Louisiana § RS 38:113 - Control of drainage channels and outfall canals in levee and drainage districts
Full text of Louisiana Louisiana Civil Code § RS 38:113 — Control of drainage channels and outfall canals in levee and drainage districts, with citation guidance and answers to common questions.
§ RS 38:113. 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.
Acts 1991, No. 309, §2; Acts 2025, No. 452, §2.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 38:113
What does Louisiana Civil Code § RS 38:113 cover?
Section RS 38:113 ("Control of drainage channels and outfall canals in levee and drainage districts") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 38:113?
A common citation format is "Louisiana Civil Code § RS 38:113" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 38:113 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.