused the enclosure.
30 (b) The utility servitude is based on the rules governing a right of passage for
31 an enclosed estate in Civil Code Article 689. An estate may, however, lose access
32 to a utility while having access to a public road. For this Article to apply, the estate
33 must lose access to a utility as a result of a partition or alienation of the estate or a
34 part thereof.
35 §1288. Relocation of the utility servitude
36 The owner of the dominant estate has no right to the relocation of the
37 utility servitude after it is fixed. The owner of the servient estate has the right
38 to demand relocation of the utility servitude to a more convenient place at his
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1 own expense, provided that the new location is equally convenient to the
2 dominant estate.
3 §1289. Indemnity
4 A. The owner of a dominant estate having a utility servitude under this
5 Chapter is bound to indemnify the owner of the servient estate for any damage
6 caused by the exercise of the servitude.
7 B. The right to demand indemnity against the owner of the dominant
8 estate may become barred by prescription. The accrual of prescription has no
9 effect on the utility servitude.
10 Section 3. Civil Code Art. 696.1 is hereby repealed in its entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 35 Original 2025 Regular Session Price
Present law (C.C. Art. 689) provides that if an owner of an estate does not have access to a
public road or utility, the owner may claim a right of passage over a neighbor's property and
compensate and indemnify the neighbor.
Proposed law maintains present law for enclosed estates and a right of passage, moves
indemnification to Civil Code Article 696, and moves the utility servitude provisions to the
Revised Statutes.
Proposed law provides that the loss of the right to demand compensation by prescription
does not affect the right of passage due to the owner of an enclosed estate.
Present law (C.C. Art. 690) provides that the right of passage shall be suitable for the type
of traffic that is necessary for the use of the estate.
Proposed law maintains present law and moves the utility servitude provisions to the
Revised Statutes.
Present law (C.C. Art. 691) authorizes the construction of the type of work necessary for the
exercise of the right of passage.
Proposed law maintains present law and moves the utility servitude provisions to the
Revised Statutes.
Present law (C.C. Art. 692) provides that the location of the right of passage shall generally
be taken along the shortest route that is the least injurious to the intervening lands.
Proposed law reorganizes present law to clarify that although there is a presumption that the
shortest route is the least injurious, it may not be, in which case the court may select an
alternative location.
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Proposed law moves the utility servitude provisions to the Revised Statutes.
Present law (C.C. Art. 693) provides that if an estate becomes enclosed due to a voluntary
act of the owner, the neighbors are not required to provide passage.
Proposed law clarifies present law to provide that if an estate becomes enclosed due to a
voluntary act, although the neighbors are not required to provide passage, the owner may
acquire a conventional servitude of passage by transacting with the neighbors.
Present law (C.C. Art. 694) provides for gratuitous passage over the estate on which the
passage was previously exercised when alienated or partitioned property becomes enclosed.
Proposed law clarifies present law to highlight that a gratuitous right of passage is owed
where it previously existed when an estate is enclosed due to judicial partition or over the
estate that caused the enclosure if an estate is enclosed by voluntary alienation.
Present law (C.C. Art. 695) provides for the relocation of a right of passage to a more
convenient place.
Proposed law clarifies present law by providing that the relocation of the right of passage
by the servient estate must be equally convenient to the enclosed estate.
Present law (C.C. Art. 696) provides that the right to demand indemnity against the owner
of the enclosed estate may become barred by prescription.
Proposed law maintains present law and relocates present law contained in C.C. Art. 689
relative to the requirement to indemnify the neighbor for damage caused by the exercise of
the right of passage to ensure its application to all rights of passage.
Present law (C.C. Art. 696.1) provides for the definition of utility.
Proposed law repeals present law and relocates its substance to the Revised Statutes.
Proposed law (R.S. 9:1281) provides for the definition of utility as a service commonly used
in the operation of an ordinary household.
Proposed law (R.S. 9:1282) provides a utility servitude over neighboring property to the
owner of an estate that does not have access.
Proposed law further provides that the loss of the right to demand compensation by
prescription does not affect the right of passage due to the owner of an enclosed estate.
Proposed law (R.S. 9:1283) provides that the utility servitude is limited to what is reasonably
necessary to provide the utility.
Proposed law (R.S. 9:1284) authorizes the construction, and the maintenance thereof, of the
type of work necessary for the exercise of the utility servitude.
Proposed law (R.S. 9:1285) provides that the location of the utility servitude shall generally
be taken along the shortest route that is the least injurious to the intervening lands.
Proposed law (R.S. 9:1286) provides that if an estate loses access to a utility due to a
voluntary act of the owner, the neighbors are not required to provide a servitude.
Proposed law (R.S. 9:1287) provides that a gratuitous utility servitude is owed where it
previously existed when an estate is enclosed due to judicial partition or over the estate that
caused the enclosure if an estate is enclosed by voluntary alienation.
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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. 35
SLS 25RS-251 ORIGINAL
Proposed law (R.S. 9:1288) provides for the relocation of a utility servitude to a more
convenient place at the expense of the owner of the servient estate.
Proposed law (R.S. 9:1289) provides that indemnity is owed to the owner of the servient
estate for any damage caused by the exercise of the utility servitude. Proposed law also
provides that the right to demand indemnity against the owner of the enclosed estate may
become barred by prescription.
Effective August 1, 2025.
(Amends C.C. Arts. 689-696; adds R.S. 9:1281-1289; repeals C.C. Art. 696.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.