House Bill No. by Representative Riser amends existing law regarding the tacit dedication of public roadways. The bill clarifies that once a roadway has been maintained by a parish or municipality for a period of four years or more, it is conclusively presumed to be public unless formally revoked. The new provisions state that any tacit dedication remains in effect until the local governing authority decides to revoke it, and any public works or improvements made within the right-of-way of such roads will also remain subject to public use. Additionally, the bill specifies that these tacitly dedicated roads cannot be sold privately by adjoining landowners.
The bill also introduces a process for the reversion of property used for right-of-way purposes when a local governing authority decides to dispose of it. In such cases, the property will revert to the original donor or their heirs, provided that the authority notifies them of the intention to revert the property. The provisions of this Act are intended to be remedial, procedural, and interpretive of existing law, allowing for both prospective and retroactive application.
Statutes affected: HB720 Original: 48:491(B)(1)