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La. Rev. Stat. § 48:21 (2026)

Functions

✓ current as of May 2026
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PART III. GENERAL POWERS, DUTIES AND FUNCTIONS

§21. Functions

A. The functions of the department shall be to study, administer, construct, improve, maintain, repair, and regulate the use of public transportation systems and to perform such other functions with regard to public highways, roads, and other transportation related facilities as may be conferred on the department by applicable law.

B. The department may construct and maintain within the right-of-way of any state highway or section thereof bicycle facilities appropriate to the context of the roadway.  If such facilities are not included in new construction projects, the department shall document the reasons for the exclusion.

C. The department may construct, maintain, and improve roads, whether hard-surfaced or otherwise, for state offices and other surrounding facilities of these agencies. Such work shall be at the direction of, and in cooperation with, the Department of Transportation and Development and shall be funded from monies specifically designated for that purpose. However, when work is requested by any state agency to be performed by the Department of Transportation and Development the following conditions shall apply:

(1) The state agency shall provide monies for the construction, maintenance, improvement, and repairing of roads surrounding state offices and other facilities when such work is performed.

(2) Any work performed by the Department of Transportation and Development shall not interfere with any construction work performed for Highway Priority Program projects.

Amended by Acts 1974, No. 577, §1; Acts 1977, No. 291, §1; Acts 1986, No.

 115, §1; Acts 1999, No. 362, §1; Acts 2010, No. 851, §1, eff. August 15, 2010.

Acts 2010, No. 618, §3, eff. August 15, 2010.

Notes of Decisions
Cited in 98 cases (2 in the last 5 years), 1962–2023 · leading case: Fontenot v. Patterson Ins., 23 So. 3d 259 (La. 2009).
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Fontenot v. Patterson Ins., 23 So. 3d 259 (La. 2009). · cites it 2× “R.S. 48:21(A); Myers v. State Farm Mut. Auto.”
Greene v. Succession of Alvarado, 210 So. 3d 321 (La. Ct. App. 2016). · cites it 2× “R.S. 48:21 A; Fontenot v. Patterson Insurance, 09-0669 (La.”
Graves v. Page, 703 So. 2d 566 (La. 1997). · cites it 2× “R.S. 48:21(A) [4] However, "the Department of *572 Highways is not responsible for every accident which occurs on state highways.”
Lasyone v. Kansas City S. RR, 786 So. 2d 682 (La. 2001). “§ 48:21(A); Netecke v. State of Louisiana, through DOTD, 98-1182, 98-1197 (La.”
Brooks v. State Ex Rel. Dep't of Transp. & Dev., 74 So. 3d 187 (La. 2011). · cites it 2× “DOTD argues the condition of the shoulder did not present an unreasonable risk of harm because vehicles authorized to travel on the highway or shoulder, such as cars, trucks, vans, and 18-wheelers, would not have been adversely affected by the condition of the shoulder.”
Oster v. Dept. of Transp. & Dev., 582 So. 2d 1285 (La. 1991). “R.S. 48:21, the court found that DOTD has a duty to maintain drainage ditches it constructs across another person's property in such a manner that the ditch does not cause physical damage to the person's property.”
Snearl v. Mercer, 780 So. 2d 563 (La. Ct. App. 2001). “R.S. 48:21(A); Netecke v. State, Through DOTD, 98-1182, p.”
Netecke v. State Ex Rel. DOTD, 747 So. 2d 489 (La. 1999). “R.S. 48:21(A); Campbell v. Department of Transp.”
Ratliff v. State Ex Rel. Dotd, 844 So. 2d 926 (La. Ct. App. 2003). · cites it 2× “The court concluded that this duty to maintain the public roads and highways has been statutorily imposed on DOTD by LSA-R.S. 48:21, [5] and held that DOTD could not absolve itself of this duty by contract with a private entity.”
Brown v. Louisiana Indem. Co., 707 So. 2d 1240 (La. 1998). “It is undisputed that DOTD has custody of Hwy 10 where Taylor's vehicle left the road. DOTD has a duty to maintain the public highways in a condition that is reasonably safe for persons exercising ordinary care and reasonable prudence.”
Cormier v. Comeaux, 748 So. 2d 1123 (La. 1999). “R.S. 48:21). This duty extends to the shoulders of highways as well.”
Forest v. State Ex Rel. Louisiana Dept. of Transp. & Dev., 493 So. 2d 563 (La. 1986). “-R.S. 48:21 they must "study, administer, construct, improve, maintain and regulate the use of public transportation systems and .”
Show all 98 citing cases →
La. Rev. Stat. § 48:21(A): 36 cases
Fontenot v. Patterson Ins., 23 So. 3d 259 (La. 2009). “R.S. 48:21(A); Myers v. State Farm Mut. Auto.”
Graves v. Page, 703 So. 2d 566 (La. 1997). “R.S. 48:21(A) [4] However, "the Department of *572 Highways is not responsible for every accident which occurs on state highways.”
Lasyone v. Kansas City S. RR, 786 So. 2d 682 (La. 2001). “§ 48:21(A); Netecke v. State of Louisiana, through DOTD, 98-1182, 98-1197 (La.”
Brooks v. State Ex Rel. Dep't of Transp. & Dev., 74 So. 3d 187 (La. 2011). “DOTD argues the condition of the shoulder did not present an unreasonable risk of harm because vehicles authorized to travel on the highway or shoulder, such as cars, trucks, vans, and 18-wheelers, would not have been adversely affected by the condition of the shoulder.”
Snearl v. Mercer, 780 So. 2d 563 (La. Ct. App. 2001). “R.S. 48:21(A); Netecke v. State, Through DOTD, 98-1182, p.”
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