The agonizing uncertainty over the fate of “societal expectations” under La. C.C. art. 466, component parts of an immovable, continues. Will the “societal expectorants” legislatively overrule Willis-Knighton? Will the “plain texters” legislatively solidify Willis-Knighton? SB196 and HB348 are virtually identical, and both purport to restore “prevailing notions in society” as a mandatory consideration in determining whether a “thing” is a “component part” of an immovable. SB196 has made it through the Louisiana Senate, and is sitting on the Louisiana House calendar. HB348 was passed out of committee, and awaits final vote of the full House. Louisiana Law Blog.com is told by a reliable source steeped in legislative arcana that SB196 and HB348 have a clear edge on the competition (see below), and one or the other of them will most likely be sent to Governor Blanco for signature before the end of the session. Whether or not any additional changes in the text will be made are, of course, beyond the purview of this blog. HB510 and HB536, both of which revise Article 466, but do not mention “prevailing notions in society,” have been assigned to the House Civil Law and Procedure Committee, but there they remain, their legislative journey not yet begun. Review recent posts on the issue of immovable property.
