reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2717.2. Legal representative consent in contracts between a minor and an interactive computer service

RS 9:2717.2 - Legal representative consent in contracts between a minor and an interactive computer service
A.(1) No interactive computer service shall enter into a contract or other agreement, including the creation of an online account, with a minor without obtaining the consent of the legal representative of the minor.
(2) The interactive computer service may rely on the consent of the legal representative of the minor to enter into a contract or agreement, including the creation of an online account, with a minor unless the interactive computer service knows or reasonably should know that the legal representative is no longer authorized to represent the minor.
B. Any contract or agreement entered into between a minor and an interactive computer service without the consent of the legal representative of the minor shall be a relative nullity.
C. Nothing in this Section shall bar the use of third parties to obtain the consent of the legal representative, including the consent of the legal representative as to multiple minors and multiple interactive computer services.
D. This Section applies only to minors who are domiciled in this state as provided by Civil Code Article 41.
E. Nothing in this Section shall supersede or modify the provisions relative to contracts made pursuant to Civil Code Article 1923.
F. For the purposes of this Section:
(1) "Account" means any website, application, or similar electronic means by which users are able to create and share information, ideas, personal messages, and other content, including texts, photos, and videos, or to participate in social networking, gaming, or a similar online service.
(2) "Consent" means having the written authority of a legal representative of a minor to permit the minor to enter into a contract or other agreement with the interactive computer service.
(3) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(4) "Legal representative" means any of the following:
(a) A parent with legal authority over a minor.
(b) The tutor of the minor as confirmed or appointed by the court.
(5) "Minor" means any person under the age of eighteen who is not emancipated.
Acts 2023, No. 440, §1, eff. Aug. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2718. Purpose and intent

RS 9:2718 - Purpose and intent
The purpose and intent of this Part is to regulate gestational surrogacy agreements. The legislature has been guided by, among other things, the best interest of the children who are born as a result of gestational surrogacy. The legislature finds that it is desirable to assure that the intended parents of every child born through the use of assisted reproductive technology be legal and biological parents of the child. Accordingly, in regulating gestational surrogacy agreements by means of this Part, the legislature has restricted the range of enforceable gestational surrogacy agreements to those in which the parties who engage the gestational surrogate not only are married to each other, but also create the child using only their own gametes. These compelling state interests justify provisions for filiation to be recognized by a court upon proof that the child is genetically related to both parents, so that the intended parents can bypass the current need to go through extended proceedings to adopt their own child.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2718.1. Definition of terms

RS 9:2718.1 - Definition of terms
As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section unless otherwise provided for or unless the context otherwise indicates:
(1) "Compensation" means a payment of money, objects, services, or anything else having monetary value. Compensation shall not include reimbursement of actual expenses, as provided for in R.S. 9:2720.5(B)(3), to the gestational carrier or payment for goods or services incurred by the intended parents as a result of the pregnancy and that would not have been incurred but for the pregnancy.
(2) "Gamete" means either a sperm or an egg.
(3) "Genetic gestational carrier" means the process by which a woman attempts to carry and give birth to a child using her own gametes and either the gametes of a person who intends to parent the child or donor gametes, when there is an agreement to relinquish the custody of and all rights and obligations to the child.
(4) "Gestational carrier" means a woman who agrees to engage in a process by which she attempts to carry and give birth to a child born as a result of an in utero transfer of a human embryo to which she makes no genetic contribution.
(5) "In utero embryo transfer" means the medical procedure whereby the genetic mother's egg is fertilized with the sperm of the genetic father, with the resulting embryo transferred into the uterus of the gestational carrier.
(6) "Intended parents" means a married couple who each exclusively contribute their own gametes to create their embryo and who enter into an enforceable gestational carrier contract, as defined in this Chapter, with a gestational carrier pursuant to which the intended parents will be the legal parents of the child resulting from an in utero embryo transfer.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720. Enforceability of gestational carrier contract

RS 9:2720 - Enforceability of gestational carrier contract
A. In accordance with the requirements of this Part, an agreement to be known as a gestational carrier contract is enforceable only if it is in writing and signed by the gestational carrier, her spouse if she is married, and both of the intended parents.
B. A gestational carrier contract is enforceable only if approved by a court in advance of in utero embryo transfer, and is in accordance with all of the requirements of this Part.
C. No person shall enter into a gestational carrier contract for compensation as defined in R.S. 9:2718.1 or that is not in compliance with all of the requirements of this Part. Any such contract executed in the state of Louisiana or any other state shall be absolutely null and unenforceable in the state of Louisiana as contrary to public policy.
D. No person shall enter into a gestational carrier contract that requires the gestational carrier to consent to terminate a pregnancy resulting from in utero embryo transfer for any reason, including a prenatal diagnosis of an actual or potential disability, impairment, genetic variation, or any other health condition or a discrimination based on gender, or for the purposes of the reduction of multiple fetuses. Any such provision in a contract executed in the state of Louisiana or any other state shall be absolutely null and unenforceable in the state of Louisiana as contrary to public policy.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.1. Parties to a gestational carrier contract

RS 9:2720.1 - Parties to a gestational carrier contract
A gestational carrier shall, at the time the gestational carrier contract is executed:
(1) Be at least twenty-five years of age, and no older than thirty-five years of age.
(2) Have given birth to at least one child.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.2. Contractual requirements

RS 9:2720.2 - Contractual requirements
A. In an enforceable gestational carrier contract, the gestational carrier shall do all of the following:
(1) Agree to become pregnant by means of in utero embryo transfer, using the gametes of the intended parents, and to give birth to the resulting child.
(2) Agree to reasonable medical evaluation and treatment during the term of the pregnancy, to adhere to reasonable medical instructions about prenatal health, and to execute medical records releases under R.S. 40:1165.1 in favor of the intended parents.
(3) Certify that prior to executing the gestational carrier contract she has undergone at least two counseling sessions, separated by at least thirty days, with a licensed clinical social worker, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed counselor, to discuss the proposed gestational carrier.
(4) Certify, along with her spouse if she is married, that she will relinquish all rights and duties as the parents of a child born as a result of in utero embryo transfer.
(5) Agree to attend a minimum of one post-birth counseling session within six months of the birth of the child.
B. In an enforceable gestational carrier contract, the intended parents shall certify in writing that they do all of the following:
(1) Acknowledge that the gestational carrier has sole authority with respect to medical decision-making during the term of the pregnancy consistent with the rights of a pregnant woman carrying her own biological child.
(2) Agree to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child's birth, regardless of any impairment of the child.
(3) Agree to be recognized as the legal parents of the child.
(4) Have a valid will or succession plan establishing custody of the child should both intended parents predecease the birth of the child.
C. The gestational carrier contract shall include a preliminary estimate of anticipated expenses and their allocation in accordance with R.S. 9:2720.5.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.3. Proceeding to approve gestational carrier contract

RS 9:2720.3 - Proceeding to approve gestational carrier contract
A. Prior to in utero embryo transfer, the intended parents or the gestational carrier and her spouse, if she is married, may initiate a summary proceeding in the court exercising jurisdiction over the adoption of minors where the intended parents or the gestational carrier reside, seeking to have the court approve a gestational carrier contract.
B. A proceeding to approve a gestational carrier contract shall be maintained only if all of the following occur:
(1) The gestational carrier and each of the intended parents have been domiciled in this state for at least one hundred eighty days.
(2) The intended parents, the gestational carrier, and her spouse, if she is married, are all parties to the proceeding.
(3) A copy of the proposed gestational carrier contract is attached to the motion.
(4) An independent board-certified physician in obstetrics and gynecology or in reproductive endocrinology, who has medically treated the intended mother over a period of time such that the physician is competent to reach medical conclusions about the intended mother's medical condition and submits a signed affidavit certifying that in utero embryo transfer with a gestational carrier is medically necessary to assist in reproduction.
(5) For purposes of this Section, "medically necessary" means that the intended mother has been diagnosed to be infertile, or to have a physical condition such that a pregnancy would create serious risk of death or substantial and irreversible impairment of a major bodily function beyond the risk customary to pregnancy and child birth.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.4. Institution of records check

RS 9:2720.4 - Institution of records check
A. Upon the initiation of the summary proceeding, the court shall do all of the following:
(1) Order and be entitled to the criminal history record and identification files of the Louisiana Bureau of Criminal Identification and Information on each of the intended parents and the gestational carrier and her spouse, if she is married, as a means of performing background checks on those individuals. The bureau shall, upon request and after receipt of fingerprint cards and other identifying information from the court, make available to the court information contained in the bureau's criminal history record and identification files, which pertains to each of the intended parents and the gestational carrier and her spouse, if she is married. In addition, in order to determine an applicant's suitability, the fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation for a national criminal history record check. The bureau shall charge a processing fee as provided in R.S. 15:587(B)(1).
(2) Order that the Department of Children and Family Services conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the intended parents and the gestational carrier and her spouse, if she is married, has been domiciled since becoming a major.
(3) Order that the judicial administrator's office of the Louisiana Supreme Court conduct a records check for court orders entered into the Louisiana Protective Order Registry involving each of the intended parents and the gestational carrier and her spouse, if she is married.
B. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each subject of the check.
C. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, the Department of Children and Family Services, in accordance with the applicable rules and regulations promulgated by the department, and the judicial administrator's office of the Louisiana Supreme Court shall accord priority to these orders and shall provide a certificate to the court indicating all information discovered, or that no information has been found.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.5. Order Preceding Embryo Transfer

RS 9:2720.5 - Order Preceding Embryo Transfer
A. Within sixty days of the initiation of a proceeding to approve a gestational carrier contract, the court shall set the matter for hearing, and after the hearing may issue an order, known as the Order Preceding Embryo Transfer, approving the gestational carrier contract and declaring that the intended parents shall be recognized as the legal parents of a child born pursuant to the gestational carrier contract.
B. The court shall issue an Order Preceding Embryo Transfer upon finding that all of the following have occurred:
(1) The requirements of R.S. 9:2720-2720.3 have been satisfied and the reports of criminal records, validated complaints of child abuse or neglect, and Louisiana Protective Order Registry checks show that there is no risk of harm to the child or the gestational carrier.
(2) Provisions have been made for all reasonable healthcare and legal expenses associated with the gestational carrier contract until the birth of the child, including responsibility for those expenses if the contract is terminated.
(3) The gestational carrier will receive no compensation other than:
(a) Actual medical expenses, including hospital, testing, nursing, midwifery, pharmaceutical, travel, or other similar expenses, incurred by the gestational carrier for prenatal care and those medical and hospital expenses incurred incident to the birth.
(b) Actual expenses incurred for mental health counseling services provided to the gestational carrier prior to the birth and up to six months after birth.
(c) Actual lost wages of the gestational carrier, not covered under a disability insurance policy, when bed rest has been prescribed for the gestational carrier for some maternal or fetal complication of pregnancy and the gestational carrier, who is employed, is unable to work during the prescribed period of bed rest.
(d) Actual travel costs related to the pregnancy and delivery, court costs, and attorney fees incurred by the gestational carrier.
(e) Payment of a judicially sanctioned settlement or judgment rendered in favor of the gestational carrier or her heirs as a result of her death, loss of reproductive organs or capability, or any other health complication caused by the in utero embryo transfer, pregnancy or resulting childbirth, miscarriage, or termination of pregnancy.
(4) The parties understand the contract and freely give consent.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.6. Multiple embryo transfer attempts

RS 9:2720.6 - Multiple embryo transfer attempts
If there are multiple attempts at in utero embryo transfer, the gestational carrier contract and the Order Preceding Embryo Transfer shall continue in full force and effect in accordance with the parties' agreement until terminated under R.S. 9:2720.9 or 2720.11, or until a live birth occurs pursuant to the gestational carrier contract.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.7. Confidentiality

RS 9:2720.7 - Confidentiality
All proceedings governed by this Chapter shall be heard by the judge in chambers or in a closed hearing, and no one shall be admitted to the hearings except the parties in interest, their attorneys, and officers of the court. The court, in its discretion, may grant the request of a petitioner to permit others to be present at the hearing. The court records of these proceedings and the identities of the parties to a gestational carrier contract shall be sealed and are subject to disclosure, release, or inspection only upon application to the court and in conformity with the applicable requirements of confidentiality applicable to adoptions in the Children's Code.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.8. Continuing and exclusive jurisdiction

RS 9:2720.8 - Continuing and exclusive jurisdiction
Subject to the jurisdictional requirements of the Uniform Child Custody Jurisdiction and Enforcement Act, the court having jurisdiction over the proceeding to approve a gestational carrier contract pursuant to this Part shall have exclusive, continuing jurisdiction of all matters arising out of the gestational carrier contract.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.9. Termination of contract by notice

RS 9:2720.9 - Termination of contract by notice
A. Before each in utero embryo transfer, the gestational carrier or either of the intended parents may terminate the gestational carrier contract by filing a motion with the court giving notice of termination and serving all other parties with the motion. Upon filing of the motion, the court shall issue an order vacating the Order Preceding Embryo Transfer.
B. Neither a gestational carrier nor her spouse, if she is married, is liable to the intended parents for terminating a gestational carrier contract pursuant to this Section.
C. Absent timely notice of termination by an intended parent or the gestational carrier, no court shall terminate an enforceable gestational carrier contract after issuance of a valid Order Preceding Embryo Transfer except for good cause shown after a hearing. No court shall terminate a gestational carrier contract after a successful in utero embryo transfer.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.10. Remedies

RS 9:2720.10 - Remedies
After in utero embryo transfer, a failure to perform under the gestational carrier contract does not give rise to the right to dissolution. The parties' rights and responsibilities are otherwise governed by the rules of the Titles on Obligations in General and Conventional Obligations or Contracts.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.11. Termination of contract and effects of divorce, nullity, and death

RS 9:2720.11 - Termination of contract and effects of divorce, nullity, and death
A judgment of divorce or judicial declaration of nullity of a marriage between the intended parents, entered before in utero embryo transfer, terminates the gestational carrier contract. Upon the filing of a motion notifying the court of the judgment of divorce or declaration of nullity, the court shall issue an order vacating the Order Preceding Embryo Transfer. If an intended parent dies before in utero embryo transfer, the deceased individual is not a parent of the resulting child unless the child was born within three years of the death of the decedent and the deceased agreed in writing that if the in utero embryo transfer were to occur after death, the deceased individual would be a parent of the child and that the child would have all rights, including the capacity to inherit from the decedent.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.12. Effect of subsequent marriage

RS 9:2720.12 - Effect of subsequent marriage
After the issuance of an Order Preceding Embryo Transfer, subsequent marriage of the gestational carrier does not affect the validity of a gestational carrier contract. The consent of the spouse is not required, and he is not a presumed father of the resulting child, notwithstanding any legal presumption to the contrary.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.13. Post-Birth Order

RS 9:2720.13 - Post-Birth Order
A. Upon birth of a child to a gestational carrier within three hundred days after in utero embryo transfer, the intended parents or their successors, the gestational carrier, or her spouse shall file a motion requesting issuance of a Post-Birth Order. The motion shall be accompanied by a certified copy of the child's original birth certificate and an affidavit executed by the intended parents containing an accounting of fees and charges paid or agreed to be paid by or on behalf of the intended parents in connection with the gestational carrier contract. The motion shall also be accompanied by verification from the physician that performed the in utero embryo transfer for the intended parents into the gestational carrier that the gestational carrier was not pregnant at the time of the transfer and the transfer resulted in a pregnancy.
B. The court may order a hearing and, after finding that the parties have complied with this Part, shall issue a Post-Birth Order:
(1) Confirming that the intended parents are the legal parents of the child and are financially responsible for the child.
(2) If necessary, ordering that the child be surrendered to the intended parents.
(3) Directing that a new birth certificate be created and that the intended parents be listed on the birth certificate as the parents of the child pursuant to R.S. 40:32 et seq., and that the original birth certificate be sealed and subject to release or inspection only upon application to the court for good cause shown.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.14. DNA testing

RS 9:2720.14 - DNA testing
If the child is alleged not to be the child of the intended parents, supported by a sworn affidavit alleging specific facts which either tend to prove or deny filiation, the court shall order genetic testing to determine the parentage of the child. If the court finds after a contradictory hearing that the child is the genetic child of the gestational carrier, the court shall issue an order recognizing her as a legal parent of the child. If any party refuses to submit to such tests, the court may resolve the question of filiation against such party or enforce its order if the rights of others and the interests of justice so require.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2720.15. Finality; time limitations

RS 9:2720.15 - Finality; time limitations
A. A party to the gestational carrier contract may bring an action to annul a Post-Birth Order. However, except as otherwise provided in this Part, no action to annul a Post-Birth Order may be brought except on the grounds of fraud or duress.
B. An action to annul a Post-Birth Order based upon a claim of fraud or duress perpetrated by:
(1) Anyone other than an intended parent shall be brought within one year from the date of the signing of the final decree or mailing of the notice of the judgment when required.
(2) An intended parent shall be brought within two years from the date of the signing of the final decree or mailing of the notice of the judgment when required.
Acts 2016, No. 494, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2721. Filing in office of parish recorder

RS 9:2721 - Filing in office of parish recorder
A. An act of conveyance of immovable property or attachment thereto filed for registry in the office of the parish recorder shall designate the name of the person responsible for all property taxes and assessments and include the address where property tax and assessment notices are to be mailed. The person responsible for the taxes and assessments of the immovable being transferred shall provide the above information to the tax assessor for the parish in which the immovable property is located for the purpose of issuing tax and assessment notices.
B. Anyone who acquires immovable property in this state, whether by sale, sheriff's sale, giving in payment, or in any other manner, which property is subject to a recorded lease agreement that is not divested by the acquisition, shall take the property subject to all of the provisions of the lease, including any provision for the payment of a commission to a leasing agent or other third party, provided that the lease was recorded prior to the recordation of the document which establishes the rights of the person who acquires the property. Such document shall include but is not limited to a mortgage, option to purchase, or other writing.
Acts 1950, 2nd Ex.Sess., No. 7, §1; Acts 1992, No. 974, §1; Acts 1999, No. 949, §1; Acts 2005, No. 169, §8, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2016, No. 227, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2723. Operation

RS 9:2723 - Operation
This Chapter is remedial, and is for the benefit of all such third persons or third parties heretofore as well as those hereafter dealing with immovables or real or personal rights therein on the faith of the public records.
Acts 1950, 2nd Ex.Sess., No. 7, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2724. Liens or privileges not dependent upon recordation for existence or priority

RS 9:2724 - Liens or privileges not dependent upon recordation for existence or priority
This Chapter shall not derogate from or otherwise affect the existence or priority of any lien or privilege which, under existing law, is not dependent upon recordation for its existence or priority.
Acts 1950, 2nd Ex.Sess., No. 7, §4.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2725. Certificates of redemption under Federal Tax Lien Act; filing and recording

RS 9:2725 - Certificates of redemption under Federal Tax Lien Act; filing and recording
A. Certificates of redemption under the Federal Tax Lien Act of 1966 (Public Law 89-719 of the United States, Title I, Section 109, Title 26, Section 7425 of the United States Code,1 as it may from time to time be amended), executed by the secretary of the treasury of the United States or his delegate, certifying the redemption by the United States of real or immovable property on which the United States has or claims a lien for taxes, or a title derived from the enforcement of a lien for taxes, which real or immovable property had been sold pursuant to an instrument creating a lien on such property, pursuant to a confession of judgment on the obligation secured by such an instrument, or pursuant to a nonjudicial sale under a statutory lien on such property, may be filed for record in the office of the register of conveyances of the parish in this state in which such real or immovable property is situated, and, when so filed and recorded, shall have effect as of the time of such filing to the same extent as is given by state law to the filing for record and recording, of acts and deeds conveying real or immovable property in this state.
B. The same fees allowed by law for the recording of acts and deeds conveying real or immovable property in this State shall apply to such certificates of redemption.
C. This section is not intended, and shall not be construed, to create or recognize any right of redemption, the validity and effect of any such right or claimed right of redemption being left to other laws or to the absence of other laws.
Acts 1968, No. 154, §§1-3.
126 U.S.C.A. §7425.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2726. Attachment and recordation of plats; definitions; penalty

RS 9:2726 - Attachment and recordation of plats; definitions; penalty
A. Each person obtaining a servitude or right of way across private property where the servitude or right of way is obtained for the installation of a facility, or facilities, shall attach to the servitude or right of way agreement a plat, sketch or aerial photograph showing the approximate location of the servitude or right of way and the instrument and plat, sketch or aerial photograph shall be recorded in the conveyance records of the parish in which the private property is situated.
B. "Person" as used in this section shall include natural persons, municipalities and parishes and other political subdivisions and agencies and departments thereof, and persons, companies or corporations operating private or public pipelines or private or public utilities.
C. "Facilities" as used in this section include waterways and drainage canals and underground, surface and overhead pipelines, sewerage lines, utility lines and electric power lines.
D. This section shall not apply to any of the following:
(1) public utility servitudes established in a subdivision by the subdivider;
(2) service drop wires.
E. Failure to record the instrument and plat, sketch or aerial photograph herein required shall render the servitude or right of way agreement ineffective except as between grantor and grantee, their heirs, successors and assigns.
F. This section shall apply only to a servitude or right of way obtained after August 1, 1970.
Added by Acts 1970, No. 482, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2727. Attachment and recordation of plats; expropriations

RS 9:2727 - Attachment and recordation of plats; expropriations
A. The state or its political corporations or subdivisions created for the purpose of exercising any state governmental powers, upon obtaining any immovable property, including servitudes or other rights in or to immovable property for the purpose of constructing and maintaining roads or highways class 1 to 3 as defined by the Louisiana Department of Highways Minimum Design Standards for Rural Highways and Roads, shall attach to the instrument evidencing such acquisition a plat of survey showing the location of the acquisition and the instrument and plat of survey shall be recorded in the conveyance records of the parish in which the property is situated. Where there is a plat of record, reference to same shall satisfy the requirements herein.
B. Failure to record the plat of survey herein required shall not render the instrument evidencing such acquisition ineffective.
C. This Section shall apply only to property obtained after September 12, 1975.
Added by Acts 1975, No. 759, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2729. Presumption of uniform intent and ownership

RS 9:2729 - Presumption of uniform intent and ownership
Co-owners are presumed to acquire in equal portions. For the purposes of this presumption, a husband and wife acquiring together for the community property regime are considered one co-owner.
Acts 2003, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2730. Prohibited private restrictive covenants

RS 9:2730 - Prohibited private restrictive covenants
Any promise, covenant, or restriction in a contract, mortgage, lease, deed, or conveyance or in any other agreement affecting immovable property that limits, restrains, prohibits, or otherwise provides against the sale, grant, gift, transfer, assignment, conveyance, ownership, lease, rental, use, or occupancy of immovable property to or by any person based on race or religion shall be void, against public policy, and wholly unenforceable and shall not constitute a defense in any action, suit, or proceeding.
Acts 2022, No. 481, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2736. Limitation of liability

RS 9:2736 - Limitation of liability
A person who serves as the secretary of state, a filing officer, or as any of their respective officers, deputies, or employees shall not be individually liable for damages caused by any error, act, or omission in the performance of the duties provided in R.S. 10:9-101, et seq., except for grossly negligent acts or omissions or acts of willful or wanton misconduct.
Acts 1989, No. 137, §4, eff. Sept. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2741. Establishing authenticity

RS 9:2741 - Establishing authenticity
A. Any interested person may bring an action to:
(1) Establish that a document is an original instrument or that it is a duplicate of an original instrument; or
(2) Obtain the cancellation of a document from the records because it does not bear an original signature and it is not a duplicate of an original instrument.
B. A party who asserts that a recorded document is not an original or a duplicate of an instrument bears the burden of proof.
C.(1) If the court determines that a recorded document is an original instrument or a duplicate of such an instrument, it shall enter a judgment to that effect.
(2) In all other cases, the court shall declare the recordation is without effect and order it cancelled from the records.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:113 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2742. Notice of lease; requirements and effect

RS 9:2742 - Notice of lease; requirements and effect
A.(1) In lieu of recording a written lease or sublease or any amendment or modification thereof, as provided by Civil Code Article 3338, a party may record a notice of lease or sublease, signed by the lessor and lessee of the lease or sublease.
(2) Recordation of a notice makes the lease or sublease and any subsequent amendment or modification thereof effective as to third persons to the same extent as would recordation of the instrument evidencing it.
(3) The notice of lease must contain the following:
(a) A declaration that the property is leased, and the names and addresses of the lessor and lessee.
(b) A description of the leased property.
(c) The date of the lease, its term, and the provisions of any extensions and renewals of the term provided for in the lease.
(d) A reference to the existence of an option, right of first refusal, or other agreement of the lessor to transfer all or any part of the leased premises.
(e) If of a sublease, the notice shall also contain reference to the recordation information of the primary lease or notice of lease that is subleased; however, the omission of this information does not affect the efficacy of the notice.
B. A notice of lease may also designate a person authorized to certify in writing on behalf of a party the terms of the lease, whether it is in full force and effect, and the extent to which the obligations of the lease have been performed. The certification shall have the same effect that it would have if it were signed by the person on whose behalf it is made.
C.(1) A change in a lease with respect to any matter that is required to be included in a notice of lease is not effective as to a third person unless the parties record a signed amendment to the notice that describes the change.
(2) If the amendment is of a transfer of a party's rights, the notice shall be signed by the transferor and transferee.
(3) If the amendment only designates a different person to certify the matters described in Subsection B of this Section, the amendment need only be signed by the person on behalf of whom the certification is to be made.
D. The effect of recordation of a notice of lease ceases:
(1) Upon recordation of an instrument signed by the parties to the lease or their successors declaring that the lease has terminated; or
(2) On the date that the lease may finally terminate as set forth in the notice of lease.
E. This Section shall apply to mineral leases that are subject to the provisions of the Louisiana Mineral Code. As to mineral leases, in addition to the other requirements provided under this Section, the notice shall include the primary term of the lease, as well as any additional period during which the lease may be maintained by the payment of rentals.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2007, No. 8, §1, eff. June 18, 2007; Redesignated from R.S. 44:104 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2743. Certificate of encumbrances; procedure; content; liability

RS 9:2743 - Certificate of encumbrances; procedure; content; liability
A. The recorder shall deliver a certificate of encumbrances to any person who requests it in writing.
B.(1) The certificate shall list all the uncancelled mortgages and instruments evidencing privileges, in the order of their recordation, that appear in the mortgage records and that identify the persons designated in the request as the mortgagor or obligor of the debt secured by the privilege, unless the recorder is supplied with evidence satisfactory to him that such instruments are in fact not those of the person in whose name the certificate is sought.
(2) Satisfactory evidence shall include an affidavit from the Louisiana licensed attorney requesting the certificate, setting forth all of the following information:
(a) A description of the uncancelled mortgages and instruments evidencing privileges.
(b) A statement from the affiant that he or someone under his direction has researched the uncancelled mortgages and instruments evidencing privileges.
(c) A statement that the affiant has determined through due and diligent research that the mortgages and instruments evidencing privileges are not against the person in whose name the certificate is sought.
(d) A statement that the affiant agrees to be personally liable to and indemnify the recorder and any person relying upon the affidavit for any damages they may suffer if the affidavit contains materially false or incorrect statements that cause the recorder to incorrectly list or fail to list instruments in the certificate.
(3) The affidavit provided for in Paragraph (2) of this Subsection shall be recorded in the mortgage records.
C.(1) If no uncancelled mortgage or instrument evidencing a privilege exists, the certificate shall declare that fact.
(2) The certificate shall not list mortgages or privileges arising from the recordation of the ad valorem tax rolls nor shall it list the notices of tax sales filed pursuant to R.S. 47:2180.
D.(1) The recorder is not liable personally or in his official capacity for listing in his certificate an encumbrance in the name of a person who reasonably may be construed to be the person in whose name the certificate is sought.
(2) The recorder is liable in his official capacity for any loss caused by the failure to list a mortgage or privilege in the certificate or by listing a mortgage or privilege that has been cancelled from his records unless the error proceeds from one of the following:
(a) A want of exactness in the description of the property or the name of the mortgagor or obligor of the debt secured by the privilege specifically given to the recorder in the request.
(b) An incorrect statement in an affidavit submitted pursuant to Subsection B of this Section.
Acts 2005, No. 169, §6, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Redesignated from R.S. 44:105 by Acts 2010, No. 284, §1, eff. Jan. 1, 2011; Acts 2012, No. 178, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2745. Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009, and Acts 2006, No. 730, §2.

RS 9:2745 - Repealed by Acts 2006, No. 621, §20(B), eff. Jan. 1, 2009, and Acts 2006, No. 730, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2758. Notarial certified copy of lost original

RS 9:2758 - Notarial certified copy of lost original
When the original title or record is no longer in being, a copy is good proof, and supplies the want of the original, when it is certified as being conformable to the record, by the notary who has received it, or by one of his successors, or by any other public officer, with whom the record was deposited and who had authority to give certified copies of it, provided the loss of the original be previously proved.
Acts 1984, No. 331, §5.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2759. Lost original, certified copy from public record

RS 9:2759 - Lost original, certified copy from public record
When an original title, by authentic act, or by private signature duly acknowledged, has been recorded in any public office, by an officer duly authorized, either by the laws of this State, or of the United States, to make such record, the copy of such record, duly authenticated, shall be received in evidence, on proving the loss of the original, or showing circumstances supported by the oath of the party, to render such loss probable.
Acts 1984, No. 331, §5.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2760. Recordation of electronic record in tangible form

RS 9:2760 - Recordation of electronic record in tangible form
The recorder shall not refuse to record a tangible copy of an electronic record on the ground that it does not bear the original signature of a party if a notary public or other officer before whom it was executed certifies that the tangible copy is an accurate copy of the electronic record.
Acts 2020, No. 254, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2771. Non-liability of contractor for destruction or deterioration of work

RS 9:2771 - Non-liability of contractor for destruction or deterioration of work
No contractor, including but not limited to a residential building contractor as defined in R.S. 37:2150.1(9), shall be liable for destruction or deterioration of or defects in any work constructed, or under construction, by him if he constructed, or is constructing, the work according to plans or specifications furnished to him which he did not make or cause to be made and if the destruction, deterioration, or defect was due to any fault or insufficiency of the plans or specifications. This provision shall apply regardless of whether the destruction, deterioration, or defect occurs or becomes evident prior to or after delivery of the work to the owner or prior to or after acceptance of the work by the owner. The provisions of this Section shall not be subject to waiver by the contractor.
Acts 1958, No. 183, §1. Amended by Acts 1960, No. 84, §1; Acts 2001, No. 179, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2773. Limitations on the responsibility of agents, contractors, and representatives

RS 9:2773 - Limitations on the responsibility of agents, contractors, and representatives
A. It is the public policy of the state that the responsibility which may be imposed on an agent, contractor, or representative by reason of the responsibility of proprietors for ultrahazardous activity under Civil Code Article 667 or ultrahazardous activity under any other provision of law shall be limited solely to the obligation of such agent, contractor, or representative to act as the surety of such proprietor in the event the proprietor is held to be responsible to his neighbor for damage caused him and resulting from the work of such agent, contractor, or representative, and only in the event the proprietor is unable to satisfy any claim arising out of such damage. The agent, contractor, or representative who is responsible for damages, as limited by this Section, shall have a right of action against the proprietor for any damages, costs, loss, or expense which he may suffer in his capacity as the surety of the proprietor.
B. Nothing in this Section shall be construed to relieve a contractor of any liability which he may incur as a result of his own negligence or the improper performance of the work performed under the construction contract.
C. The provisions of this Section shall apply to all construction agreements entered into after the effective date hereof and may be waived by the contractor.
Added by Acts 1975, No. 602, §1; Acts 2021, No. 245, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2774. Guarantees and warranties in construction specifications

RS 9:2774 - Guarantees and warranties in construction specifications
A. The guarantee and warranty period of all construction contracts shall commence on the date certified by the architect or engineer as the date the prime contract(s) has (have) been substantially completed in accordance with plans and specifications, or beneficially used by the owner, whichever first occurs.
B. The provisions of this Section shall not be subject to waiver by contract.
Added by Acts 1975, No. 675, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2775. Construction projects; equipment and machinery contracts; certain provisions invalid

RS 9:2775 - Construction projects; equipment and machinery contracts; certain provisions invalid
A. Any provision in a contract for the sale of equipment or machinery to be incorporated in a construction project, as hereinafter defined, which excludes liability for consequential damages is null and void.
B.(1) For the purposes of this Section the term "construction project" shall mean any residential or commercial project for the improvement, construction, modification, or repair of a fixed land based structure, or commercial project.
(2) The term "construction project" shall not include industrial or agricultural projects including but not limited to:
(a) Shipbuilding.
(b) Energy conversion or generation.
(c) Forestry.
(d) Paper production.
(e) Sugar production.
(f) Chemical or petrochemical production.
(g) Fixed platform fabrication.
(h) Mineral extraction, drilling, production, refining, development, transportation, or fabrication.
(i) Any projects constructed at the sites where such activities are being, or are to be conducted.
(j) Public sewerage, water treatment, or pumping facility.
C. "Consequential damages" are defined as loss of revenue, production, profits, use, rental income, or cost of replacement facilities, equipment and/or product, as may be applicable.
Added by Acts 1983, No. 330, §1. Acts 1984, No. 564, §1; Acts 1988, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:2776. Acceptance of funds to procure legal representation; accounting

RS 9:2776 - Acceptance of funds to procure legal representation; accounting
Any person who accepts funds to procure representation for another and also owns an interest in the cause of action, upon the written request of any person who advanced funds shall provide that person with a complete accounting in writing within sixty days of receipt of such request.
Acts 1987, No. 565, §1.