Louisiana Revised Statutes 38:27 – Damage claims
Terms Used In Louisiana Revised Statutes 38:27
- Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
No action may be brought against the state of Louisiana, its agencies, or its agents and employees for the recovery of damages caused by the partial or total failure of any dam or through the operation of any dam on the basis that such defendant or defendants are liable to the claimant because of the approval of the dam, or the approval of plans for flood handling during the period of construction, modification, removal, or the issuance or enforcement of orders relative to maintenance, repair, modification, removal, or operation of the dam, or the control and regulation of the dam, or the measures taken to protect against failure of the dam during an emergency.
Added by Acts 1981, No. 733, §1, eff. July 23, 1981; Acts 2022, No. 687, §1, eff. June 18, 2022.