CODE TITLE IV--PREDIAL SERVITUDES

CHAPTER 1.  GENERAL PROVISIONS

§1251.  Passage to or from waters or recreational sites; servitudes or rights of way or passage not acquired

A.  Any other provisions of the laws of this state to the contrary notwithstanding, whenever any land owner voluntarily, whether expressly or tacitly, permits passage through or across his land by certain persons or by the public, solely for the purpose of providing a convenience to such persons in the ingress and egress to and from waters for boating, or for the purpose of ingress and egress to and from any recreational site, neither the public nor any person shall thereby acquire a servitude or right of passage, nor shall such passage become a public road or street by reason of upkeep, maintenance, or work performed thereon by any governing authority.  

B.  The provisions of this section shall not be construed to:

(1)  prohibit land owners from entering into enforceable contracts specifically granting servitudes or rights of way or passage;

(2)  prohibit land owners from specifically dedicating roads, streets or passages to the public use;

(3)  repeal any laws relative to expropriation or appropriation of land or servitudes or laws authorizing the legislature or governing authorities to open, lay out or appoint public roads or streets; nor

(4)  repeal any laws creating servitudes along rivers, streams or other waters.  

Acts 1958, No. 463, §1.