Senate Bill No. by Senator Price seeks to amend and reenact provisions related to legal servitudes in Louisiana, focusing on rights of passage for enclosed estates and utility servitudes. The bill introduces new legal language that clarifies property owners' rights and responsibilities regarding access to public roads and utilities. It establishes that owners of enclosed estates without access to public roads can claim a right of passage over neighboring properties, with the obligation to compensate the neighbor. Additionally, the bill specifies that the right to demand compensation may be barred by prescription, but this does not affect the right of passage itself.
The bill also creates a new chapter in the Louisiana Revised Statutes concerning utility servitudes, defining utilities and outlining the process for claiming a utility servitude when an estate lacks access to such services. Key insertions include definitions and stipulations regarding the extent and location of utility servitudes, which must be limited to what is reasonably necessary for providing utility services. The bill clarifies that if an estate loses access to a utility due to a voluntary act of its owner, neighbors are not obligated to provide a utility servitude. Furthermore, it outlines the responsibilities of the dominant estate owner, including indemnifying the servient estate owner for damages caused by the utility servitude. The bill is set to take effect on August 1, 2025.