A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In Louisiana, a public easement is a type of servitude that allows the general public to use a certain property for a specific purpose, such as for passage or recreation. Public easements are often established over private lands for streets, sidewalks, parks, or beaches to ensure that the public can access or enjoy these areas. The establishment of a public easement can occur through dedication by a property owner, prescription (continuous use by the public for a period of time), or expropriation for public use. Louisiana Civil Code provides the framework for servitudes and the rights and obligations of both the servient estate (the property burdened by the easement) and the dominant estate (the beneficiaries of the easement, in this case, the public). It's important to note that while the public has the right to use the property within the limits of the easement, the underlying ownership of the property remains with the private owner, who must not interfere with the easement's use.