The bill modifies current statutes by defining the boundaries of legal servitude over drainage channels more narrowly, allowing for a more manageable scope of control by levee districts. Additionally, it holds these districts liable for any damages caused to property owners by their maintenance activities, excluding trespass damages. This liability clause aims to offer some level of protection to property owners while still allowing districts the functionality needed to maintain essential drainage infrastructure.
Summary
House Bill 589 aims to amend existing regulations concerning the control of drainage channels and outfall canals by levee and drainage districts in Louisiana. The bill proposes modifications to the legal servitude established by these districts, which allows them to maintain and preserve public drainage channels. The proposed changes include a reduction of the control space from 100 feet to 50 feet on both sides of these channels and the requirement for districts to exercise their servitude in a manner that minimizes inconvenience to property owners affected by their work.
Sentiment
The general sentiment surrounding HB 589 appears to lean toward a recognition of the need for effective drainage management while balancing the rights of property owners. Supporters of the bill argue that these changes are necessary to streamline operations of drainage districts, thereby improving management efficiency and public safety. Conversely, some stakeholders may still express concerns about the potential impact on property rights and whether adequate measures are taken to ensure that property owners are protected from unforeseen damages.
Contention
Points of contention center around the reduction of the servitude area and the balance between efficient drainage management and property rights. Critics may voice concerns that a reduced servitude area could compromise the effectiveness of drainage systems, potentially leading to environmental issues or increased flooding in certain areas. Proponents argue that the changes are necessary for prioritizing property owner rights, while still ensuring that districts can effectively carry out their mandate to maintain drainage infrastructure.
Exempts certain activities performed by a levee district, a levee and drainage district, or a drainage district from the requirements for a coastal use permit. (8/1/20) (OR NO IMPACT See Note)