ENERGY/PIPELINES: Provides relative to pipeline servitudes

HLS 26RS-1227 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 731
BY REPRESENTATIVE JACOB LANDRY
ENERGY/PIPELINES: Provides relative to pipeline servitudes
1 AN ACT
2 To enact R.S. 30:554.1, relative to conventional pipeline servitudes; to provide definitions;
3 to provide for obligations created by conventional pipeline servitudes; to prohibit the
4 application of implied obligations; to provide for prospective and retroactive
5 application; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 30:554.1 is hereby enacted to read as follows:
8 §554.1. No implied obligations for pipeline servitudes covered by contract
9 A. Definitions. For purposes of this Section:
10 (1) "Pipeline" means any pipeline, gathering line, transmission line,
11 distribution line, or associated appurtenance, whether onshore or offshore, used or
12 intended for the transportation, injection, sequestration, storage, or movement of any
13 gaseous, liquid, supercritical, or multiphase substance, including but not limited to:
14 (a) Natural gas, methane, hydrogen, carbon dioxide.
15 (b) Crude oil, refined petroleum products, natural gas liquids.
16 (c) Produced water, brine, or other substances regulated by state or federal
17 law.
18 (2) "Pipeline operator" means any person or entity that owns, operates,
19 maintains, or controls a pipeline.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1227 ORIGINAL
HB NO. 731
1 B. Regulation of servitude by contract. Notwithstanding Civil Code Article
2 645 or any other provision of law to the contrary, when a right of use for a pipeline
3 is created by a conventional obligation, the laws contained in Title III of Book II of
4 the Civil Code (Personal Servitudes) and Title IV of Book II of the Civil Code
5 (Predial Servitude) cannot impose on the pipeline operator any affirmative duty that
6 is not expressly stated in the contract.
7 Section 2. The provisions of this Act are intended to be interpretive of the original
8 intent of existing law and shall not be interpreted as a substantive change in the law. The
9 provisions of this Act shall be given prospective and retroactive application and shall apply
10 to all claims and causes of action that have not been resolved by settlement or judicial award
11 on or before the effective date of this Act.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 731 Original 2026 Regular Session Jacob Landry
Abstract: Clarifies that conventional pipeline servitudes are governed by the terms of the
contract and that implied legal obligations are not applicable.
Proposed law provides definitions for "pipeline" and "pipeline operator".
Proposed law requires that the terms of a contract govern conventional pipeline servitudes
and that implied legal obligations for usufruct and predial servitudes cannot be imposed on
a pipeline operator.
Provides that the provisions of the Act are to be applied prospectively and retroactively and
to any claim or cause of action not resolved by settlement or judicial award before the
effective date of the Act.
(Adds R.S. 30:554.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.