§ 38:215.1 — Public drainage; refusal of access for maintenance purposes; court costs and attorney fees; definitions

Louisiana § 38:215.1

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

Text

A. No landowner shall refuse to grant reasonable surface access to any existing natural or artificial public drainage by a local governing authority, drainage district, or other public entity charged with maintaining the public drainage when such access is within the normal course of the entity's duties and written notice has been given to the landowner at least thirty days prior to the commencement of any maintenance activities on the property. The landowner shall also be given an opportunity for a public hearing, held before the municipal drainage authority, parish drainage district, or public works district for the city where the landowner's property is located, subject to the judicial review rights under the Administrative Procedure Act.
B. In any action in a court of competent jurisdiction where the court is required to determine the right of access to the public drainage pursuant to this Section, the prevailing party shall be entitled to an award of court costs and attorney fees incurred by the prevailing party.
C. For purposes of this Section, "public drainage" means any existing natural or artificial drainage ditch, drain, culvert, canal, creek, bayou, or small river.
D. For purposes of this Section, "reasonable surface access" means the utilization of existing ingress and egress points on a landowner's property so as not to disrupt the activities of the landowner or cause damage to the property.

Legislative History

Acts 2014, No. 241, §1.