§ 38:113 — Control of drainage channels and outfall canals in levee and drainage districts

Louisiana § 38:113

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§113. Control of drainage channels and outfall canals in levee and drainage districts
A. The various levee and drainage districts, and local governing bodies shall have
a legal servitude by which control is given to the local governing body or district over all
public drainage channels or outfall canals within the limits of their districts which are
selected by the district, and for a space of one hundred feet on both sides of the banks of such
channels or outfall canals, and one hundred feet continuing outward from the mouth of such
channels or outfall canals, whether the drainage channels or outfall canals have been
improved by the levee or drainage district, or have been adopted without improvement as
necessary parts of or extensions to improved drainage channels or outfall canals, and may
adopt rules and regulations for preserving the efficiency of the drainage channels or outfall
canals.
B. Property may not be taken or damaged by the districts or local governing bodies
pursuant to this Section, except for public purposes and with just compensation paid to the
owner.
C. The regulation or prohibition of drainage into a public system that is not
authorized by a natural servitude or other legal right shall not constitute a taking or damaging
of property.
D. The local governing authority or district shall be immune from damage to public
works projects by excessive, unlawful drainage into its system.

Legislative History

Acts 1991, No. 309, §2; Acts 2025, No. 452, §2.