The bill amends Louisiana law regarding legal servitudes, specifically focusing on rights of passage for enclosed estates and utility servitudes. It establishes that owners of enclosed estates without access to public roads can claim a right of passage over neighboring properties, with the requirement to compensate the neighbor for this right. Additionally, it introduces provisions for utility servitudes, allowing owners of estates lacking utility access to claim a servitude over neighboring properties to reach the nearest utility, also with compensation mandated for the neighbor. The bill clarifies that the right to demand compensation for both passage and utility servitudes may be barred by prescription, but this does not affect the servitude rights themselves.
Furthermore, the bill includes several key insertions regarding utility servitudes, such as the obligation for the dominant estate owner to compensate the neighbor and the limitation of the servitude to rights reasonably necessary for utility access. It also allows the dominant estate owner to construct necessary works on the servient estate while minimizing hazards. The bill emphasizes that utility servitudes should follow the shortest and least injurious route and stipulates that if an estate loses utility access due to the owner's voluntary actions, neighbors are not required to provide a servitude. However, in cases of judicial partition or voluntary alienation leading to lost access, a gratuitous utility servitude must be granted. Additionally, the bill mandates indemnification for any damages caused by the exercise of the servitude and repeals Civil Code Article 696.1 entirely.