Loading chat...

LA SB35

Bill

Status

Passed

6/4/2025

Primary Sponsor

Edward Price

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Amends Civil Code Articles 689-696 to revise rules for rights of passage over neighboring property for enclosed estates (properties without access to public roads), clarifying that owners must compensate neighbors and indemnify them for damages caused by exercising the right of passage

  • Removes utility servitudes from the Civil Code and relocates them to new R.S. 9:1281-1289, creating a separate statutory framework for utility access rights covering electricity, water, sewer, gas, telephone, cable, and communication networks

  • Establishes that passage routes must generally follow the shortest path that is least injurious to neighboring lands, with courts determining appropriate locations that do not significantly interfere with servient estate operations

  • Provides that enclosed estates created by voluntary alienation or judicial partition receive gratuitous (free) passage rights from the property owner who caused the enclosure, while other enclosed estates must compensate neighbors at fair market value

  • Repeals Civil Code Article 696.1 and specifies that compensation claims may become barred by prescription, but prescription does not affect the underlying right of passage or utility servitude itself

Legislative Description

Provides for legal servitudes. (8/1/25)

SERVITUDES

Last Action

Effective date 8/1/2025.

6/4/2025

Committee Referrals

Civil Law and Procedure5/5/2025
Judiciary A3/31/2025

Full Bill Text

No bill text available