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Committee advances substitute to close subdivision-recording ‘loophole’ after extended debate
Summary
The committee approved a substitute to HB 793 that would stop the prescriptive period from running when noncompliant subdivision plats are filed, responding to a recent Supreme Court decision; testimony included parish attorneys, planning officials and a property owner who opposed aspects of the substitute.
Representative Tom Muscarello presented a substitute to House Bill 793 to address a loophole created by a recent Supreme Court ruling that treating an unapproved subdivision plat filed with the clerk of court as notice can start prescriptive periods. The substitute would toll (pause) the prescriptive period for filings that do not comply with state law or local ordinances until the parish or municipality is aware and has taken action.
Supporters — including parish attorneys and planning officials — said the substitute prevents bad actors from…
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