La. Rev. Stat. § 38:3087.123 — LA Code / Code revised-statutes / Title 38 / Section 3087.123
Mineral rights
Status: in_force

Whenever it shall become necessary for the district or the Department of Transportation and Development to acquire full ownership of any land for the purpose of constructing any work or facility within the district, the owner thereof in his own behalf or in behalf of his assigns in the event of a prior assignment may retain the mineral rights to such property together with the right to grant mineral leases and servitudes thereon. No form of prescription shall divest such owner or his assigns of these rights so long as the district or a department or agency of the state retains the ownership of the property, but should ownership pass into private hands, the prescription of nonuse provided by R.S. 31:27 shall apply as in the usual case.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:3077 — LA Code / Code revised-statutes / Title 38 / Section 3077
Suits and failure to bring suit
Status: in_force

A. Whenever it appears that a person is violating or is threatening to violate any provision of this Part or a rule, regulation, or order made hereunder, the district shall bring suit to restrain that person from continuing the violation or from carrying out the threat.

B. Venue shall be in the district court in the parish in which the district is domiciled.

C. In any such suit, the district may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions as the facts warrant.

D. If the district fails to bring suit within ten days to restrain a violation of this Part or any rule, regulation, or order issued hereunder, any person in interest adversely affected by the violation who has notified the district in writing of the violation or threat thereof and has requested the district to sue, may bring suit to prevent any or further violations, in the district court of the parish in which the district is domiciled. If the court holds that injunctive relief should be granted, the district shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the district has at all times been the complaining party.

Added by Acts 1974, No. 678, §1; Acts 2025, No. 458, §5, eff. Oct. 1, 2025.
La. Rev. Stat. § 38:3087.73 — LA Code / Code revised-statutes / Title 38 / Section 3087.73
Board of commissioners, appointment; tenure; vacancies; compensation
Status: in_force

A. The district shall be governed and controlled by the Board of Commissioners of the Caddo Lake Watershed District which is hereby created. The board of commissioners shall be composed of five commissioners, each of whom shall be a qualified elector of the state of Louisiana who resides in Caddo Parish. The commissioners shall be appointed by the governing authority of Caddo Parish and shall serve terms of four years and until their successors have been appointed and have qualified. Any vacancy in the office of commissioner, due to death, resignation, or any other cause, other than the expiration of a term of office, shall be filled by the remaining commissioners for the unexpired term.

B. The members of the board shall receive no compensation for their services.

C. Notwithstanding the provisions of Subsection A of this Section, the terms of the members serving on the Board of Commissioners of the Caddo Lake Watershed District as of June 13, 2001, shall serve terms beginning on June 13, 2001, as follows:

(1) The board member from Blanchard shall serve a one-year term.

(2) The board member from Shreveport shall serve a two-year term.

(3) The board member from Mooringsport shall serve a three-year term.

(4) The board member from Oil City shall serve a four-year term.

(5) The board member from Vivian shall serve a five-year term.

(6) All terms thereafter shall be as provided by Subsection A.

Acts 1995, No. 345, §1; Acts 2001, No. 362, §1, eff. June 13, 2001.
La. Rev. Stat. § 38:16 — LA Code / Code revised-statutes / Title 38 / Section 16
Board of Public Works; abolition
Status: in_force

A. The Board of Public Works is hereby abolished.

B. The secretary of the Department of Transportation and Development shall be responsible for performing or exercising or delegating to an office within his department any powers or functions heretofore vested in the Board of Public Works.

Amended by Acts 1956, No. 262, §1; Acts 1970, No. 678, §1; Acts 1977, No. 214, §1.
La. Rev. Stat. § 38:330.7 — LA Code / Code revised-statutes / Title 38 / Section 330.7
Police officers
Status: in_force

A. Each authority shall not directly employ police security personnel. However, the authority may enter into cooperative endeavor agreements with appropriate local law enforcement agencies or local governmental subdivisions to provide necessary police security services for levees, or the authority may assume the rights and responsibilities of any existing cooperative endeavor agreements for police security services.

B. Notwithstanding the provisions of Subsection A of this Section, the Southeast Louisiana Flood Protection Authority - East may employ a superintendent of police security to supervise the police security personnel of all levee districts within its territorial jurisdiction. The superintendent shall have authority and the right to exercise the power of a police officer, including the power of arrest throughout the territorial jurisdiction of the authority. The salary of the SLFPA-East superintendent of police security shall not exceed the salary of the superintendent of the Louisiana State Police. The authority may assess each levee district within its territorial jurisdiction an amount necessary for the salary, benefits, and expenses of the superintendent.

C. Notwithstanding the provisions of Subsection A of this Section and R.S. 38:326, the Southeast Louisiana Flood Protection Authority - East, in the interest of public safety, may deploy police security personnel employed by one levee district within its territorial jurisdiction in another levee district within its territorial jurisdiction, provided that the levee district supplying the personnel is fully compensated for such deployment and the deployment does not create a public safety concern in any of the other districts. In the event full compensation for such deployments is not received, the delinquent district shall not be eligible for future deployments until making all necessary payments. Each police officer shall retain his powers when he is deployed outside his district of employment.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2012, No. 757, §1.
La. Rev. Stat. § 38:1623 — LA Code / Code revised-statutes / Title 38 / Section 1623
Appointment and duties of board of appraisers
Status: in_force

Within twenty days after having been petitioned for the carrying out of the plan for reclamation of the drainage district or of any sub-district, the board of commissioners shall name and appoint three appraisers who shall be residents of Louisiana, over the age of twenty-one years, who shall not be landowners in the drainage districts, nor related within the fourth degree of consanguinity to any person owning land in the district, nor be an officer or stockholder or bondholder of any corporation owning land in the district. These facts affecting the qualification of appraisers shall be made affirmatively to appear in the oath of each appraiser, and the oath shall make prima facie proof that the appraiser was legally qualified to act as an appraiser.

The three appraisers shall be known as "Board of Appraisers". They shall appraise the land within and without the drainage district or sub-district to be acquired for rights of way, holding basins, levees, canals, pumping plant sites, and other drainage works of the district, and to assess benefits and damages accruing to all land in the district or sub-district and other property by reason of the execution of the plan for reclamation.
La. Rev. Stat. § 38:326 — LA Code / Code revised-statutes / Title 38 / Section 326
Authority of levee district and levee and drainage district police officers; annual expenditure
Status: in_force

A.(1)(a) Any levee district or levee and drainage district may, at the discretion of its boards of commissioners, employ one or more persons as levee district or levee and drainage district police officers. Those persons who are designated levee district or levee and drainage district police officers in accordance with this Section are responsible for maintaining order and exercising general police power on and off the levees, within the area of the levee district or levee and drainage district, and upon its surrounding waters.

(b) Each such person named as a police officer by the president of the levee district or levee and drainage district shall be commissioned as a peace officer by the Department of Public Safety and Corrections in accordance with the provisions of R.S. 40:1379.1. Such commission shall remain in force and effect at the pleasure of the president of the levee district or levee and drainage district and the Department of Public Safety and Corrections subject to applicable civil service regulations.

(2) These police officers shall have the right to exercise the power of arrest as peace officers, according to law, within the area of their jurisdiction as provided herein.

(3) Each such police officer shall execute a bond in the amount of ten thousand dollars in the favor of the state of Louisiana for the faithful performance of his duties. The premium on the bond shall be paid by the levee district or levee and drainage district. Additionally, each board shall obtain police liability insurance in an amount appropriate to each individual district.

(4) The provisions of this Section shall not entitle any such police officer to state supplemental pay.

B. Any person arrested by a levee district or levee and drainage district police officer in the exercise of his powers shall be immediately transferred by such officer to the custody of the sheriff or city police within whose jurisdiction the arrest occurs.

C. No person may be commissioned as a levee district or levee and drainage district police officer unless prior to such commissioning the person has, as a minimum requirement, completed a training program and received certification as a peace officer by the Louisiana Council on Peace Officer Standards and Training (POST Council).

D. All levee board or levee and drainage board police forces existing on the effective date of this Section may remain in effect and shall retain the general powers, duties, functions, and authorities in effect at that time.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2010, No. 332, §1.

{NOTE: REGARDING R.S. 38:326, SEE ALSO R.S. 38:1044 AND 1076.1 AS PER ACTS 1985, NOS. 771 AND 1000, WHICH MAY BE CONFLICTING.}
La. Rev. Stat. § 38:1611 — LA Code / Code revised-statutes / Title 38 / Section 1611
Officers of board; seal; depository; payment of funds
Status: in_force

At the time and place designated by the police jury in the ordinance creating the drainage district, or as soon thereafter as possible, the commissioners appointed in the ordinance shall meet and immediately organize by electing officers. They shall elect from among their number a president and a vice-president. The president shall preside over the meetings of the commissioners and perform the duties usually required of presidents of corporate bodies. The vice-president shall perform the duties of the president in case of his absence or disability.

The commissioners shall also elect a secretary-treasurer, who need not be a commissioner, who shall perform all duties required of him by the commissioners.

The secretary-treasurer shall furnish bond in a sum fixed by the board of commissioners, which bond shall not be for less than one-fourth over and above any amount that may come into the possession of the secretary-treasurer, and which shall be increased or diminished accordingly. The premium on the bond shall be paid by the district. The secretary-treasurer shall receive compensation not in excess of two hundred fifty dollars, per month, which the board of commissioners may determine.

The board of commissioners shall adopt a suitable seal, and shall select without the necessity of advertising or receiving bids therefor one or more solvent chartered banks of the state, and other things being equal, a bank or banks situated within the drainage district, in which all funds of the drainage district derived from taxation shall be deposited. The depository shall pay not less than three per centum interest on daily balances.

Funds for the district shall be withdrawn or paid out only on warrants or checks of the board of commissioners signed in the manner provided by the board of commissioners.
La. Rev. Stat. § 38:3087.34 — LA Code / Code revised-statutes / Title 38 / Section 3087.34
Board of commissioners, appointment; tenure; vacancies; compensation
Status: in_force

A. The district shall be governed and controlled by a board of five commissioners, each of whom shall be a qualified elector of the state of Louisiana, owning property within the district. Each of the five commissioners shall reside in Bienville Parish.

B. The initial members of the board of commissioners shall be appointed by the Bienville Parish Police Jury. The initial members of the board shall serve as follows: two commissioners shall serve a two-year term and three commissioners shall serve a four-year term. Commissioners shall draw lots for their initial terms at the first commission meeting. Thereafter, all commissioners shall serve four-year terms. After the initial appointments, upon expiration of a term of a member of the board of commissioners, the police jury shall appoint a successor from a list of two names submitted by the board of commissioners. A commissioner may not serve more than two consecutive terms of any length, even if one term is shorter than four years. Any vacancy in the office of commissioner due to death, resignation, or any other cause, other than expiration of a term of office, shall be filled by the president of the board with majority approval of the board for the remainder of the unexpired term.

C. Members of the board of commissioners shall receive no compensation for their services.

Acts 1995, No. 443, §1, eff. June 17, 1995.
La. Rev. Stat. § 38:379 — LA Code / Code revised-statutes / Title 38 / Section 379
Taking evidence to jury room
Status: in_force

In reaching a verdict, the jurors should rely upon their memories, and when they retire to the jury room to deliberate, they shall not be allowed access to any written evidence or to any notes of the testimony of any witness, with the following exceptions:

(1) The judge may permit the jury to take into the jury room a concise summary of the property affected containing only the following: the size of the owner's affected property immediately before the expropriation; the size of the area expropriated; the size of the owner's remaining affected property immediately after the expropriation; a list of any improvements taken, and a list of any improvements not expropriated but which may have been affected by the expropriation, provided said summary has been admitted into evidence.

(2) The judge may permit the jury to take into the jury room a statement of the relevant value conclusions reached by each expert witness, if applicable, provided said statement has been admitted into evidence. Such statements shall not contain any corroborative or persuasive material and should consist solely of the name of the witness, the effective date of the value estimate, and a recitation of the pertinent value conclusions and unit value conclusions, if applicable, testified to by the witness.

(3) The jury may take with them into the jury room any object or document received in evidence which requires a physical examination to enable them to arrive at a just conclusion.

(4) The parties may stipulate that appraisal reports or summaries of appraisal reports testified to by expert witnesses may be taken into the jury room.

(5) The jury shall be permitted to take into the jury room an itemized statement of the loss the owner alleges he has suffered if testimony has been presented as to each item of loss and if the statement has been admitted into evidence.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1762 — LA Code / Code revised-statutes / Title 38 / Section 1762
Creation of districts upon petition of property owners
Status: in_force

Upon the failure or refusal of the police juries to organize a gravity drainage district when needed of territory composed partly of the parishes of each, they are hereby required to form the gravity drainage district when petitioned so to do by property owners as is provided for in R.S. 38:1751 governing the creation of gravity drainage districts from lands of one parish. The police juries shall form gravity drainage districts within the parishes when petitioned in the manner provided in R.S. 38:1751, and shall create, or shall approve the creation of gravity drainage districts composed of lands situated in two or more parishes, in the manner as provided in R.S. 38:1760, upon there being presented to the police juries a petition signed by the requisite number of property owners as provided for in R.S. 38:1751, governing the creation of gravity drainage districts from the lands of one parish. The fact that there may be presented to any police jury, or juries, a petition objecting to the creation of the gravity drainage district, or districts, shall not be just ground for the police jury or juries refusing to create or approve the creation of the gravity drainage district or districts when thus petitioned.
La. Rev. Stat. § 38:375 — LA Code / Code revised-statutes / Title 38 / Section 375
Alternate jurors
Status: in_force

The court may direct that one or two jurors in addition to the regular panel be called and empanelled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror shall be discharged when the jury retires to consider its verdict. If one or two alternate jurors are called, each side shall have an equal number of peremptory challenges. The court shall determine how many challenges shall be allowed and shall allocate them among the parties on each side. The additional peremptory challenges may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternate jurors.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2212.5 — LA Code / Code revised-statutes / Title 38 / Section 2212.5
Prequalified bidders
Status: in_force

Except for construction or repair of roads and bridges and those contractors providing materials and supplies for construction or repair of roads and bridges, the division of administration may prequalify bidders for historic restoration projects funded by the state. The division of administration shall promulgate rules and regulations setting forth procedures for such prequalification. Historic restoration projects as used herein means repairs, renovations, or reconstruction of state-owned structures which are listed on the National Register of Historic Places or state-owned structures which are eligible for inclusion on the National Register. After the division of administration has prequalified such bidders, only prequalified bidders may submit bids on those designed projects, and the contracts on those designated projects shall be awarded to the prequalified bidder submitting the lowest responsible and responsive bid.

Acts 1991, No. 1040, §1, eff. July 26, 1991. Redesignated by Acts 1999, No. 768, §3; Acts 2005, No. 178, §1, eff. June 28, 2005; Acts 2014, No. 759, §1.
La. Rev. Stat. § 38:1673 — LA Code / Code revised-statutes / Title 38 / Section 1673
Payment and retirement of bonds
Status: in_force

The funding or refunding bonds shall be payable out of any funds of the district or sub-district, as the case may be, not otherwise dedicated. The board of commissioners may levy, in the manner provided in R.S. 38:1631, taxes up to the full amount of the total benefits assessed against the lands of the district or sub-district if necessary, sufficient to pay and retire the bonds in principal and interest. The proceedings for the total levy, the annual levy and the collection of taxes shall be the same as heretofore provided in this Part, in the case of new districts created and organized under this Part. In the case of reorganized drainage districts which have issued funding or refunding bonds to fund or refund their indebtedness existing prior to reorganization they shall provide for retiring the bonds in the manner provided in R.S. 38:1669.
La. Rev. Stat. § 38:3087.354 — LA Code / Code revised-statutes / Title 38 / Section 3087.354
Tax exemption; mineral leases unabridged
Status: in_force

Should the district or the Department of Transportation and Development acquire a servitude, right-of-use, or title in full ownership to immovable property or any other property, such property shall not be subject to any ad valorem tax or tax of any nature by the state of Louisiana or any political subdivision thereof so long as such property is used for the purposes of the district. The provisions of this Part shall in no way abridge the right of any individual, person, firm, or corporation from whom a servitude or right-of-use may have been acquired to lease the land subject thereto for the production of oil, gas, or other minerals and to produce or cause to be produced oil, gas, or other minerals from such property so long as said leases are subject to the terms and conditions of the servitude executed in favor of the commission.

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:2260 — LA Code / Code revised-statutes / Title 38 / Section 2260
Penalties
Status: in_force

A. Except as provided for in Subsection B of this Section, violation of any of the provisions of this Part shall be deemed a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars or more than five hundred dollars.

B. Whoever, directly or indirectly, by agent or otherwise, intentionally and falsely claims any preference to which he is not entitled under the provisions of this Part shall be subject to penalties of double the dollar amount of the percentage granted through the preference or five hundred dollars, whichever is greater.

Added by Acts 1958, No. 318, §10. Amended by Acts 1960, No. 502, §1; Acts 1999, No. 742, §1.
La. Rev. Stat. § 38:3087.146 — LA Code / Code revised-statutes / Title 38 / Section 3087.146
Election of officers; record book
Status: in_force

Immediately after the members of the board of commissioners have been appointed by the governor, or as soon thereafter as is practicable, they shall meet and organize by electing from their number a president, vice president, and secretary who shall perform the duties normally required of such officers. The board shall also select the name by which any lake in the district is to be known and cause it to be recorded in a bound book which shall also be the depository of the minutes and proceedings of the board, certificates, oaths of commissioners, and any and all corporate acts of the board. This book shall be in the custody of the secretary of the board and shall be open for public inspection at all reasonable times.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:1674.9 — LA Code / Code revised-statutes / Title 38 / Section 1674.9
Nature of certificates
Status: in_force

Drainage certificates issued hereunder shall have all the requisites of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof.

Added by Acts 1962, No. 144, §1.
La. Rev. Stat. § 38:2868 — LA Code / Code revised-statutes / Title 38 / Section 2868
Election of officers; record book, public inspection
Status: in_force

A. Immediately after the commissioners have been appointed by the Claiborne Parish Police Jury, or as soon thereafter as practicable, the commissioners shall meet and immediately organize by electing officers. They shall elect from their membership a president who shall preside over the meetings of the board, perform such duties as are usually required of presidents of corporate bodies, and such other duties as are fixed by the bylaws adopted by the board. The commissioners shall also elect from their membership a vice president who shall perform the duties of the president in case of his absence or disability.

B. The board shall cause to be kept a well-bound book entitled "Record Book of Claiborne Parish Watershed District", in which shall be recorded the minutes of all meetings, all proceedings, certificates, oaths of commissioners, bonds of employees and contractors, and any and all corporate acts. The records shall be in the possession of the secretary of the board and shall be open to public inspection at all times by any person interested.

Added by Acts 1966, No. 299, §8; Acts 2004, No. 390, §1.
La. Rev. Stat. § 38:3087.65 — LA Code / Code revised-statutes / Title 38 / Section 3087.65
Playgrounds, parks, and other facilities
Status: in_force

The board of commissioners shall have the power to cause to be created and constructed playgrounds, picnic grounds, grounds for recreation, parks, and any and all other facilities to accommodate the public and to provide adequate access to the creek, as may within the opinion of the board become necessary.

Acts 1995, No. 443, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:3087.79 — LA Code / Code revised-statutes / Title 38 / Section 3087.79
Regulation of commercial establishments
Status: in_force

A. The board of commissioners shall have authority:

(1) To establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the lake or its facilities.

(2) To license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake.

B. The rules and regulations established and promulgated by the board of commissioners pursuant to this Section shall provide penalties for any commercial establishment operating without a permit or license.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:2211.1 — LA Code / Code revised-statutes / Title 38 / Section 2211.1
Restrictions on public entities that fail to comply with audit requirements
Status: in_force

A. No public entity that, pursuant to R.S. 39:72.1, has been deemed to have failed or refused to comply with the provisions of R.S. 24:513 shall let any public contract under this Part that utilizes any state funds, whether received through direct appropriation or through transfer from another public entity, or whose funding relies upon the full faith and credit of the state. For the purposes of this Section, the term "state funds" shall also include any federal funds, including grants, that pass through the state.

B. Any public entity that has been subject to the restrictions in Subsection A of this Section, upon coming into compliance with the provisions of R.S. 24:513, shall immediately inform the Legislative Audit Advisory Council in writing of their compliance and upon confirmation of compliance by the Legislative Audit Advisory Council shall be immediately released from the restrictions that were imposed.

Acts 2017, No. 399, §1.
La. Rev. Stat. § 38:2184 — LA Code / Code revised-statutes / Title 38 / Section 2184
Preference given to supplies, material, or equipment produced or offered by Louisiana citizens
Status: in_force

All public entities shall, in making purchase of supplies, material, or equipment, give preference to supplies, material, or equipment produced or offered by Louisiana citizens, the cost to the public entity and the quality being equal.

Acts 1991, No. 1044, §1.
La. Rev. Stat. § 38:1596.12 — LA Code / Code revised-statutes / Title 38 / Section 1596.12
Inspection and acceptance of work
Status: in_force

The governing authority shall provide for the final inspection of the work performed and the improvements made and, if the work is found to have been completed satisfactorily in accordance with the contract, as evidenced by a certificate of the project engineer, the governing authority shall by ordinance approve and accept the work and fulfill its obligations under the contract after compliance with laws relative to the completion of contracts involving public works by full payment therefor of any and all amounts and balances due the contractor, including all retained percentages of payments previously made thereon on engineer's estimates and which percentages were retained pending completion of the work.

Acts 1985, No. 979, §1.
La. Rev. Stat. § 38:1783 — LA Code / Code revised-statutes / Title 38 / Section 1783
Levy of forced contribution or acreage tax
Status: in_force

If a majority in number of the qualified taxpayers and a majority in number of acres voting at the election shall vote in favor of the proposition to levy a forced contribution or acreage tax, the governing authority may by resolution proceed to levy the forced contribution or acreage tax for the term for which the tax shall have been voted.
La. Rev. Stat. § 38:3087.273 — LA Code / Code revised-statutes / Title 38 / Section 3087.273
Audit
Status: in_force

The district shall be audited pursuant to R.S. 24:513.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:2255 — LA Code / Code revised-statutes / Title 38 / Section 2255
Printing contracts; bids
Status: in_force

To better facilitate the collection of sales taxes and other taxes in the purchase of printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies and equipment, every board, district, commission, department, institution, or the purchasing agent thereof, and all officers and officials of the state and all parishes, municipalities and political subdivisions thereof, shall purchase the same from Louisiana firms and all printing, lithographing, embossing, engraving, and binding in connection therewith shall be done in the State of Louisiana by Louisiana firms and by Louisiana labor, and all bonds, if required, given by contractors for such printing, lithographing, embossing, binding, record books, printed supplies, stationery and office supplies and equipment shall so state; provided, however, that where the purchase is of certain specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books, this statute shall not apply.

Except as to specialized forms hereinabove provided, such contracts shall be let to the lowest responsible bidder who is a Louisiana firm, who will comply with the terms of this statute, unless the bid submitted by any firm outside the State of Louisiana is at least three per cent lower than the lowest bid submitted by a Louisiana firm. If, for any reason, the purchaser shall be of the opinion that the public interest will be promoted thereby, it may, at any proposed letting of any of said contracts, reject any and all bids and invite new proposals.

Added by Acts 1958, No. 318, §5. Amended by Acts 1960, No. 502, §1.
La. Rev. Stat. § 38:2212.10 — LA Code / Code revised-statutes / Title 38 / Section 2212.10
Verification of employees involved in contracts for public works
Status: in_force

A.(1) The legislature finds that when illegal immigrants are living in this state and are encouraged to reside here through the benefit of employment without verification of immigration status, the result is that the enforcement of federal immigration law is impeded and obstructed, the security of the nation's borders is undermined, and the privileges and immunities of the citizens of Louisiana are impermissibly restricted.

(2) The legislature further finds that it is a compelling public interest of this state to discourage illegal immigration by requiring employers who do business with the state of Louisiana to cooperate fully with federal immigration authorities in the enforcement of federal immigration law.

B. For the purposes of this Section, the following terms shall mean:

(1) "Legal alien" is a person who is or was lawfully present or permanently residing legally in the United States and allowed to work at the time of employment and remains so throughout the duration of that employment.

(2) "Status verification system" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324(a), and operated by the United States Department of Homeland Security, known as the "E-Verify" program.

C. A private employer shall not bid on or otherwise contract with a public entity for the physical performance of services within the state of Louisiana unless the private employer verifies in a sworn affidavit attesting to both of the following:

(1) The private employer is registered and participates in a status verification system to verify that all new employees in the state of Louisiana are legal citizens of the United States or are legal aliens.

(2) The private employer shall continue, during the term of the contract, to utilize a status verification system to verify the legal status of all new employees in the state of Louisiana.

(3) The private employer shall require all subcontractors to submit to the employer a sworn affidavit verifying compliance with Paragraphs (1) and (2) of this Subsection.

D.(1) Any private employer violating the provisions of this Section may be subject to cancellation of any public contract, resulting in ineligibility for any public contract for a period of not more than three years from the date the violation is discovered.

(2) Any private employer shall be liable for any additional costs incurred by a public entity, occasioned by the cancellation of a contract or loss of any license or permit to do business in the state, as provided in this Subsection.

(3) Any private employer penalized in accordance with this Section shall have the right to appeal to the appropriate agency, department, or other public entity sanctioning the employer or to a court of competent jurisdiction.

(4) Any person, contractor, or employer who complies with the provisions of this Section shall not be civilly or criminally liable under state law for either hiring or retaining in its employ an unauthorized alien, as defined by 8 U.S.C. §1324a(h)(3), if the information obtained in accordance with the status verification system indicated that the employee's federal legal status allowed the employer to hire that employee.

(5) Any person, contractor, or employer who complies with the provisions of this Section shall not be civilly or criminally liable under state law for a refusal to either hire or retain an individual in its employ if the information obtained in accordance with the status verification system indicated that the individual's federal legal status was that of an unauthorized alien, as defined in 8 U.S.C. §1324a(h)(3).

(6) No person, contractor, or employer shall be penalized under the provisions of this Section for the actions of a subcontractor unless such person, contractor, or employer had actual knowledge of such subcontractor's failure to comply with the provisions of this Section.

E. The provisions of this Section shall apply only to contracts entered into or bids offered on or after January 1, 2012.

F. The provisions of this Section shall apply only to contracts for public works. For purposes of this Section, "public works" means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity.

G. In the event the status verification system expires and extensions are not approved by the federal government, the provisions of this Section shall no longer apply. The secretary of Louisiana Works shall provide written notification to the Louisiana State Law Institute if the status verification system expires and extensions are not approved by the federal government.

Acts 2011, No. 376, §1; Acts 2012, No. 142, §1; Acts 2014, No. 759, §1.
La. Rev. Stat. § 38:3381 — LA Code / Code revised-statutes / Title 38 / Section 3381
Intermodal Transportation Act
Status: in_force

The provisions of this Chapter shall be known as and may be cited as the Intermodal Transportation Act.

Acts 1997, No. 1041, §2.
La. Rev. Stat. § 38:502 — LA Code / Code revised-statutes / Title 38 / Section 502
Maturity of bonds; interest; certificate of district attorney
Status: in_force

A. The bonds issued under the authority of this Subpart shall mature annually upon dates to be determined and fixed by the issuing body, and the total amount of debt incurred or bonds issued shall not exceed in principal and interest the aggregate proceeds of the tax during the period for which the tax is levied, estimated upon the avails of the special tax upon the assessed value subject to the tax as shown by the assessment rolls last made and filed prior to the election authorizing the special tax. The bonds shall not bear a greater rate of interest than provided in R.S. 39:1421, et seq., and shall be payable annually or semiannually on dates to be specified in the bonds, and each of the bonds shall bear across its face printed in red letters the following certificate:

"I hereby certify that I have examined the proceedings prior and relative to the voting of the special tax, the resolutions, ordinances and other proceedings of ............. pursuant to which the series of bonds of which this is one was issued; that the said proceedings are regular in form; and that the proceeds of the special tax dedicated to the payment of same, estimated upon the tax roll of the .......... of ............ last made and filed prior to the election authorizing the special tax, that is to say, for the year 19..., will be ample for the payment of said bonds, principal and interest.

This the ............. day of ......... 19..

.................................

District Attorney.

.................................

Judicial District."

B. The foregoing certificate shall be signed by the district attorney of the judicial district in which the levee board or levee and drainage board is domiciled, and thereafter the bonds shall be incontestable for any cause, except as provided in Article VI, Section 35 of the Constitution of Louisiana. The district attorney shall receive as compensation for his services in making the examination and certificate required for this Subpart one-tenth of one percent of the total amount of bonds thus certified by him, but in no case shall he receive less than twenty-five nor more than one hundred dollars for this service which shall be paid by the levee board or levee and drainage board issuing the bonds.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:308 — LA Code / Code revised-statutes / Title 38 / Section 308
Per diem; number of days per diem allowed; travel expenses; salary
Status: in_force

A. Any other provision of law to the contrary notwithstanding, particularly any special provisions in this Title relative to each levee district and levee and drainage district in the state, any board of commissioners of any levee district and levee and drainage district in this state may by a vote of two-thirds of the total membership of the board fix the per diem of its members; however, the per diem of each member shall not exceed seventy-five percent of the rate allowable for per diem deduction pursuant to 26 U.S.C. 162(h)(1)(B)(ii) during the time such member is in actual attendance upon the board or performing duties authorized by the board. Such per diem shall be payable for thirty-six days per year. During the period of an emergency as declared and determined by the governor, each district or portion of a district which has been declared to be under such an emergency by the governor shall be authorized to hold as many meetings or emergency activities as the board deems necessary and the members shall be paid per diem for such meetings or activities. Each member shall be reimbursed for travel expenses in accordance with state travel regulations as prescribed by the division of administration. In lieu of the per diem provision which is provided for in this Section, a president of any levee board or levee and drainage board may receive a salary if he also acts as administrator for the board. However, in no instance shall his salary exceed the sum of one thousand dollars per month. The per diem, salary, and expenses shall be paid out of the funds of the districts on the warrants of the presidents, duly attested by the secretary of the board.

B. Any salary paid must be submitted for review to the commissioner of administration and the Joint Legislative Committee on the Budget.

C. A board of commissioners of any levee district and levee and drainage district in this state shall provide at least two weeks notice to the public of its intent to vote on whether or not to fix the per diem of its members above seventy-five dollars.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2015, No. 423, §1.
La. Rev. Stat. § 38:3086.4 — LA Code / Code revised-statutes / Title 38 / Section 3086.4
Board of commissioners; domicile; powers; bonds and taxes; bonding of treasurer
Status: in_force

The domicile of said board shall be at Lafayette, Louisiana. The district herein created shall have the power to sue and be sued, through its board of commissioners, and service of process in any such suit against said district shall be made upon the chairman of the board, the vice-chairman or upon the secretary-treasurer, but this provision shall not constitute a waiver of the governmental immunity to which the district is entitled. The district shall have authority to incur debt, issue bonds and levy taxes for the retirement of same, under the provisions of Article XIV, Section 14, including but not by way of limitation, Paragraph (a) thereof, of the Constitution of Louisiana, and to levy special taxes under the provisions of Article X, Section 10 thereof, in accordance with the provisions of law carrying these articles into effect and particularly the provisions of the pertinent sections of Title 39 of the Louisiana Revised Statutes of 1950 providing for an election. Ad valorem taxes so levied shall be assessed and collected in the same manner as state and parish taxes. The treasurer shall be bonded in such sum as the board may require, the premium on said bond to be paid by the district.

Acts 1969, No. 41, §4.
La. Rev. Stat. § 38:478 — LA Code / Code revised-statutes / Title 38 / Section 478
Provisions for issuance; purposes; security; form of bonds
Status: in_force

A. The board of commissioners of the levee district or levee and drainage district shall have power and authority to issue bonds under the provisions of this Subpart for the purpose of constructing levees, drainage, levee drainage, and for all other purposes incidental thereto, including the payment of the cost of lands and improvements thereon used or destroyed for levees, drainage, or levee drainage purposes, and for the payment of any outstanding indebtedness incurred for such purposes or for any one or more of such purposes. The board of commissioners may issue bonds hereunder from time to time in the amounts which it may deem necessary and expedient and shall by resolution fix the form and terms of the bonds, the rate or rates of interest, and the manner in which the bonds may be issued and sold, not inconsistent herewith; however, no bonds shall be sold for less than par. The bonds shall be payable in such medium and at such place or places within or without the state as may be fixed by the resolution. All bonds shall constitute negotiable instruments and shall be signed by the president and the secretary of the board of commissioners under its official seal, and the interest coupons attached thereto shall be signed by the facsimile signatures of such officials. The delivery of any bonds or coupons so executed at any time thereafter shall be valid although before the date of delivery a person or persons signing the bonds or coupons shall cease to hold office. The provisions of this Subpart shall not be construed to require that all of the bonds authorized hereunder shall bear the same date, date of maturity, or rate of interest. The board of commissioners may in any resolution authorizing such bonds provide for the respective priorities of separate blocks, series, or issues of bonds issued under this Subpart or may provide for the issuance of additional bonds in the future on a parity under such conditions as may be therein specified. In the absence of any such provision, if one or more series of bonds shall be issued hereunder, priority of lien on the taxes, local contributions, and other income and revenues of the district from which such bonds are payable shall depend upon the time of delivery of such bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered.

B. Nothing in this Subpart to the contrary withstanding, any bonds issued hereunder shall be payable from the taxes, local contributions, and other income and revenues of the levee district or levee and drainage district.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1993 — LA Code / Code revised-statutes / Title 38 / Section 1993
Board of commissioners
Status: in_force

The corporation shall be governed, and all its corporate powers are vested in a board of five commissioners, three of whom shall be actual bona fide residents, and citizens, and owners of real estate in the Lafourche Basin Levee and Drainage District. The commissioners shall be appointed, one from each parish by the respective governing authorities of the parishes, who shall serve for four years, and two of the commissioners shall be appointed by the governor, who shall serve for six years. The commissioners appointed by the governor shall be residents of Louisiana and owners of real estate in the Lafourche Basin Levee and Drainage District, but may not actually reside within the district. The commissioners shall elect one of their own number president, one, vice-president, and one, secretary and treasurer, who shall serve for two years. The board shall elect its officers every two years, but all officers shall serve until their successors are elected and qualified.
La. Rev. Stat. § 38:1591 — LA Code / Code revised-statutes / Title 38 / Section 1591
Certificates as negotiable paper
Status: in_force

Drainage certificates issued hereunder shall be deemed to possess all the legal requisites of negotiable paper, shall not be invalid for any irregularity or defect in the proceedings for their issuance, sale, or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:1596.7 — LA Code / Code revised-statutes / Title 38 / Section 1596.7
Certificates of indebtedness
Status: in_force

A. The governing authority of the district may issue, execute, negotiate, sell, and deliver negotiable interest-bearing coupon certificates of the district in an amount up to the total amount of the installments or deferred payments as provided in R.S. 38:1596.6.

B. The certificates shall bear interest not to exceed the legal maximum limit, shall be payable annually, and shall mature serially over a period not exceeding fifteen years, but in no event shall the certificates extend over a longer period of time than that provided for by the ordinance levying the local or special assessments which may be payable in annual installments.

C. The certificates shall be of such form, date, and denomination and payable in principal and interest at such time and place as the governing authority may determine, and they shall be secured by and payable in principal and interest from the irrevocable pledge and dedication of the funds to be derived from the special assessments hereinabove provided which are payable in annual installments or deferred payments as provided for by this Part, which funds shall be set aside in a separate trust fund and shall not be drawn upon for any purpose other than to pay the principal and interest of the certificates.

Acts 1985, No. 979, §1.
La. Rev. Stat. § 38:1706 — LA Code / Code revised-statutes / Title 38 / Section 1706
Interference with natural drainage
Status: in_force

No drainage district created under this Part shall in its levee construction interfere with the natural drainage of any contiguous territory without making provisions at its expense to furnish equivalent drainage to the contiguous territory.
La. Rev. Stat. § 38:1789 — LA Code / Code revised-statutes / Title 38 / Section 1789
Assessment of property and extension of taxes
Status: in_force

The assessors of the parishes in which gravity drainage districts or gravity subdrainage districts in whole or in part are located, shall assess all property in the districts for the taxes levied against the property by the drainage commission. They shall also list and extend on the assessment rolls all acreage taxes that have been assessed upon the lands of the district by the commissioners, and shall, after the assessment is completed, make in triplicate the assessment roll which shall be styled "Assessment Roll for _____ Gravity Drainage District" (Here give number of the district or subdistrict). The original of the roll shall be filed with the clerk of the district court for the parish or parishes in which the district is located, a copy with the sheriff and tax collector which shall be his warrant for collecting the taxes, and the other with the commissioners of the drainage district. The assessor making the assessment roll shall receive as compensation for this service, one-fifth of the regular fees fixed by law on all ad valorem taxes, and the sum of one hundred dollars for the listing of property to serve as a basis to collect the acreage tax shall be paid him by the district when the triplicate rolls are completed and filed as herein required. The fee of one hundred dollars shall be paid but once and shall constitute the total charge for the rolls thus made. He shall list and assess all property in the district in the same manner as is required by law for state and parochial assessment, when an ad valorem tax is to be assessed thereon, and list the name of the property owner and the number of acres owned by him where there is an acreage tax levied. When the listing and assessment has been completed, the drainage commissioners or a committee therefrom, shall appear before the police jury or juries of the parish or parishes in which the district is situated, sitting as a board of reviewers, and urge any corrections or change in any manner that the police jury, sitting as a board of reviewers, are now authorized to make in assessments under existing laws. In order that the board of commissioners may secure a correct list of all property situated in their respective districts, and actual cash value thereof, they may employ at fair compensation a person or persons for the purpose of listing the property in the district and placing the cash value thereon. The listing and valuation shall be admitted in evidence and considered by the court upon any contest, as to the value of any property assessed.
La. Rev. Stat. § 38:3087.5 — LA Code / Code revised-statutes / Title 38 / Section 3087.5
Oaths
Status: in_force

Before entering upon his official duties each member of the board of commissioners shall take an oath, before an officer authorized by law to administer an oath, that he will faithfully, honestly, and impartially perform his duties.

Acts 1992, No. 888, §2, eff. July 8, 1992.
La. Rev. Stat. § 38:1653 — LA Code / Code revised-statutes / Title 38 / Section 1653
Sale of bonds
Status: in_force

All of the bonds shall be executed and delivered to the secretary-treasurer of the district, who shall sell the bonds in the quantities and at the dates which the board of commissioners may deem necessary to meet the payments for the works and improvements in the district. The bonds shall not be sold for less than ninety per cent of par and accrued interest to date of delivery, and shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the taxes levied as provided by previous sections of this Part.
La. Rev. Stat. § 38:3085.1 — LA Code / Code revised-statutes / Title 38 / Section 3085.1
Creation; purposes
Status: in_force

The Iatt Lake Water Conservation District, referred to in this Part as the "district," is continued with the territorial boundaries, organization, and functions provided for in this Part. The district shall be a body politic and corporate and a political subdivision of the state of Louisiana, composed of all of the territory of the parish of Grant, exclusive of the territory located within any municipality or waterworks district.

Added by Acts 1975, No. 28, §1.
La. Rev. Stat. § 38:2358 — LA Code / Code revised-statutes / Title 38 / Section 2358
Interaction with Coastal Protection and Restoration Authority
Status: in_force

The Coastal Protection and Restoration Authority and the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority shall jointly develop integrated flood protection strategies. The Coastal Protection and Restoration Authority shall remain responsible for its functions and responsibilities as defined in R.S. 49:214.5.1 et seq. The Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority shall oversee riverine flood management, inland navigation, and water resource infrastructure within the upland area as defined in R.S. 38:2352 and as consistent with this Chapter.

Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:3087.119 — LA Code / Code revised-statutes / Title 38 / Section 3087.119
Rules and regulations
Status: in_force

In order to accomplish the purposes of the district to manage and control water levels and the growth of aquatic plants and to protect the works, improvements, and property of the district, both immovable and movable; to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage to the district by misuse of any works, improvements, or properties or by the pollution by solid or liquid substance or misuse of the waters of the district or any watercourse therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To manage and control the water level and the growth of aquatic plants in the lakes.

(2) To protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto.

(3) To prescribe the manner of building bridges, piers, boathouses, seawalls, roads, and fences, including fences for the control of livestock or other works in, along, or across any channel or extending into the lake.

(4) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any watercourse therein and the manner in which the watercourses of the district may be used for sewer outlets for disposal of waste.

(5) To prescribe the permissible uses of the water supply provided by the lake and to prevent the pollution or unnecessary waste of such water supply.

(6) To prescribe or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(7) To establish rules and regulations and cause them to be enforced with regard to activities engaged in upon Black River Lake which are not regulated by the Louisiana Wildlife and Fisheries Commission.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:387 — LA Code / Code revised-statutes / Title 38 / Section 387
Measure of compensation; burden of proof
Status: in_force

A. The measure of compensation for the property expropriated is determined as of the time the estimated compensation was deposited into the registry of the court without considering any change in value caused by the proposed improvement for which the property is expropriated.

B. The measure of damages, if any, to the defendant's remaining property is determined on a basis of immediately before and immediately after the expropriation taking into consideration the effects of the completion of the project in the manner proposed or planned.

C. The owner shall be compensated to the full extent of his loss.

D. The levee district or levee and drainage district shall present its evidence of value first.

E. Reasonable attorney's fees may be awarded by the court if the amount of the compensation deposited in the registry of the court is less than the amount of compensation awarded in the judgment. Such attorney's fees in no event shall exceed twenty-five percent of the difference between the award and the amount deposited in the registry of the court.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1775 — LA Code / Code revised-statutes / Title 38 / Section 1775
List of voters
Status: in_force

The registrar of voters shall furnish the election commissioners appointed to hold the elections with a list of the land owners entitled to vote, together with the number of acres of each land owner entitled to vote as shown by the assessment roll made and filed prior to the election. When any land owner's name or the number of acres shall be omitted from the list or erroneously entered thereon the commissioners of election may receive affidavits of the land owner entitled to vote and the number of acres owned by him, which affidavit shall be attached to the voter's ballot. No defect or irregularity in or omission from the list of voters furnished by the registrar of voters hereunder shall affect the validity of the election, unless it shall be established that voters were deprived of votes sufficient in number or in number of acres to have changed the result of the election.
La. Rev. Stat. § 38:3087.167 — LA Code / Code revised-statutes / Title 38 / Section 3087.167
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may do and perform any and all things necessary or incident to the fulfillment of the purposes for which the district is created.

B. The Turkey Creek Reservoir District shall have, with respect to the improvements and maintenance of the district, the advice of the Department of Transportation and Development, and it shall request from time to time the assistance of the department to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of the said district may request from time to time.

Acts 2001, No. 475, §1.
La. Rev. Stat. § 38:2294 — LA Code / Code revised-statutes / Title 38 / Section 2294
Separate bids
Status: in_force

A. Each closed specification authorized by the approving authority shall be offered for bid as a separate item.

B. No contractor or sub-contractor shall accept a bid on a closed specification unless the item is priced separately in the bid.

Added by Acts 1965, No. 40, §1.
La. Rev. Stat. § 38:414 — LA Code / Code revised-statutes / Title 38 / Section 414
Special assessments constitute liens on produce and other property
Status: in_force

The special assessment or forced contribution levied on produce by the levee boards or levee and drainage boards shall be secured by first lien and privilege on the produce and on all other property of the person owning the produce situated in the parish, and in case of suit to recover the special assessment, all costs, penalties, and attorney's fees fixed in R.S. 38:411 shall be secured by the same lien and privilege. The lien and privilege on the produce shall be prescribed in ten days from removal from the parish where the produce has been raised. If the produce has been transferred to a bona fide purchaser the lien and privilege shall be prescribed in five days from removal.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:211 — LA Code / Code revised-statutes / Title 38 / Section 211
Cutting or destroying levees prohibited
Status: in_force

No unauthorized person shall wilfully and maliciously cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to open when officially closed or cause to close when officially opened, any floodgate, stoplog structure, valve or other flood protective device made for protection from overflow or shall aid and abet any person in so doing.

Whoever violates this Section shall be fined not more than five thousand dollars or imprisoned at hard labor for not more than ten years.

Amended by Acts 1976, No. 137, §1.
La. Rev. Stat. § 38:383 — LA Code / Code revised-statutes / Title 38 / Section 383
Remittitur or additur as alternative to new trial; reformation of verdict
Status: in_force

If the trial court is of the opinion that the verdict is so excessive or inadequate that a new trial should be granted for that reason only, it may indicate to the party or his attorney the time within which he may enter a remittitur or additur. This remittitur or additur is to be entered only with the consent of the plaintiff or the defendant, as the case may be, as an alternative to a new trial and is to be entered only if the amount of the excess or inadequacy of the verdict or judgment can be separately and fairly ascertained. If a remittitur or additur is entered, then the court shall reform the jury verdict or judgment in accordance therewith.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:330.11 — LA Code / Code revised-statutes / Title 38 / Section 330.11
Exception to jurisdiction of authorities
Status: in_force

Notwithstanding any provision of law to the contrary, this Part shall not apply to any levee district or board that has been reorganized, merged into, or consolidated with a parish pursuant to Article VI, Sections 16 and 38 of the Constitution of Louisiana. Such levee district shall continue to have any rights, revenues, resources, jurisdiction, powers, authority, functions, and duties, including the levy and collection of any local assessment or forced contribution, authorized by law at the time of the reorganization, merger, and consolidation with a parish.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007.
La. Rev. Stat. § 38:1703 — LA Code / Code revised-statutes / Title 38 / Section 1703
Approval of formation by Department of Public Works
Status: in_force

No drainage district shall be created under this Part until the Department of Public Works has approved the formation of the district with respect to the body of land to be included therein, and has furnished the police jury a map approved by the Department of Public Works showing the lands which it is proper to include in the drainage district. If in the opinion of the Department of Public Works it is necessary to include in the district any high lands for the purpose of reclaiming the body of unreclaimed lands, the inclusion shall not invalidate the creation of the district or any proceeding taken in connection therewith, but the high lands shall be taxed only in the proportion, if any, as they shall be benefited by the reclamation and drainage works constructed in the district. The Department of Public Works when requested to do so by any police jury, by any drainage board affected, or by a majority of the land owners in the proposed district shall examine into and report its opinion or findings, and furnish all maps required to be given, made or furnished by it under the provisions of this Part.
La. Rev. Stat. § 38:327 — LA Code / Code revised-statutes / Title 38 / Section 327
Lake Borgne Basin Levee District Board of Commissioners; powers and duties
Status: in_force

A. The management and control of the district shall be vested in the board of commissioners of the Lake Borgne Basin Levee District. In addition to any other powers and duties provided by law, the board shall have the authority to establish adequate drainage, flood control, and water resources development, including but not limited to construction of reservoirs, diversion canals, gravity and pump drainage systems, erosion control measures, marsh management, and other flood control works as they relate to tidewater flooding, hurricane protection, and saltwater intrusion.

B. The board may enter into contracts and agreements of any nature for the purposes of this Chapter with any person or persons, corporation, association, or other entity, including public corporations, port authorities, the state and agencies thereof, levee districts, parishes, other political subdivisions, the United States government and agencies thereof, or any combination thereof, or with instrumentalities of any kind to carry out the purposes of and the powers granted in this Chapter.

C. The board may enter into contracts or other agreements with any person or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and may engage jointly in the exercise of any power to include the construction, operation, and maintenance of any facilities and improvements for the purpose of the projects under this Chapter.

D. The board shall have the authority to construct and maintain drainage works of all types as they relate to tidewater flooding, hurricane protection, and saltwater intrusion, either in cooperation with one or more parishes, municipalities, drainage districts, or other special districts within its territorial jurisdiction, or upon its own undertaking.

E. The board may buy and sell property, make and execute all contracts, and perform any and all things necessary to carry out the objects of this Chapter, subject to the limitations and duties provided in this Section.

F. The board shall operate and maintain the Violet Siphon in accordance with an operation and maintenance plan developed jointly by the Lake Borgne Basin Levee District and the Department of Conservation and Energy, office of coastal restoration and management.

Acts 1993, No. 1016, §1; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.
La. Rev. Stat. § 38:2902 — LA Code / Code revised-statutes / Title 38 / Section 2902
Powers
Status: in_force

The Jackson Parish Watershed District shall constitute a body corporate in law with all the powers, rights, privileges and immunities of a public corporation, with power to sue and be sued, to incur debt and contract obligations in accordance with law, have a corporate seal and do and perform all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and objects for which it is created. It shall have the power of eminent domain and may expropriate property for all its purposes and objectives. Through its governing authority, the district may conserve the fresh water supply within its boundaries for the benefit of the inhabitants and property owners within said district and state, to provide water for commercial, municipal and any other uses, both within and without the district. It may, acting through its own governing authority or through the department of public works, construct, lease, maintain, acquire, enlarge and operate any machinery or do any other thing necessary for the use and purpose of the district. It may own in full ownership all servitudes, rights of way, flowage rights and may acquire same by donation, prescription, purchase, expropriation, or otherwise. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept gifts, grants and donations of property and money therefrom. It shall have the authority to cooperate with the State of Louisiana or any political subdivision, department, agency or corporation of said state, for the construction, operation and maintenance of such facilities designed to accomplish the purposes for which the district is created on any basis, including the matching of funds and by participating in projects authorized by the federal or state law as it shall see fit.

Added by Acts 1968, No. 589, §1. Amended by Acts 1972, No. 316, §2.
La. Rev. Stat. § 38:2607 — LA Code / Code revised-statutes / Title 38 / Section 2607
Fishing activities; prohibition of certain gear
Status: in_force

The Wildlife and Fisheries Commission may prohibit the recreational and commercial use of hoop nets, gill nets, trammel nets, strike nets, seines, wire nets, wire traps, and slat traps on Cypress Bayou Reservoir and Black Bayou Reservoir. In addition, the board of commissioners of the Cypress-Black Bayou Recreation and Water Conservation District shall maintain public access to Cypress Bayou Reservoir and to Black Bayou Reservoir.

Acts 2002, 1st Ex. Sess., No. 55, §1, eff. April 18, 2002.
La. Rev. Stat. § 38:329.2 — LA Code / Code revised-statutes / Title 38 / Section 329.2
North Lafourche Conservation, Levee and Drainage District; ad valorem tax and mineral revenues
Status: in_force

A. Because the Lafourche Basin Conservation Levee and Drainage District continues to provide mainline Mississippi River levee protection which is beneficial to Lafourche Parish, the North Lafourche Conservation, Levee and Drainage District and the Lafourche Basin Conservation Levee and Drainage District shall share both the ad valorem property taxes received from such tax levied annually, not to exceed five mills, pursuant to Article VI, Section 39(A) of the Constitution of Louisiana and R.S. 38:404, for levee protection on any lands located in the parish of Lafourche lying north of the northern bank of the Intracoastal Canal and east of the Bayou Lafourche and the mineral revenues received on any lands within the territorial boundaries of the North Lafourche Conservation, Levee and Drainage District that were previously owned by the Lafourche Basin Conservation Levee and Drainage District in the percentages as follows:

(1) For the tax year 2007, thirty-five percent to the Lafourche Basin Conservation Levee and Drainage District and sixty-five percent to the North Lafourche Conservation, Levee and Drainage District of such levied 2006 ad valorem property taxes received and mineral revenues received by the levee districts.

(2) For the tax year 2008, twenty-five percent to the Lafourche Basin Conservation Levee and Drainage District and seventy-five percent to the North Lafourche Conservation, Levee and Drainage District of such levied 2007 ad valorem property taxes received and mineral revenues received by the levee districts.

(3) For the tax year 2009 and each tax year thereafter, fifteen percent to the Lafourche Basin Conservation Levee and Drainage District and eighty-five percent to the North Lafourche Conservation, Levee and Drainage District of such levied 2008 ad valorem property taxes received, and such levied ad valorem property taxes received each year thereafter, and mineral revenues received by the levee districts.

B. The ad valorem property taxes received annually to be shared as provided for in Subsection A of this Section shall be remitted within thirty days of the receipt thereof. The mineral revenues on the lands to be shared as provided for in Subsection A of this Section shall be remitted on a quarterly basis.

Acts 2006, 1 st Ex. Sess., No. 32, §1, eff. Jan. 1, 2007; Acts 2007, No. 134, §1, eff. June 25, 2007; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:1593 — LA Code / Code revised-statutes / Title 38 / Section 1593
Employment and duties of engineer and attorney
Status: in_force

A. Drainage districts taking advantage of the provisions of this Part are hereby authorized through their respective governing authorities to engage the services of an engineer and provide for his payment. The engineer shall prepare all plans and specifications for said work and improvements herein authorized, and the governing authority shall approve such plans and specifications by a proper resolution duly adopted. Such engineer so employed shall inspect the work as let in accordance with contracts hereunder and shall issue to the said contractor his estimates thereon from time to time as the work progresses, which estimates may be paid by the drainage district either in full or by the retention of ten percent thereof as retained percentage. The said engineer shall inspect the work as it progresses and shall be responsible for the performance and completion thereof in accordance with the plans and specifications. Upon final completion of the work, the engineer shall submit a certified report to the governing authority of the drainage district as to the satisfactory completion of the work. In addition, the engineer shall perform any and all engineering duties required of him in this Part.

B. The governing authority of the drainage district is also hereby authorized to employ an attorney to handle all legal work in connection with such improvements herein authorized and to provide for the payment of his fee. In addition to his other duties, the attorney shall prepare a complete transcript of the record of the proceedings for each project completed hereunder and shall file the same with the clerk or secretary of the drainage district. This filed transcript shall constitute a permanent record thereof.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:1547 — LA Code / Code revised-statutes / Title 38 / Section 1547
Adjustment, compromise and settlement of claims
Status: in_force

In issuing, funding or refunding bonds under the provisions of this Part, the board of drainage commissioners of any drainage district or sub-drainage district may enter into any agreement or agreements with holders of outstanding bonds or other indebtedness, for the settlement, adjustment, and compromise of all amounts due thereunder or thereupon, as well as to adjust, compromise, and settle any and all claims against any and all bondholders or other persons who may own lands within the drainage district or sub-drainage district, whether growing out of the levy and assessment of acreage taxes against the lands, or otherwise, to the end of causing the redemption of lands located in any drainage district or sub-drainage district theretofore adjudicated to the state, or the drainage or sub-drainage district, all with a view of rehabilitating and reestablishing the integrity of the drainage district or sub-drainage district and placing the lands of the district upon the assessment rolls.
La. Rev. Stat. § 38:1862 — LA Code / Code revised-statutes / Title 38 / Section 1862
Preservation of ballots and returns
Status: in_force

The custodian of the archives or records of the board of commissioners ordering the election shall preserve, for a period of three months from the date of the promulgation of the election, the ballots and other returns thereof.
La. Rev. Stat. § 38:2913 — LA Code / Code revised-statutes / Title 38 / Section 2913
Management of improvements
Status: in_force

The board of commissioners shall have the right to regulate the construction and use of all piers, docks, bridges and other improvements built or erected on any part of the district to be inundated by the proposed lake and shall further have the right to regulate and control the erection of any improvements of any kind whatever within one mile from the 185.0 foot contour shoreline of the proposed lake. The board of commissioners shall have the authority and power to regulate the improvements by the issuance of permits for same and fix a fee for the issuance thereof.

The board of commissioners is authorized to charge an annual fee for the permit to maintain improvements on or within one mile of the shores of the proposed lake.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:455 — LA Code / Code revised-statutes / Title 38 / Section 455
Levy of taxes and local contributions; setting apart amounts necessary; order of payment
Status: in_force

For the purpose of paying the principal of and the interest on the bonds issued under this Subpart, the board of commissioners of the district shall annually levy, in an amount sufficient for these purposes, the taxes and local contributions which the board is authorized and empowered to levy. From the first moneys realized from the taxes and local contributions, the state treasurer shall set apart annually the amounts necessary to pay the principal and interest, and the funds so set apart shall be used for no other purpose. The funds so realized from the taxes and local contribution shall in all cases be applied first to the payment of interest and then to the payment of principal, and as provided in R.S. 38:454, all bonds issued under the provisions of this Subpart shall be accorded the same rank and priority in the application and distribution of the taxes and other revenues as were originally accorded to the bonds, notes, or certificates of indebtedness paid, refunded, or refinanced.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.67 — LA Code / Code revised-statutes / Title 38 / Section 3087.67
Audit
Status: in_force

The district shall be audited pursuant to R.S. 24:513.

Acts 1995, No. 443, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:329.3 — LA Code / Code revised-statutes / Title 38 / Section 329.3
St. Mary Levee District Board of Commissioners; powers and duties
Status: in_force

A. The management and control of the district shall be vested in the board of commissioners of the St. Mary Levee District. In addition to any other powers and duties provided by law, including the power of taxation as provided for in the Constitution of Louisiana, the board shall have the authority to establish, construct, operate or maintain flood control works as they relate to hurricane protection, tidewater flooding, saltwater intrusion and conservation.

B. The board may enter into contracts and agreements of any nature for the purposes of this Chapter with any person or persons, corporation, association, or other entity, including public corporations, port authorities, the state and agencies thereof, levee districts, parishes, other political subdivisions, the United States government and agencies thereof, or any combination thereof, or with instrumentalities of any kind to carry out the purposes of and the powers granted in this Chapter.

C. The board may enter into contracts or other agreements with any person or entity concerning the providing of lands, servitudes, rights-of-way, and relocations, and may engage jointly in the exercise of any power to include the construction, operation, and maintenance of any facilities and improvements for the purpose of the projects under this Chapter.

D. The board shall have the authority to establish, construct, operate or maintain flood control works of all types as they relate to hurricane protection, tidewater flooding, saltwater intrusion and conservation, either in cooperation with one or more parishes, municipalities, or other special districts within its territorial jurisdiction, or upon its own undertaking.

E. The board may buy and sell property, make and execute all contracts, and perform any and all things necessary to carry out the objects of this Chapter, subject to the limitations and duties provided in this Section.

F. For flood and hurricane protection purposes, the board may acquire property by expropriation prior to judgment, in accordance with the provisions of Part V of this Chapter.

G. The board may issue bonds or other debt obligations to construct, acquire, extend, or improve any flood control works authorized by law and to pledge to the payment of the principal and interest of such bonds or debt instruments the proceeds of any district tax or other revenues.

H. The board may enter into an intergovernmental agreement with the Atchafalaya Basin Levee District to reimburse the Atchafalaya Basin Levee District for levee district expenditures made in St. Mary Parish for the benefit of St. Mary Parish.

I.(1) On August 15, 2010, ownership of the following property situated in St. Mary Parish and belonging to the Atchafalya Basin Levee District shall be transferred to the St. Mary Levee District: (a) immovable property; (b) any mineral lease of the levee district on property situated in St. Mary Parish that is not in production or has been in production for more than ten years prior to the date of the transfer; (c) leases, servitudes, rights-of-way, and other property interests that are not mineral leases; and (d) books, records, and documents.

(2) The transfer of ownership set forth in this Subsection shall occur by operation of law and shall be complete without the necessity of any other act, instrument, or deed. However, the St. Mary Levee District shall confect instruments as necessary for filing, recordation, or other purposes, showing the transfer of the property or property interest.

(3) The transfer of the property or property interest shall relieve the Atchafalya Basin Levee District from liability for the property or property interest.

J.(1) All rights and obligations, including but not limited to those belonging to the town of Berwick, the city of Morgan City, and the parish of St. Mary, arising from any and all contractual agreements, including "Acts of Assurances" and "Agreements for Local Cooperation", with the United States Department of the Army and relating to levee, floodwall, and floodgate property, exclusive of drainage pumps, situated within St. Mary Parish, are hereby transferred to the St. Mary Levee District.

(2) The transfer of all rights and obligations set forth in this Subsection shall occur by operation of law and shall be complete without the necessity of any other act, instrument, or deed.

K. The board shall have the authority to serve as the sole nonfederal, local sponsor for all federal levees, floodwalls, and flood control structures situated within St. Mary Parish.

Acts 2007, No. 259, §1, eff. July 1, 2007; Acts 2010, No. 1020, §1; Acts 2015, No. 177, §1.
La. Rev. Stat. § 38:2107 — LA Code / Code revised-statutes / Title 38 / Section 2107
Board of commissioners; qualifications; term; compensation
Status: in_force

All irrigation districts formed or created under the provisions of this Part shall be governed and controlled by five commissioners to be known as a board of commissioners. Each commissioner must be a qualified elector of Louisiana and must reside within the limits of the district. He must be the record owner of lands in the district of an assessed value of two thousand dollars, or must be the representative of some corporation owning lands in the district of an assessed value of two thousand dollars. A representative of a corporation shall be designated to represent the corporation by resolution of the board of directors to that effect. The holding of the office of irrigation commissioner shall not be considered in contemplation of law as dual office holding. No commissioner, unless he is the secretary-treasurer, shall receive compensation for his services, but he shall receive actual expenses while attending to the business of the district.

Commissioners shall serve for a term of four years and until their successors shall have been appointed and shall have qualified. Vacancies in the office of commissioner due to death, resignation, or other cause, shall be filled by the remaining commissioners for the unexpired term.
La. Rev. Stat. § 38:3087.266 — LA Code / Code revised-statutes / Title 38 / Section 3087.266
Rules and regulations
Status: in_force

A. In order to secure the best results for the operation and maintenance of the district and to prevent damage to the district by misuse of any works, improvements, or properties or by the pollution by solid or liquid substance or misuse of the waters of the district or any water body therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To manage and control surface and groundwater levels in the district. Any rule or regulation promulgated by the district pertaining to the management and control of groundwater levels shall be subject to approval by the Water Resources Commission.

(2) To protect and preserve the works, improvements, and properties owned or controlled by the district and prescribe the manner of their use by public corporations and persons.

(3) To prescribe the manner of building bridges, piers, boathouses, seawalls, roads, and fences, including fences for the control of livestock, or other works in, along, or across any public water body.

(4) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any water body therein and the manner in which the water bodies of the district may be used for sewer outlets for disposal of waste.

(5) To prescribe the permissible uses of the water supply provided by water resources in the district and to prevent the pollution or unnecessary waste of such water supply.

(6) To prescribe or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(7) To establish rules and regulations and cause them to be enforced with regard to activities engaged in upon any public water body in the district which are not regulated by the Louisiana Wildlife and Fisheries Commission or the Army Corps of Engineers.

B. Any person who violates the rules and regulations established and promulgated by the board of commissioners pursuant to this Section shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for more than sixty days, or both. Each day of violation shall constitute a separate offense.

Acts 2003, No. 1228, §1; Acts 2012, No. 471, §2.
La. Rev. Stat. § 38:460 — LA Code / Code revised-statutes / Title 38 / Section 460
Enforcement of duties by mandamus
Status: in_force

The performance of the duties imposed by this Subpart upon the boards of commissioners of the levee districts and levee and drainage districts, and upon other officers of this state may be enforced by mandamus at the separate or joint suit of any holder or holders of any of the bonds issued hereunder in the event of the failure on the part of any board or officers to perform their duties.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:480 — LA Code / Code revised-statutes / Title 38 / Section 480
Binding obligation of state
Status: in_force

This Subpart and all other statutes authorizing any levee district or levee and drainage district in the state to levy and collect taxes and local contributions or to issue bonds shall not be repealed or modified to the detriment of the bonds authorized by this Subpart. This obligation not to so repeal or modify the statutes is hereby declared to be binding upon the state and to be a part of the contract of the bonds.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:368 — LA Code / Code revised-statutes / Title 38 / Section 368
Swearing of juror before examination
Status: in_force

Before being examined every prospective juror shall be sworn to answer truthfully such questions as may be propounded to him.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2249 — LA Code / Code revised-statutes / Title 38 / Section 2249
Security in lieu of the amount withheld
Status: in_force

A. Under any contract awarded under the provisions of this Chapter, the contractor may, with written consent of his surety company, from time to time, withdraw the entire amount retained from payments due the contractor pursuant to the terms of the contract, or any portion thereof, by depositing with the state treasurer for state contracts, or the treasurer or secretary of a public entity for other than state contracts, the following security, or a combination thereof, in an amount equal to the amount of funds being withdrawn:

(1) Certificates of deposit issued by commercial banks located in the state of Louisiana. The certificates shall not exceed the maximum dollar amount secured by the Federal Deposit Insurance Corporation. The certificates shall be negotiable, with payment of accrued interest, or shall be accompanied by an irrevocable power of attorney executed by the owner of the certificate in favor of the treasurer of the state or other public entity.

(2) Certificates of deposit issued by savings and loan associations located in the state of Louisiana. The certificates shall not exceed the maximum dollar amount secured by the Federal Deposit Insurance Corporation. The certificates shall be negotiable, with payment of accrued interest, or shall be accompanied by an irrevocable power of attorney executed by the owner of the certificate in favor of the treasurer of the state or other public entity.

B. The treasurer of the state or other public entity shall, after the date of substantial completion of the work, as defined in R.S. 38:2241.1, collect all interest or income on the security deposited and shall, by and with written consent of the contractor's surety, pay such interest or income to the contractor. Prior to the date of substantial completion, all interest or income on the security deposited shall accrue to the state or other public entity.

C. In the event that the contractor shall default in performance of the contract or any portion thereof, the securities deposited by him in lieu of the amount withheld, and all interest or income accruing on said securities may be negotiated or sold by the state or other public entity and the proceeds of said negotiation or sale used as if the proceeds represented the payments withheld under the terms of the contract.

D. The provisions of this Section shall have no effect on the prohibition against the Louisiana Department of Transportation and Development's withholding of payments.

E. The provisions of this Section shall not apply to the office of facility planning and control of the division of administration.

Acts 1991, No. 577, §1, eff. July 16, 1991.
La. Rev. Stat. § 38:1504 — LA Code / Code revised-statutes / Title 38 / Section 1504
Mortgage certificates
Status: in_force

In furnishing a mortgage certificate in the name of any owner of any land located in any drainage or sub-drainage district within any parish, the clerk of court and ex-officio recorder of mortgages of the parish shall not set forth on the mortgage certificate any of the proceedings incident to the organization or bond issue of the drainage or sub-drainage district, but when the tax roll of any drainage or sub-drainage district has been filed with him for record, the clerk of court and ex-officio recorder of mortgages shall set forth on the mortgage certificate any delinquent or unpaid drainage tax owing by the land owner, just as he would report any delinquent state or parish tax on the mortgage certificate.
La. Rev. Stat. § 38:91 — LA Code / Code revised-statutes / Title 38 / Section 91
Creation of the Louisiana Water Resources Information Center
Status: in_force

A. The Department of Transportation and Development, office of engineering, is hereby directed to establish and create a Louisiana Water Resources Information Center to be administered by and housed in the office of engineering and to implement an indexing and data accessing system that will contain, in part, all information past, present, and future for water and water-related resource data so collected by federal, state, and local agencies in the state of Louisiana.

B. The Louisiana Water Resources Information Center, within the Department of Transportation and Development, office of engineering, shall promulgate rules necessary to develop a program that will index or access all water-related resources data from the various host federal, state, and local agencies so as to serve as a central access point for all Louisiana water data, making said data more available, thereby reducing duplication of collection of said water data and increasing its use.

Added by Acts 1983, No. 224, §1; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1 st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:2247 — LA Code / Code revised-statutes / Title 38 / Section 2247
Construction of Part
Status: in_force

A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 38:2242(B), of his right of action on the bond furnished pursuant to this Part, provided that the action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor, except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, the claimant shall, in addition to the notice and recordation required in R.S. 38:2242(B), give written notice to the contractor within forty-five days from the recordation of the notice of acceptance by the owner of the work or notice by the owner of default, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. The notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place that the contractor maintains an office in the state of Louisiana. Except as provided in Subsection B of this Section, nothing in this Part shall be construed to preclude a surety who has furnished such a bond from asserting any defense to the principal obligation that its principal could assert except lack of capacity or discharge in bankruptcy of the principal obligor.

B. The surety shall be obligated and required to issue payment to a materialman for claims by a materialman under the following conditions:

(1) The claim is for material delivered in conformity with material specifications provided in the order for such material.

(2) No sooner than forty-five days after delivery of the material, the materialman sends a notice of nonpayment to the general contractor, the surety, and the owner.

(3) A materialman has not been paid in full on or before ninety days after delivery of the material.

C. If the requirements of Subsection B of this Section are satisfied, the surety shall pay the materialman within ten days after the materialman sends a payment notice to the surety.

D. The claim of a materialman and right to payment as provided in Subsection B of this Section is in addition to and not in derogation of any other rights, claims, or remedies available to a materialman in this Part.

E. Any notice required under this Section shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the last known address of the general contractor, the surety, and the owner. The return receipt indicating that registered mail or certified mail was properly addressed to the last known address of the general contractor, the surety, and the owner and deposited in the United States mail regardless of whether the registered or certified mail was actually delivered, refused, or unclaimed satisfies the notice provision of this Section.

Amended by Acts 1960, No. 117, §1; Acts 1962, No. 16, §1; Acts 1985, No. 244, §1; Acts 2024, No. 761, §1, eff. June 19, 2024.
La. Rev. Stat. § 38:3087.2 — LA Code / Code revised-statutes / Title 38 / Section 3087.2
Location
Status: in_force

The district shall be comprised of the area north of Delhi and south of the Warden community between the eastern edge of the Macon ridge and the west bank of Bayou Macon.

Acts 1992, No. 888, §2, eff. July 8, 1992.
La. Rev. Stat. § 38:2242.1 — LA Code / Code revised-statutes / Title 38 / Section 2242.1
Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens
Status: in_force

A. If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public entity, contractor, or subcontractor, or other interested person may require the person who has filed a statement of claim or privilege to give a written authorization directing the recorder of mortgages to cancel the statement of claim or privilege from his records. The authorization shall be given within ten days after a written request for authorization has been received by the person filing the statement of claim or privilege from a person entitled to demand it.

B. One who, without reasonable cause, fails to deliver written authorization to cancel a statement of claim or privilege as required by Subsection A of this Section shall be liable for damages suffered by the public entity, contractor, subcontractor, or other interested person requesting the authorization as a consequence of the failure and for reasonable attorney's fees incurred in causing the statement to be cancelled.

C. A person who has properly requested written authorization for cancellation shall have an action against the person required to deliver the authorization to obtain a judgment declaring the claim or privilege extinguished and directing the recorder of mortgages to cancel the statement of claim or privilege if the person required to give the authorization fails or refuses to do so within the time required by Subsection A of this Section. The plaintiff may also seek recovery of damages and attorney's fees to which he may be entitled under this Section.

D. The action authorized by this Section may be by summary proceeding and may be brought in the parish where the statement of claim or privilege is recorded.

E. The recorder of mortgages shall cancel a statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement upon the filing with him, by any person, of:

(1) A written request for cancellation, to which is attached a written authorization for cancellation given by the person who filed it; or

(2) A certified copy of an executory judgment declaring the claim or privilege extinguished and directing the cancellation.

F. The effect of filing for recordation of a statement of claim or privilege and the privilege preserved by it shall cease as to third persons unless a notice of lis pendens identifying the suit is filed within one year after the date of filing the claim or privilege. In addition to the requirements of Article 3752 of the Code of Civil Procedure, the notice of lis pendens shall contain a reference to the notice of contract, if one is filed, or a reference to the recorded statement of claim or privilege if a notice of contract is not filed.

Acts 1986, No. 195, §1, eff. June 28, 1986; Acts 1991, No. 543, §1.
La. Rev. Stat. § 38:380 — LA Code / Code revised-statutes / Title 38 / Section 380
Number required for verdict
Status: in_force

In order to reach any verdict, five of the jurors trying the case must concur therein.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2327.3 — LA Code / Code revised-statutes / Title 38 / Section 2327.3
Law enforcement officers; arrests; authority to issue summons for violations; fines
Status: in_force

A. Any person arrested by a Sabine River Authority law enforcement officer in the exercise of his law enforcement authority shall be immediately transferred by such officer to the custody of the sheriff or municipal police agency having jurisdiction where the arrest occurred.

B. Authority law enforcement officers may issue a summons for any violation of the Sabine River Authority Park rules and regulations or any violation of homeland security rules and regulations, as promulgated by the board of commissioners, occurring within the Authority's jurisdiction. Such summons shall be forwarded by the law enforcement division to the appropriate district attorney's office for final disposition.

C. Any violation of the Sabine River Authority Park rules and regulations shall be a misdemeanor offense punishable by a fine of fifty dollars for a first offense and a fine of one hundred dollars for each subsequent offense.

D. All violations of homeland security rules and regulations and entry onto Authority properties or waters in violation of restrictions in place for homeland security threats shall be misdemeanor offenses punishable by a fine of five hundred dollars.

Acts 2005, No. 429, §1.
La. Rev. Stat. § 38:3087.344 — LA Code / Code revised-statutes / Title 38 / Section 3087.344
Board of commissioners, appointment; tenure; vacancies; removal of members; compensation; domicile
Status: in_force

A. The district shall be governed and controlled by a board of five commissioners, each of whom shall be a qualified elector of the district and a resident of Concordia Parish.

B.(1) The members of the board of commissioners shall be appointed by the state legislative delegation representing the parish of Concordia.

(2)(a) The initial members shall be appointed from a list of no more than ten nominations submitted by the police jury of Concordia Parish. The nominees submitted by the police jury shall be selected from a list of no more than fifteen nominations submitted by the Lake St. John Flotilla Committee and the Lake St. John Advisory Board.

(b) The initial members of the board shall serve as follows: three commissioners shall serve two-year terms and two commissioners shall serve four-year terms. Commissioners shall draw lots for their initial terms at the first commission meeting.

(3) After the initial terms, all commissioners shall be appointed for four-year terms.

(4) After the initial appointments, upon expiration of a term of a member of the board of commissioners, the state legislative delegation shall appoint a successor from a list of two names per vacancy submitted by the board of commissioners. A commissioner may not serve more than two consecutive complete or partial terms. Any vacancy in the office of commissioner due to death, resignation, or any other cause other than expiration of a term of office shall be filled by the president of the board with majority approval of the board for the remainder of the unexpired term.

C. Members of the board of commissioners shall receive no compensation for their services.

D. Any member of the board who has accumulated three consecutive unexcused absences or who has neglected his official duties as a commissioner shall be removed for cause. A written recommendation of removal, approved by a majority of the membership of the board, shall be submitted to the appointing authority. Upon receipt of such recommendation, the appointing authority shall remove the commissioner and appoint his successor.

E. The board shall be domiciled within the district boundaries.

Acts 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:511 — LA Code / Code revised-statutes / Title 38 / Section 511
Anticipation of revenues for five years; authority to borrow money and issue certificates of indebtedness
Status: in_force

The boards of commissioners of the duly organized levee districts and levee and drainage districts, in their discretion, may anticipate, for five years in advance of their availability, through the existing processes of law, their annual revenues, by borrowing any sums which in their judgment may be required for the needs of the district, duly recommended and approved by the office of engineering, and issuing certificates of indebtedness, upon the terms they may see fit, at rates of interest as provided in R.S. 39:1421 et seq., or by issuing refunding certificates of indebtedness for the refunding of any outstanding certificates of indebtedness and to secure the certificates by pledge of the revenues of the district for the year or years so anticipated.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:3087.155 — LA Code / Code revised-statutes / Title 38 / Section 3087.155
Management of fish, game, and wildlife
Status: in_force

A. The board of commissioners shall have authority:

(1) To establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by the reservoir.

(2) To license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake, or to refuse to license or permit any commercial establishment to use the facilities provided by the lake.

B. The rules and regulations established and promulgated by the board of commissioners shall provide penalties for any commercial establishment operating without a permit or license.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:219 — LA Code / Code revised-statutes / Title 38 / Section 219
Obstruction of drainage channels prohibited
Status: in_force

No person shall:

(1) Obstruct drainage channels by bridging them except in accordance with plans, specifications and instructions prescribed by the levee or drainage district;

(2) Construct dams, locks, or gates in drainage channels;

(3) Extend fences of wire or any other material across drainage channels;

(4) Establish fording places, water places or approaches for stock across drainage channels;

(5) Anchor rafts, crafts, fish traps, fish cars, and other obstacles in the channel;

(6) Drain into channels by natural or artificial inlets except under regulations prescribed by the district;

(7) Float timber in the channels;

(8) Use the channels for transportation or navigation except under authority of and agreement with the levee or drainage districts;

(9) In any manner obstruct drainage channels or violate any of the rules or regulations adopted and promulgated by the levee or drainage districts for preserving and maintaining the efficiency of the drainage channels in their districts.

Whoever violates this Section shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
La. Rev. Stat. § 38:3103 — LA Code / Code revised-statutes / Title 38 / Section 3103
Relocation services
Status: in_force

The agency may provide a relocation advisory assistance program which may include such measures, facilities, or services as may be necessary or appropriate in order:

(1) To determine the needs, if any, of displaced persons for relocation assistance;

(2) To assure that, within a reasonable period of time, prior to displacement there will be available, to the extent that can be reasonably accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, housing meeting the standards established by the agency head for decent, safe, and sanitary dwellings, equal in number to the number of, and available to, such displaced persons and reasonably accessible to their places of employment; except that the agency head may prescribe by regulation for instances where such requirements may be waived.

(3) To assist a displaced person displaced from his business or farm operation in obtaining and becoming established in suitable replacement locations;

(4) To supply current and continuing information concerning the Federal Housing Administration home acquisition program under Section 221(d)(2) of the National Housing Act, 1 the small business disaster loan program under Section 7(b)(3) of the Small Business Act, 2 and other programs of this State or the Federal Government, and information concerning availability, prices and rentals of comparable housing and commercial properties.

Added by Acts 1971, No. 116, §1, emerg. eff. June 14, 1971.

1 12 U.S.C.A. §1715 L (d)(2).

2 15 U.S.C.A. §636(b)(3).
La. Rev. Stat. § 38:3087.55 — LA Code / Code revised-statutes / Title 38 / Section 3087.55
Oath
Status: in_force

Before entering upon his official duties each member of the board of commissioners shall take the oath of office provided by Article X, Section 30 of the Constitution of Louisiana before an officer authorized by law to administer oaths.

Acts 1995, No. 443, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:1674.11 — LA Code / Code revised-statutes / Title 38 / Section 1674.11
Arrangements under Local Services Law
Status: in_force

The district, through its board of commissioners, may engage jointly in the exercise of any power, the making of any improvement, or the promotion and maintenance of any undertaking authorized under this Part, with any one or more special districts or other political subdivisions of this state and all of such arrangements shall be undertaken and concluded under the provisions of the Local Services Law (R.S. 33:1321 et seq.).

Added by Acts 1970, No. 617, §5.
La. Rev. Stat. § 38:2912 — LA Code / Code revised-statutes / Title 38 / Section 2912
Management of fish, game, and wildlife
Status: in_force

A, B, C. REPEALED BY ACTS 1993, NO. 830, §2.

D. The board of commissioners shall have authority to establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by the lake or its watershed; to license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake, or to refuse to license or permit any commercial establishment to use the facilities provided by the lake.

E. The rules and regulations established and promulgated by the board of commissioners shall provide penalties for any commercial establishment operating without a permit or license, and the rules and regulations shall be enforced by the sheriff and violations thereof prosecuted by the district attorney of the judicial district within which the watershed district is situated, as hereinabove provided.

Added by Acts 1968, No. 589, §1; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:2609 — LA Code / Code revised-statutes / Title 38 / Section 2609
Parks, playgrounds and picnic areas for use of district facilities
Status: in_force

The district shall have the authority to create, construct and administer such recreational parks, playgrounds and picnic areas as the board shall consider necessary for the use and enjoyment of any water facility owned or controlled by the district and shall provide adequate access to any lake or reservoir created by the district for the use of the public.

Added by Acts 1958, No. 292, §9. Amended by Acts 1966, No. 198, §2.
La. Rev. Stat. § 38:2909 — LA Code / Code revised-statutes / Title 38 / Section 2909
Constructions which would impede flow of water in watershed prohibited; pollution defined and prohibited; penalties fixed for violations
Status: in_force

A. No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or water course which will affect the proposed lake until a copy of the plans thereof has been filed with the board of commissioners for approval.

Whoever violates this subsection shall be fined not less than five hundred dollars or more than one thousand dollars or imprisoned for not less than thirty days, nor more than sixty days, or both.

B. No person shall knowingly and willfully empty or drain into, or permit to be drained from any pumps, reservoirs, wells or oil fields into any stream or drain constituting the watershed of the proposed lake or from any stream within said district into the said reservoir any oil, salt water or other noxious or poisonous gases or substances which would render the water unfit for irrigation purposes or would destroy aquatic and fish life in the streams.

Whoever violates this subsection shall be fined not less than one hundred dollars or more than two hundred dollars or imprisoned for not less than thirty days nor more than three months.

Each and every day that oil, salt water or other substances are permitted to flow into natural streams or drains which constitute the watershed of the proposed lake shall constitute a separate and distinct offense.

C. No person shall:

(1) Obstruct drainage channels which compose any drain or stream flowing into the proposed lake by bridging them except in accordance with plans, specifications and instructions prescribed by the board of commissioners of the district.

(2) Construct dams, locks, or gates in drainage channels of the said watershed of the proposed lake without permission of the commission.

(3) Extend fences of wire or any other material across drainage channels into and forming a part of the watershed of the proposed lake.

(4) Anchor rafts, crafts, fish traps, fish cars and other obstacles in the channel of any stream, drain or natural flow of the feeder streams of the watershed of the proposed lake.

(5) Drain into channels by natural or artificial inlets except under regulations prescribed by the board of commissioners.

(6) Float timber in the watershed of the proposed lake.

(7) Use the channels for transportation or navigation except under authority of and agreement with the board of commissioners.

(8) In any manner obstruct drainage channels, natural flow drains or natural flowage or violate any of the rules or regulations adopted and promulgated by the board of commissioners for preserving and maintaining the efficiency of the drainage channels in the district.

Whoever violates this subsection shall be fined not less than two hundred and fifty dollars or more than five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both.

D. No proprietor, owner, lessee or possessor of land abutting upon the reservoir of the proposed lake or upon any public road paralleling the water line or contiguous to the reservoir of the proposed lake shall in any manner close or place any obstruction in the drains or ditches, whether on private property or on the public road or levee adjacent to the road which will in any manner interfere with the effective, through and continuous drainage into the reservoir.

Whoever violates this subsection shall be fined not less than two hundred and fifty dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both.

The sheriff of the parish, in addition to his other duties, is charged with the responsibility of aiding and assisting the commission in the enforcement of all rules and regulations adopted in accordance herewith.

E. The district attorney of the judicial district within which the watershed district is situated is hereby designated as the proper official and charged with the responsibility of the prosecution of all violations of the rules and regulations adopted by the said commission in pursuance hereto.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:3309 — LA Code / Code revised-statutes / Title 38 / Section 3309
Authority to levy
Status: in_force

For the purpose of providing revenue to carry out the objects contemplated by this Chapter, the board of commissioners may levy on all property in the district, or on all property within the Comite River Diversion Canal Impact Area, subject to taxation for drainage purposes, a district drainage tax. The tax shall not be levied unless the proposition to levy the tax is approved by a majority of the electors of the district, or by a majority of the electors of the Comite River Diversion Canal Impact Area if limited to such area, who vote on the proposition.

HCR NO. 1, 1989 R.S.; Acts 1989, 2nd Ex. Sess., No. 1, §1, eff. July 14, 1989; Acts 1999, No. 1045, §1, eff. July 1, 1999; Acts 2022, No. 490, §1, eff. June 16, 2022.
La. Rev. Stat. § 38:90.15 — LA Code / Code revised-statutes / Title 38 / Section 90.15
Report of any misuse of funds
Status: in_force

Upon audit of the monies expended by any recipient authority for projects in the Statewide Flood Control Program, if the legislative auditor determines that all expenditures have not been made in accordance with this Chapter, he shall promptly report the facts of such expenditure to the Legislative Audit Advisory Council. The council shall make further investigation of the matter as it deems necessary.

Added by Acts 1982, No. 351, §1.
La. Rev. Stat. § 38:3087.117 — LA Code / Code revised-statutes / Title 38 / Section 3087.117
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, acquire by donation, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.

(2) Acquire servitudes and rights of use by purchase, by donation, and by assignment for the district or otherwise.

(3) Assist in conserving soil and water and in developing the water resources of the district, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(4) Cooperate with the state Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct any ditch, channel improvement, dike, dam, or levee, and repair, improve, and maintain any of said improvements or structures.

(5) Manage and control the water level and growth of aquatic plants in the lake.

(6) Employ secretarial, clerical, and other such personnel as may be necessary in the operation of the business of the district and fix their compensation; employ engineers, attorneys, and other professional personnel as necessary and fix their compensation.

(7) Levy taxes, issue bonds, and incur indebtedness within the limitations prescribed by the constitution and laws of Louisiana, and in the manner prescribed thereby.

(8) Cooperate and contract with persons, firms, associations, partnerships, private corporations, cities of this state, or other public corporations, and with any other local, state, and governmental agencies for the sale or use of any waters impounded by the district.

(9) Grant franchises to telephone, telegraph, cable, and electric power companies and grant franchises for the purposes of laying gas, sewer, electricity, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, and electricity, when such construction is within the district.

(10) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by said commission.

(11) Do and perform any and all things necessary or incidental to the fulfillment of the purposes for which the district is created.

B. The Black River Lake Recreation and Water Conservation District shall have, with respect to the improvements and maintenance of the district, the advice of the Department of Transportation and Development, and it shall request from time to time the assistance of the department to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of said district may request.

C. The district is hereby authorized to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the district.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest, when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment rolls of record in Concordia and Catahoula parishes.

(3) The district shall have additional authority to levy taxes under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, providing any such tax shall first be approved at an election held for said purpose in accordance with the Louisiana Election Code.

(4) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessors of Concordia and Catahoula parishes on or before the first of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessors to assess the tax and extend the same upon the tax rolls of their respective parishes. The tax shall be collected by the sheriff and ex officio tax collector of Concordia or Catahoula Parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute the same liens upon the property assessed, shall bear the same penalties, and collection thereof shall be enforced in the same manner and at the same time as parish taxes.

Acts 1999, No. 588, §1.
La. Rev. Stat. § 38:330.3 — LA Code / Code revised-statutes / Title 38 / Section 330.3
Levee district and board reorganization; transfer of authority; obligations; taxes; lands
Status: in_force

A.(1)(a) Any legal proceeding to which the East Jefferson Levee District, Lake Borgne Basin Levee District, Orleans Levee District, or West Jefferson Levee District is a party and which is filed, initiated, or pending before any court on January 1, 2007, and all documents involved in or affected by said legal proceeding, shall retain its effectiveness and shall be continued in the name of the district. Other than the district or districts originally named as party to the proceedings, neither an authority or district within the territorial jurisdiction of the authority shall have any liability for actions pending or claims arising prior to the effective date of this Section.

(b) Neither an authority nor any district within the territorial jurisdiction of the authority shall have any liability for actions or claims other than the district against which the actions or claims arise.

(c) Except as provided in this Subparagraph, Paragraph (B)(4) of this Section, and R.S. 38:330.8(B), no provision of law providing the Southeast Louisiana Flood Protection Authority-East or Southeast Louisiana Flood Protection Authority-West Bank with any authority over and management, oversight, and control of the areas and levee districts provided for in R.S. 38:330.2(A) shall be construed or interpreted to make the taxes levied by, or other revenue of, a levee district within the territorial jurisdiction of the authority payable for the liability of another levee district, or for any liability of the authority when acting on behalf of another levee district. Notwithstanding any other provision of law to the contrary, taxes and other revenues generated in one or more levee districts within the jurisdiction of a levee authority may be used within any portion of the territorial jurisdiction of the authority if use of the funds will benefit all or a portion of the authority and the levee districts from which the taxes or revenues are generated.

(2) All obligations and unfinished business of the East Jefferson Levee District, Lake Borgne Basin Levee District, Orleans Levee District, and West Jefferson Levee District shall be managed on behalf of the districts by the appropriate authority.

(3) All outstanding indebtedness of the East Jefferson Levee District, Lake Borgne Basin Levee District, Orleans Levee District, and West Jefferson Levee District shall remain with the district and shall not be a liability of any authority.

B.(1) The proceeds of all taxes collected on all property taxed in the parishes of Jefferson, Orleans, and St. Bernard for the purpose of constructing and maintaining levees, levee drainage, flood protection, hurricane flood protection, and for all other purposes incidental thereto, by or on behalf of the Algiers Levee District, East Jefferson Levee District, Lake Borgne Basin Levee District, Orleans Levee District, or West Jefferson Levee District and, except as provided in R.S. 38:330.12, any other revenue from operations of such districts shall be administered by the board of commissioners of the applicable flood protection authority; however, the taxes and other revenues of each such levee district shall only be used and expended for the purposes of such district.

(2) The proceeds from a tax levied, or revenue received, by an authority or a levee district may only be used or expended for a purpose of the authority or levee district where the tax is levied and revenue is collected.

(3) The proceeds of such taxes collected shall be deposited into a separate account established in the name of the authority or district in which the taxes are levied and collected. There shall be no commingling of funds in such accounts.

(4) Notwithstanding any other provision of law to the contrary, taxes and other revenues generated in one or more levee districts within the jurisdiction of a levee authority may be used within any portion of the territorial jurisdiction of the authority if use of the funds will benefit all or a portion of the authority and the levee districts from which the taxes and revenues are generated.

C.(1) Any books, records, documents, funds, movable property, lands or immovable property owned by the Algiers Levee District, East Jefferson Levee District, Lake Borgne Basin Levee District, Orleans Levee District, and West Jefferson Levee District shall be retained as property of the respective levee district in which such property is situated, but shall be managed by the applicable flood protection authority, except as provided in R.S. 38:330.12.

(2) Except as provided in R.S. 38:330.12, any property acquired or improvements constructed with funds of a levee district within the territorial jurisdiction of the authority and all income derived from property or improvements owned by the levee district shall belong to the levee district, but shall be managed by the authority.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2007, No. 475, §1, eff. July 12, 2007; Acts 2021, No. 90, §1.
La. Rev. Stat. § 38:3087.99 — LA Code / Code revised-statutes / Title 38 / Section 3087.99
Rules and regulations
Status: in_force

In order to accomplish the purposes of the district to manage and control water levels and the growth of aquatic plants and to protect the works, improvements, and property of the district, both immovable and movable; to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage to the district by misuse of any works, improvements, or properties or by the pollution by solid or liquid substance or misuse of the waters of the district or any watercourse therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To manage and control the water level and the growth of aquatic plants in the lakes.

(2) To protect and preserve the works, improvements, and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto.

(3) To prescribe the manner of building bridges, piers, boathouses, seawalls, roads, and fences, including fences for the control of livestock or other works in, along, or across any channel or extending into the lake.

(4) To prescribe the manner in which natural or artificial drains, ditches, sewers, pipelines, or other works shall be adjusted to or connected with the works of the district or any watercourse therein and the manner in which the watercourses of the district may be used for sewer outlets for disposal of waste.

(5) To prescribe the permissible uses of the water supply provided by the lake and to prevent the pollution or unnecessary waste of such water supply.

(6) To prescribe or regulate the discharge into sewers of the district of any liquid or solid waste deemed detrimental to the works and improvements of the district.

(7) To establish rules and regulations and cause them to be enforced with regard to activities engaged in upon Lake Bruin and Brushy Lake which are not regulated by the Louisiana Wildlife and Fisheries Commission.

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:1522 — LA Code / Code revised-statutes / Title 38 / Section 1522
Form of pledge; filing; rights of pledgees
Status: in_force

The pledge shall be either by notarial act or by act under private signature, duly acknowledged, and a copy thereof shall be filed with the fiscal agent of the drainage district, and another copy shall be filed with the State Auditor. Upon filing, the pledgee shall be entitled to payment of the sums advanced upon the pledge, out of the revenues of the current year as collected, by preference and priority over all persons whatsoever, subject only to the legal rights of the holders of any bonds theretofore issued by the drainage district.
La. Rev. Stat. § 38:2196 — LA Code / Code revised-statutes / Title 38 / Section 2196
Public contracts; certain provisions invalid
Status: in_force

A. The legislature finds that, with respect to public contracts involving the state or a political subdivision of the state, when the work is to be done in this state, or the services are to be provided or the materials are to be supplied in this state, provisions in such agreements requiring disputes arising thereunder to be resolved in a forum outside of this state or requiring their interpretation to be governed by the laws of another jurisdiction are inequitable and against the public policy of this state.

B. The legislature hereby declares null and void and unenforceable as against public policy any provision in a public contract, as described in Subsection A, which requires either of the following:

(1) That a suit or arbitration proceeding must be brought in a forum or jurisdiction outside of this state, instead of being pursued in accordance with the laws of this state governing such actions.

(2) That the agreement must be interpreted according to the laws of another jurisdiction.

C. The provisions of this Section apply to public contracts, as described in Subsection A, entered into on or after June 5, 1992.

D. The governing authority of the state or a political subdivision may waive the prohibition of enforceability provision of this Section and comply with such contractual provisions upon a determination that to do so would be in the best interest of the state or political subdivision.

Acts 1992, No. 75, §1, eff. June 5, 1992.
La. Rev. Stat. § 38:3008 — LA Code / Code revised-statutes / Title 38 / Section 3008
Rules and regulations
Status: in_force

In order to accomplish the purposes of the district, to protect the works, improvements and property of the district, both real and personal; to secure the best results from the construction, operation and maintenance thereof, and to prevent damage to the district by misuse of any works, improvements or properties or by the pollution or misuse of the waters of the district or any water course therein, the board of commissioners may make and enforce such rules and regulations as it shall deem necessary and advisable:

(1) To protect and preserve the works, improvements and properties owned or controlled by the district, prescribe the manner of their use by public corporations and persons, and preserve order within and adjacent thereto;

(2) To prescribe the manner of building bridges, roads, or fences, or other works in, along or across any channel, reservoir or other construction of the district;

(3) To prescribe the manner in which ditches, sewers, pipelines or other works shall be adjusted to or connected with the works of the district or any water course therein and the manner in which the water courses of the district may be used for sewer outlets or for disposal of waste.

(4) To prescribe the permissible uses of the water supply, provided by the impoundments constructed, and to prevent the pollution or unnecessary waste of such water supply;

(5) REPEALED BY ACTS 1993, NO. 830, §2.

Added by Acts 1970, No. 600, §1; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:1637 — LA Code / Code revised-statutes / Title 38 / Section 1637
Sale of land for delinquent taxes
Status: in_force

In the event any land or property subject to a tax lien for drainage taxes imposed by this Part shall be adjudicated to the state or any state subdivision or to any parish or municipality for non-payment of taxes, the land shall not be liable to the drainage district taxes while owned by the state or by any subdivision thereof, or by such parish or municipality, but after the property has been disposed of, it shall be subject to all installments of drainage district taxes, and assessments made for maintenance thereafter accumulating. If the property is redeemed from any tax sale, the person redeeming shall pay all installments of drainage district taxes and assessments made for maintenance due on the property, including those for the year for which the property was adjudicated.

At any sale for delinquent taxes of any property liable for drainage district taxes imposed under the provisions of this Part, the board of commissioners of the drainage district in which the property is situated may purchase the property in the same manner as any other bidder. In the event that the property is being sold for drainage district taxes only, the property, in default of other bidders, shall be adjudicated to the drainage district levying the taxes, and shall be held by it in the same manner as the state holds property adjudicated to it for non-payment of taxes. All property adjudicated for taxes to any drainage district shall be liable for state and parish taxes while so held by the drainage district.
La. Rev. Stat. § 38:3087.163 — LA Code / Code revised-statutes / Title 38 / Section 3087.163
District as political subdivision and body corporate; purpose and powers
Status: in_force

The district so created shall be a political subdivision of the state of Louisiana which shall have for its purpose the development of the wealth and natural resources of the district by the conservation of soil and water for agricultural, recreational, commercial, industrial, and sanitary purposes. The creation and maintenance of a lake within the district shall be for such purposes.

Acts 2001, No. 475, §1.
La. Rev. Stat. § 38:2314.1 — LA Code / Code revised-statutes / Title 38 / Section 2314.1
Arbitration
Status: in_force

Any contract for professional design services entered into by the state shall require that all claims, disputes, and other matters arising from that contract shall, at the option of the state, be decided by arbitration. To the extent possible, such arbitration proceedings shall be conducted in accordance with the Construction Industry Association rules of the American Arbitration Association. Any such arbitration proceeding shall, at the option of the state, be consolidated with or joined to other arbitration proceedings between the state and other persons or entities under contract with the state for the construction, repair, or alteration of the project in question. This Section shall not be limited by R.S. 38:2316.

Added by Acts 1982, No. 599, §1.
La. Rev. Stat. § 38:1867 — LA Code / Code revised-statutes / Title 38 / Section 1867
Contest of legality of proceedings
Status: in_force

For a period of sixty days from the date of the promulgation of the result of any election held under the provisions of this Part, any person in interest may contest the legality of the election, the assumption of debt provided hereunder or the tax authorized, for any cause. After this time, no one shall have any cause or right of action to contest the legality, formality, or regularity of the election, debt assumption, or tax levy, for any cause whatsoever. If the validity of any election, debt assumption, or tax levy authorized or provided for under the provisions of this Part is not raised within the sixty days herein prescribed, the authority to assume the debt, the regularity thereof and of the taxes necessary to pay the debt shall be conclusively presumed and no court shall have authority to inquire into the matters. If any resolution be adopted or proceeding had more than thirty days after the promulgation of the result of the election, no contest, action, or proceeding to question the authority of legality of the resolution or proceeding so adopted shall be begun in any court by any person for any cause whatsoever, after the expiration of thirty days from the date when the resolution was adopted or proceeding had.
La. Rev. Stat. § 38:301.2 — LA Code / Code revised-statutes / Title 38 / Section 301.2
Revised Statutes 301.2
Status: in_force

§§301.2 to 301.45. Repealed by Acts 1985, No. 785, eff. July 22, 1985.
La. Rev. Stat. § 38:110 — LA Code / Code revised-statutes / Title 38 / Section 110
Construction of Chapter; controlling law
Status: in_force

To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.

Acts 1997, No. 698, §1, eff. July 7, 1997.
La. Rev. Stat. § 38:2360 — LA Code / Code revised-statutes / Title 38 / Section 2360
Infrastructure priority program; applications; evaluations
Status: in_force

A. Applications for funding of any infrastructure project may be submitted by any political subdivision of the state. For any infrastructure projects, applications shall be made to the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board by November first of each year for consideration of funding in the following fiscal year. Applications submitted in accordance with the provisions of this Section shall not be subject to the provisions of R.S. 39:101. Agencies submitting applications for projects in this program shall be responsible for preparation of applications for their respective projects. Information to be provided in the application shall include but not be limited to the following:

(1) Demonstration of need for the project and benefits of the project.

(2) Preliminary project design and cost estimate.

(3) Description of project area including the geographical area affected, and land ownership information.

(4) Description of how the project is consistent with the priorities of the master plan and how the project will address mitigation issues.

B. Project applications shall not be subjected to formal review and evaluation until the information required in the application has been submitted or is determined to be unavailable.

C. The applications submitted by agencies shall be evaluated by the board which shall hold no less than three public hearings in separate locations within the upland area for the purpose of receiving public testimony and comment from requesting authorities and citizens regarding the proposed infrastructure projects. Such hearings may be held at the same time and location as hearings set for public comment on the annual plan. The authority shall prioritize and rank such applications. The authority shall provide its application evaluations to the board.

D. Based upon the evaluations of the authority, the board may compile a list of infrastructure projects to be formally included in the annual plan.

Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:2906 — LA Code / Code revised-statutes / Title 38 / Section 2906
Election of officers; record book, public inspection
Status: in_force

Immediately after the commissioners have been appointed by the Jackson Parish Police Jury, or as soon thereafter as practicable, the commissioners shall meet and immediately organize by electing officers as follows: They shall elect from among their number a president, who shall preside over the meetings of the board and perform such other duties as are usually required of presidents of corporate bodies, and also a vice president, who shall perform the duties of the president in case of his absence or disability.

The board shall cause to be kept a well-bound book entitled "Record Book of Jackson Parish Watershed District," in which shall be recorded the minutes of all meetings, all proceedings, certificates, oaths of commissioners, bonds of employees and contractors, and any and all corporate acts. The records shall be in the possession of the secretary of the board and shall be open to public inspection at all times by any person interested.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:2610 — LA Code / Code revised-statutes / Title 38 / Section 2610
Engineering services by Department of Public Works
Status: in_force

The Department of Public Works, State of Louisiana, shall furnish to the district such engineering services as it shall require and may cooperate with the district in the construction of any work or facility considered necessary by the district and said department to the purposes of the district. Any moneys appropriated by the state or said department shall be expended under the supervisory control of said department and the board of commissioners of the district may by appropriate contract subject any project to the supervisory control of said department.

Added by Acts 1958, No. 292, §10. Amended by Acts 1966, No. 198, §3.
La. Rev. Stat. § 38:1674.13 — LA Code / Code revised-statutes / Title 38 / Section 1674.13
Parishes adjoining Lake Maurepas or Lake Pontchartrain; report of costs; assessments
Status: in_force

A. In any parish adjoining Lake Maurepas or Lake Pontchartrain, upon the award of the contract as provided in R.S. 38:1674.12 the treasurer of the board of commissioners shall prepare a report showing the total cost of the improvements, including a reasonable amount for engineering fees, legal fees, contingencies and all other expenses incidental to the cost, which report shall also show the amount chargeable to each assessable lot or parcel of real estate in the assessment area of the district in accordance with the provisions of the resolution of intention required by R.S. 38:1674.12.

B. Thereafter, there shall be introduced at a regular meeting or at a special meeting of the board an ordinance levying a local or special assessment on each assessable lot or parcel of real estate in the assessment area of the district in the amount chargeable to it. No action shall be taken on final adoption of such ordinance during the three weeks immediately after its introduction. Such ordinance shall be introduced substantially in the form in which it is finally passed, and shall remain on file with the secretary of the board for public inspection at least two weeks prior to the final adoption thereof. Notice of the time at which the board proposes to take final action thereon shall be published once in a newspaper published within the district; or, if there be none, in some newspaper published in the parish wherein the district is located, at least one week prior to the final adoption thereof.

C. Written notice of the introduction of such resolution shall be given to each owner of each assessable lot or parcel of real estate in the assessment area of the district, which notice shall contain a general description of the project or improvement, the amount of the assessment, and the terms of paying therefor. The notice shall be given by depositing the written notice in the United States mail, postage prepaid, and addressed to the owners of each assessable lot or parcel of real estate at the address as it appears on the last approved tax roll on the property to be assessed, and said notice shall be mailed at least ten days prior to the date on which the board proposes to take final action thereon. The certificate of the secretary of the board certifying that the requirements as to notice have been fulfilled shall establish a conclusive legal presumption that the notice requirements of this Section have been legally satisfied.

D. On the date designated for final adoption, the board shall then adopt the ordinance levying a local or special assessment on each assessable lot or parcel of real estate in the amount chargeable to it, and the total of all such special assessments shall represent the total cost of said improvements as set forth in the treasurer's report, less that part of the total cost, if any, to be provided from any other source; however, such assessments shall be levied only on the real estate which the board determines is to be improved or benefited by the construction of said improvements.

E. The amounts assessed in said ordinance shall be due and collectible immediately on its passage, and if not paid within thirty days from the date of the adoption of said ordinance, it shall be conclusively presumed that any property owner whose property is affected thereby exercises the right and option, which is hereby authorized, to pay the amount due in equal annual installments, bearing interest at a rate or rates not exceeding the maximum rate provided for conventional interest by law and extending over a period not to exceed twenty years, all within the discretion of the board, and as provided for in the ordinance levying such local or special assessments. The first installment shall become due on December 31st of the current year, and annually thereafter. The failure to pay any installment or the interest thereon when due shall ipso facto cause all other installments and interest thereon to become due and payable and the district shall, within thirty days from the date of such default, proceed against the property for the collection of the total amount due thereon, including interest, plus ten percent additional on the unpaid principal and interest as attorneys' fees.

F. A certified copy of the ordinance levying the local or special assessments shall be filed with the clerk of court in the parish in which the drainage district is situated. The ordinance shall be recorded in the mortgage records of the parish, and shall operate as a lien and privilege against the assessed property, and shall prime all other claims except ad valorem taxes. The payments made in cash shall be expended for no purpose other than for the payment of the cost of said improvements.

G. In order to operate and maintain any drainage facilities financed, in whole or in part, by the levy of local or special assessments as herein provided, the board of commissioners may impose annually an acreage tax in an amount not to exceed one hundred dollars on each acre of land in the district and assessment area except that the high lands shall pay an amount equal to twenty percent of such annual acreage tax as levied against each acre or square foot of the undrained lands in the assessment area. The tax shall be imposed in compliance with the provisions of Article XV, Section 1 of the Constitution of the State of Louisiana for the year 1921, as amended, which is continued as a statute 1 by Article XIV, Section 16(A) 11 of the Louisiana Constitution of 1974, and shall be collected in the manner set forth in R.S. 38:1633.

H. The provisions of this Section shall apply only to contracts awarded under the provisions of R.S. 38:1674.12, and shall not apply to contracts awarded under any other provisions of this Part which apply to parishes adjoining Lake Maurepas or Lake Pontchartrain.

Added by Acts 1979, No. 712, §2, eff. July 20, 1979.

1 R.S. 38:1619.
La. Rev. Stat. § 38:342 — LA Code / Code revised-statutes / Title 38 / Section 342
Certain levee boards; authority for set-aside procurement from small businesses
Status: in_force

A. Notwithstanding any other provision of law, the levee board of any parish having a population in excess of four hundred seventy-five thousand according to the latest regular federal census for which the official figures have been made public is hereby authorized and empowered for each fiscal year to designate and set aside for awarding to small businesses, excluding construction, as defined in R.S. 39:1732, an amount equal to at least ten percent of the value of budgeted local procurement of goods and services.

B.(1) The levee boards may for each fiscal year designate and set aside for awarding to small businesses an amount not to exceed ten percent of the value of budgeted total procurement of goods and services, excluding construction. The procurements so designated shall be divided into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses. In making the annual designation of set-aside procurements, an attempt shall be made to vary the included procurements so that a variety of goods and services produced by different small businesses may be set aside each year. The failure to set aside particular procurements shall not be deemed to prohibit or discourage smaller businesses from seeking the procurement award through the normal solicitation and bidding processes.

(2) Prior to implementing the foregoing, each affected levee board shall establish a contract procedure for the awarding of a procurement contract under the set-aside program that shall take into consideration the production and financial capacity and technical competence of such business.

(3) Before making a set-aside award, an evaluation shall be made to determine whether the small business scheduled to receive the award is able to perform the set-aside contract.

(4) At least ten percent of the value of the procurements designated for set-aside awards shall be awarded, if possible, to businesses, owned and operated by socially or economically disadvantaged persons. In the event small businesses owned and operated by socially or economically disadvantaged persons, as defined in R.S. 39:1732(4), are unable to bid or fulfill at least ten percent of the set-aside awards, then the balance of the set-aside contracts shall be awarded to other small businesses.

(5) At least ten percent of the value of the procurement contracts designated for set-aside awards shall be awarded, if possible, to businesses owned and operated by women, as defined in R.S. 39:1732(5). In the event small businesses owned and operated by women are unable to bid or fulfill at least ten percent of the set-aside award contracts, then the balance of the set-aside contracts shall be awarded to other small businesses.

(6) All laws and rules pertaining to solicitations, bid evaluations, contract awards, and other procurement matters shall apply to procurements set aside for small businesses.

C. In order to implement the provisions hereof, each affected levee board shall adopt rules, standards, and procedures for certifying that small businesses, small businesses owned and operated by socially or economically disadvantaged persons, and small businesses owned and operated by women are eligible to participate under the requirements of this Section. The procedure for determination of eligibility may include self certification by a business, provided that the board retains the ability to verify a self certification. Other rules as may be necessary to carry out the duties set out in this Section may also be adopted.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1991, No. 289, §11.
La. Rev. Stat. § 38:321.1 — LA Code / Code revised-statutes / Title 38 / Section 321.1
Additional procurement methods; state of Louisiana and political subdivisions of the state
Status: in_force

A. In addition to the procurement methods available to all political subdivisions, as an alternate cost-effective means of acquiring materials, supplies, vehicles, and equipment, the state of Louisiana and any levee district, levee drainage district, municipality, parish, or other political subdivision of the state may purchase these items through an existing public contract of another political subdivision within one year of the opening of bids, provided that the following conditions are met:

(1) The contract was bid in compliance with R.S. 38:2211 et seq.

(2) The total purchases on the contract do not exceed two times what was purchased by the political subdivision bidding the contract.

(3) The written consent of the political subdivision which bid the contract is obtained, as well as the contract number, and if applicable, the resolution accepting the contract.

(4) The vendor agrees to the additional purchase.

(5) The vendor, product, materials, supplies, vehicles, or equipment are identical to those specified in the existing public contract of the other political subdivision, and the price is the same as the original contract price.

B. The state of Louisiana and any levee district, levee drainage district, municipality, parish, or other political subdivision of the state may rely on a certificate of the political subdivision that the contract was bid in compliance with state law.

C. A state agency or any local government agency may rely on a certificate of the office of state procurement that the contract bid is also in compliance with Title 39 of the Louisiana Revised Statutes of 1950, and has been adopted as a statewide cooperative contract pursuant to the cooperative purchase provisions of R.S. 39:1702 et seq.

Acts 2011, No. 371, §1; Acts 2016, No. 510, §1.
La. Rev. Stat. § 38:2313 — LA Code / Code revised-statutes / Title 38 / Section 2313
Selection of persons for professional services; participation in mentor-protégé program
Status: in_force

A. Each person who is to be retained or employed to perform professional services by an agency shall be selected by the boards from properly licensed architects, engineers, and landscape architects. Each of the boards shall consider those persons who make application for employment on any particular project.

B. The following guides, among other factors that the boards may deem appropriate, shall be used by the boards in selecting persons for professional services:

(1) Professional training and experience, both generally and in relation to the type and magnitude of work required for the particular project;

(2) Capacity for timely completion of the work, taking into consideration the person's or firm's current and projected workload and professional and support manpower;

(3) Past and current professional accomplishments, for which opinions of clients or former clients and information gathered by inspection of current or recent projects may be considered;

(4) The nature, quantity, and value of agency work previously performed and presently being performed by the person after the effective date of this Part, it being generally desirable to allocate such work among persons who are desirous and qualified to perform such work.

(5) Past performance on public projects, including any problems with time delays, cost overruns, and design inadequacies for which the designer was held to be at fault, involved in prior projects as evidenced by documentation provided by the Facility Planning and Control Department of the office of the governor;

(6) An analysis provided by the Facility Planning and Control Department of the office of the governor of whether problems as indicated in Paragraph (5) of this Subsection resulted in litigation between the public entity and the person performing professional services, particularly if the designer is currently involved in unsettled litigation with a public entity or has been involved in litigation with a public entity where the public entity prevailed.

(7) The geographic proximity of the physical location of the office of the otherwise qualified applicant to the physical location of the job or project.

C. The boards may, for each individual job or project, establish those qualifications and guidelines they deem necessary to select the person to be retained or employed for such job or project.

D. The boards shall make their selections of persons for a project within sixty days after notification by the Division of Administration as required herein.

E. Nothing in this Section shall be interpreted as denying the right of the prime professional to select, with the approval of the head of the facility planning and control department, the person or persons to perform supplemental professional services for a capital outlay project.

F. The boards may, for any contract governed by the provisions of this Part, include participation in a mentor-protégé program as provided by R.S. 51:946 and 947 as one of the guides used for selection of persons for a project in accordance with Subsection B of this Section.

Added by Acts 1975, No. 721, §1. Amended by Acts 1976, No. 525, §2; Acts 1982, No. 697, §1; Acts 1999, No. 1284, §1; Acts 2016, No. 489, §1, eff. July 1, 2016.
La. Rev. Stat. § 38:3084 — LA Code / Code revised-statutes / Title 38 / Section 3084
Aiding and abetting violation
Status: in_force

Whoever knowingly and willfully aids or abets a person in the violation of a provision of this part, or any rule, regulation, or order made hereunder, shall be subject to the same penalties provided herein for the principal violator.

Added by Acts 1974, No. 678, §1.
La. Rev. Stat. § 38:1590 — LA Code / Code revised-statutes / Title 38 / Section 1590
Sale and delivery of certificates; use of proceeds
Status: in_force

A. The certificates may be advertised for sale on sealed bids as provided by law. The governing authority may reject any and all bids received as a result of the advertisement. If no bids are received or if all bids are rejected, the certificates may be sold by private sale within sixty days after the date advertised for the reception of sealed bids at a price not less than the best bid which shall have been received, or the drainage district may contract to deliver the certificates to the contractor as hereinafter provided at a price not less than the best bid received at the advertised sale.

B. The governing authority of the drainage district issuing the certificates may, by resolution, authorize the chairman of the Jefferson Parish Council and the clerk or secretary to negotiate and deliver the certificates, to collect the purchase price therefor, and to do any and all things necessary and incidental thereto, or may authorize the delivery to the contractor of all or any of the certificates in payment of their contractual obligation covering the improvements.

C. The funds derived from the sale of the certificates shall be expended solely in payment of the costs of the improvements, and shall not be drawn upon for any other purpose.

Added by Acts 1983, No. 708, §1.
La. Rev. Stat. § 38:3087.143 — LA Code / Code revised-statutes / Title 38 / Section 3087.143
District as political subdivision and body corporate; purpose and powers
Status: in_force

A. The district so created shall be a political subdivision of the state of Louisiana which shall have for its purpose the development of the wealth and natural resources of the district by the conservation of soil and water for agricultural, recreational, commercial, industrial, and sanitary purposes. The creation and maintenance of a lake within the district shall be for such purposes.

B. The district shall constitute a body corporate in law with all powers, rights, privileges, and immunities of a corporation. It shall have the power to sue and be sued, to buy and sell, to levy taxes, to negotiate and execute contracts, and to incur debts and issue negotiable bonds in payment thereof under and in accordance with existing laws. It shall have the authority to acquire by purchase, donation, expropriation, or otherwise every type and specie of property, including servitudes and rights of use, necessary to its purpose, and to lease, build, operate, and maintain any works or machinery designed to accomplish the purposes of the district.

C. The district shall have complete control over the supply of fresh water made available by its facilities which shall be administered for the benefit of the persons residing or owning property within the district, and if it should be for the benefit of the district, it shall have the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the district.

D. All of the property of the district shall be exempt from state and local sales and use taxation. It shall have the authority to cooperate and contract with the government of the United States or any department or agency thereof and to accept grants and donations of property and money therefrom. It shall have the authority to cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation of the state for the construction, operation, and maintenance of facilities designed to accomplish the purpose for which the district is created on any basis including the matching of funds and by participating in projects authorized by any federal or state law as it shall see fit.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:1646 — LA Code / Code revised-statutes / Title 38 / Section 1646
Injunction or other writ granted only on rule nisi
Status: in_force

No injunction or other writ to prevent or delay the creation, organization or reclamation of any drainage or sub-drainage district created under this Part shall be granted or issued except upon a rule nisi.
La. Rev. Stat. § 38:3085.2 — LA Code / Code revised-statutes / Title 38 / Section 3085.2
Board of commissioners; officers; employees; per diem; meetings
Status: in_force

A. The district shall be governed by a board of commissioners, referred to in this Part as the "board," which shall be composed of five members, each of whom shall be a resident of the district. The members shall be appointed by the Grant Parish Police Jury for overlapping terms of four years, except that each member shall serve until his successor is appointed and qualified, and an individual appointed to fill a vacancy occurring except by reason of expiration of the term of office shall be appointed to serve only for the unexpired portion of the term.

The members incumbent on September 12, 1975 who were appointed by the Grant Parish Police Jury shall continue to serve on the board until the expiration of the terms for which they were appointed. The members incumbent on the effective date of this Part who were appointed by the Rapides Parish Police Jury or by the governor shall continue to serve on the board until three new members are appointed by the Grant Parish Police Jury, which new members shall be appointed by the police jury within ten days after the effective date of this Part. The police jury shall appoint two of the new members to serve until the expiration of the terms for which the two incumbent members appointed by the Rapides Parish Police Jury were appointed and shall designate which appointee shall serve for which term. The police jury shall appoint one of the new members to serve until the expiration of the term of the incumbent member who was appointed by a police jury, which has the longest unexpired portion, so that every four years two terms shall expire at the same time. Thereafter, the successor of each member shall serve for terms of four years, except as otherwise provided in this Section.

B. The domicile of the board shall be in the town of Colfax, Grant Parish, Louisiana. As soon as is practicable after their appointment, the members of the board shall meet at its domicile and elect from their number a president, a vice president, and such other officers as the board considers appropriate. The secretary and the treasurer of the board, which offices may be combined, may be selected by the board from among its membership or may be otherwise selected by the board, and their duties and salaries shall be fixed by the board. The board shall adopt such rules and regulations as are necessary for its own government and may employ such employees, including consulting engineers and attorneys, as are necessary. A majority of the board shall constitute a quorum for the transaction of business. Vote by proxy is prohibited. The board shall keep a record of all of its proceedings and shall publish the minutes of such proceedings in the official journal of Grant Parish promptly after each meeting. Each member of the board shall be paid a per diem not exceeding twenty-five dollars, and shall be reimbursed for necessary travel, as determined by the board, for attendance at meetings of the board or while on business of the board upon assignment by the board.

C. The board shall meet at least quarterly in each year at its domicile. Special meetings shall be held upon call of the president of the board or upon written request to the president by three members of the board. The special meetings may be held at such places within or without the district as the board may determine in its bylaws, not in conflict with general law. The board shall publish in the official journal of Grant Parish notice of each regular meeting at least once not more than thirty days or less than fourteen days before the first day of the meeting. Insofar as possible, publication of notice of a special meeting shall be published and as far in advance of the meeting as is possible. A notice of a meeting shall give notice of the date, time, and place of the meeting and the subject matter to be considered.

Added by Acts 1975, No. 28, §1.
La. Rev. Stat. § 38:395 — LA Code / Code revised-statutes / Title 38 / Section 395
Divesting of title
Status: in_force

The plaintiff shall not be divested by court order of any title acquired under these provisions except where such court finds that the property was not expropriated for a public purpose. In the event of such findings, the court shall enter such judgment as is necessary to compensate the defendant for the period during which the property was in the possession of the plaintiff and to recover for the plaintiff any award paid.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3012 — LA Code / Code revised-statutes / Title 38 / Section 3012
Management of fish, game, and wildlife
Status: in_force

A, B, C. REPEALED BY ACTS 1993, NO. 830, §2.

D. The board of commissioners shall have authority to establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by the lake and its watershed; to license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the facilities of the lake, or to refuse to license or permit any commercial establishment to use the facilities provided by the lake.

E. The rules and regulations established and promulgated by the board of commissioners shall provide penalties for any commercial establishment operating without a permit or license, and the rules and regulations shall be enforced by the sheriff and violations thereof prosecuted by the district attorney of the judicial district within which the watershed district is situated, as hereinabove provided.

Added by Acts 1970, No. 600, §1; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:1596.2 — LA Code / Code revised-statutes / Title 38 / Section 1596.2
Powers and duties
Status: in_force

A. The governing authority of the drainage district may establish, acquire, construct, improve, extend, and maintain a drainage system or systems, including such drainage facilities as may be required, with all necessary equipment and installations in connection therewith, including such extensions as may be proper to connect the system or systems with any other drainage facilities whether within or without the district.

B. The governing authority may levy and collect local or special assessments on real property to be benefited within the district or the area served within the district sufficient in amount to defray the total cost of the work.

Acts 1985, No. 979, §1.
La. Rev. Stat. § 38:2813 — LA Code / Code revised-statutes / Title 38 / Section 2813
Management of fish, game, and wildlife
Status: in_force

A, B, C. REPEALED BY ACTS 1993, NO. 830, §2.

D. The Board of Commissioners of the Franklin Parish Watershed District shall have authority to establish and cause to be enforced rules and regulations pertaining to all commercial establishments which may be constructed for the purpose of commercializing and making commercial use of the facilities provided by said district or its watershed; to license and permit such establishments and to levy and collect a fee, to be fixed by the commission, for the privilege of making commercial use of the district's facilities, or to refuse to license or permit any commercial establishment to use the facilities provided by the district.

E. The rules and regulations established and promulgated by the Board of Commissioners of the Franklin Parish Watershed District shall provide penalties for any such commercial establishment operating without a permit or license, and such rules and regulations shall be enforced by the sheriff and violations thereof prosecuted by the district attorney of the judicial district within which the watershed district is situated, as hereinabove provided.

Added by Acts 1966, No. 101, §13; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:2271 — LA Code / Code revised-statutes / Title 38 / Section 2271
Purchase of materials, supplies, equipment, or consulting services by certain political subdivisions using certain auction methods
Status: in_force

A.(1) The bidding provisions of this Chapter shall not apply when a political subdivision purchases materials, supplies, equipment, or consulting services using a reverse auction as authorized by, and in the manner provided in, this Part. A political subdivision may use reverse auction only with the determination by its procurement officer that the best interests of the political subdivision would be served and that electronic online bidding is more advantageous than other procurement methods provided in this Chapter.

(2) For the purposes of this Part:

(a) "Political subdivision" means any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana.

(b) "Reverse auction" means a competitive online solicitation process on the internet for equipment, supplies, and other materials or consulting services in which vendors compete against each other online in real time in an open and interactive environment.

B. Prior to the use of reverse auction authorized by this Part, the political subdivision shall develop policies and procedures that may require that:

(1) Vendors register before the opening date and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.

(2) Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.

(3) The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the structure of the item being bid.

(4) At the opening date and time, the using agency shall begin accepting online bids and continue accepting bids until the bid is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.

(5) Bidders' identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.

(6) All bids shall be posted electronically and updated on a real-time basis.

(7) The using political subdivision shall retain the right to cancel the solicitation if it determines that it is in the political subdivision's best interest.

(8) The using political subdivision shall retain its existing authority to determine the criteria that will be used as a basis for making awards.

C. Adequate public notice for the purchases of materials, supplies, equipment, or consulting services by a political subdivision using a reverse auction shall be given as follows:

(1) The advertisement or notice shall be published two times in a newspaper in the locality, the first advertisement to appear at least fifteen days before the opening date of the reverse auction. In addition to the newspaper advertisement, a political subdivision may also publish an advertisement by electronic media available to the general public.

(2) The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.

Acts 2011, No. 210, §1, eff. July 1, 2011; Acts 2021, No. 102, §1.
La. Rev. Stat. § 38:325 — LA Code / Code revised-statutes / Title 38 / Section 325
Scope of activities
Status: in_force

A. Levee boards shall engage in any activities related directly to:

(1) Flood protection.

(2) Construction and maintenance of levees.

(3) Construction of recreational facilities which are located on or immediately adjacent to levees, except the Orleans Levee District shall not be limited to the construction of recreational facilities located on or immediately adjacent to levees.

(4) Maintaining, updating, renovating, or modernizing existing recreational and other facilities owned by the district.

(5) Cooperative activities with other public bodies for public purposes.

B. Levee and drainage boards, in addition to those activities provided for levee boards, shall engage in any activities related directly to drainage.

C.(1) The contents of this Chapter notwithstanding, nothing shall preclude the construction of improvements and facilities, public or private, within an airport area to provide activities, businesses, and additionally any other revenue-generating functions which can be dedicated to public use and self-sufficiency of the enterprise as an entity.

(2) However, nothing in this Chapter shall be construed to in any way limit, restrict, inhibit, or alter the full and exclusive right, jurisdiction, power, and authority of the Orleans Levee District as granted in R.S. 38:307, 335, and 336 or of the Lafourche Basin Conservation Levee and Drainage District as granted in R.S. 38:334.

(3) Nothing contained herein shall be construed to limit, alter, or repeal the requirement that certain lands under the jurisdiction of the Orleans Levee District be utilized for public parks, playgrounds, and beach purposes.

(4) Nothing contained in this Chapter shall be construed to limit or prohibit the construction with federal matching funds of recreational facilities which are part of a federally approved flood control program situated south from Donaldsonville to the Gulf of Mexico within the Lafourche Basin Conservation Levee and Drainage District.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1996, 1st Ex. Sess., No. 13, §1; Acts 2004, No. 310, §1, eff. June 18, 2004; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:1754 — LA Code / Code revised-statutes / Title 38 / Section 1754
Creation of district upon petition of land owners; resolution
Status: in_force

The police jury shall create a gravity drainage district when petitioned by a majority in number of acres or a majority of the resident land owners in the area thus to be formed into a gravity drainage district where the area contains forty or less land owners and where the area contains more than forty land owners, then the gravity drainage district shall be created upon petition of twenty-five of the land owners of the district. This resolution creating the gravity drainage districts or the sub-drainage districts shall fix the boundaries thereof, and shall give to the district or sub-district a numerical designation, as follows:

Gravity Drainage District No. __ of the Parish of ______ or Gravity Sub-Drainage District No. __ of Gravity Drainage District No. __ of the Parish of ______.
La. Rev. Stat. § 38:2710 — LA Code / Code revised-statutes / Title 38 / Section 2710
Supervision by Department of Transportation and Development
Status: in_force

All of the powers and duties relative to construction and letting of contracts for construction required to be advertised by R.S. 38:2211 and 2212 conferred upon the district shall be subject to and exercised under the supervisory control of the Department of Transportation and Development of the state of Louisiana, which department shall furnish to the district such engineering services as it shall require and may cooperate with the district in the construction of any work or facility considered necessary by the district and said department to the purposes of the district.

Acts 1989, No. 176, §1.
La. Rev. Stat. § 38:2905 — LA Code / Code revised-statutes / Title 38 / Section 2905
Oaths
Status: in_force

Before entering upon his official duties, each commissioner of the district created hereby shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully and impartially perform the duties devolving upon him as a commissioner of said district and that he will not neglect any of the duties imposed upon him hereby. The oaths of the commissioner shall be recorded in the oath book of Jackson Parish.

Added by Acts 1968, No. 589, §1.
La. Rev. Stat. § 38:3087.91 — LA Code / Code revised-statutes / Title 38 / Section 3087.91
Creation
Status: in_force

There is hereby created a recreation and water conservation district to be known as the "Lake Bruin Recreation and Water Conservation District".

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:3087.57 — LA Code / Code revised-statutes / Title 38 / Section 3087.57
Powers of the board
Status: in_force

A. In order to accomplish the purposes for which the district is created, the board of commissioners may:

(1) Purchase, acquire by donation, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it to properly carry out the purposes for which it is created.

(2) Acquire servitudes and rights of use by purchase, by donation, and by assignment for the district or otherwise.

(3) Assist in conserving soil and water and in developing the water resources of the district, provided nothing shall be done to interfere with districts or municipalities previously organized under Louisiana law.

(4) Cooperate with the state Department of Transportation and Development and other state agencies in the maintenance or improvement and the construction of any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct any ditch, channel improvement, dike, dam, or levee, and repair, improve, and maintain any of said improvements or structures.

(5) Manage and control the water level and growth of aquatic plants in the creek.

(6) Employ and hire secretarial, clerical, and other such personnel as may be necessary in the operation of the business of the district and fix their compensation; employ engineers, attorneys, and other professional personnel as necessary and fix their compensation.

(7) Levy taxes, issue bonds, and incur indebtedness within the limitations prescribed by the constitution and laws of Louisiana, and in the manner prescribed thereby.

(8) Cooperate and contract with persons, firms, associations, partnerships, private corporations, cities of this state, or other public corporations, and with any other local, state, and governmental agencies for the sale or use of any waters impounded by the district.

(9) Grant franchises to telephone, telegraph, cable, and electric power companies and grant franchises for the purposes of laying gas, sewer, electricity, or other utilities to supply the inhabitants or any person or corporation with gas, water, sewerage, and electricity, when such construction is within the district. Nothing contained in this Part shall affect the vested rights of any corporation which pursuant to R.S. 45:781(A), has constructed, and maintains and operates telegraph, telephone, and other lines for the transmission of intelligence prior to June 17, 1995.

(10) Appoint, hire, designate, and empower wardens, rangers, patrols, and such other personnel as may be deemed necessary by the commission for the enforcement of such regulations as may be promulgated and adopted by said commission.

(11) Do and perform any and all things necessary or incidental to the fulfillment of the purposes for which the district is created.

B. The Mill Creek Recreation and Water Conservation District shall have, with respect to the improvements and maintenance of the district, the advice of the Department of Transportation and Development, and it shall request from time to time the assistance of the department to make such surveys, inspections, and investigations, render such reports, estimates, and recommendations, and furnish such plans and specifications as the board of commissioners of said district may request.

C. The district is hereby authorized to incur debt for any one or more of its lawful purposes, to issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and to provide for the security and payment thereof as follows:

(1) To issue certificates of indebtedness maturing within one year from date of issuance to evidence money borrowed in anticipation of current revenues for the administration, operation, construction, and maintenance costs and expenses of the district, which certificates shall be payable in principal and interest from any available income, revenues, fees, or taxes pledged to their payment by the district.

(2) To issue bonds substantially in the manner set forth in Article VI of the Constitution of Louisiana, and other authority supplemental thereto, particularly Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950. Such bonds shall be payable from an ad valorem tax on all taxable property in the district sufficient to pay such bonds in principal and interest, when approved by vote of a majority in number of the qualified electors voting on the proposition at an election held for that purpose. Such bonds shall be issued in the manner provided by the law pursuant to which they are being issued and the maximum interest rate for the bonds shall be that prescribed by such law. The bonds shall be issued in such amount or amounts as the board of commissioners shall determine. However, the principal amount of all such bonds outstanding as of the date of the issuance of any new bonds shall never exceed ten percent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in Bienville Parish.

(3) The district shall have additional authority to levy taxes under the provisions of Article VI, Section 32 of the Constitution of Louisiana, for the purpose of improving, operating, and maintaining its facilities, providing any such tax shall first be approved at an election held for said purpose in accordance with the Louisiana Election Code.

(4) The copy of any resolution levying a tax, certified by the secretary of the board of commissioners of said district, shall be transmitted to the tax assessor of Bienville Parish on or before the first of the year in which the tax is to be assessed and collected, and it shall be the duty of the assessor to assess the tax and extend the same upon the tax rolls of the parish. The tax shall be collected by the sheriff and ex officio tax collector of Bienville Parish in the same manner as taxes levied by the parish. Taxes assessed shall constitute the same liens upon the property assessed, shall bear the same penalties, and collection thereof shall be enforced in the same manner and at the same time as parish taxes.

Acts 1995, No. 443, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:1805 — LA Code / Code revised-statutes / Title 38 / Section 1805
Livingston Parish Gravity Drainage District No. 1; levy of sales and use tax; bonds
Status: in_force

A. Subject to the approval of a majority of the electors within the Livingston Parish Gravity Drainage District No. 1 at a special election called for the purpose, the police jury of Livingston Parish as the governing authority of the district is hereby authorized to levy a sales and use tax not exceeding three quarters of one percent within the district. The tax shall be imposed by ordinance of the police jury and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the distribution and storage for use or consumption, of tangible personal property, and upon the sales of services within the district, all as presently or hereafter defined in R.S. 47:301 through 317. This tax shall be in addition to all other taxes currently levied in Livingston Parish, and except where inapplicable, the procedure established by R.S. 47:301 through 317 shall be followed in the imposition, collection, and enforcement of the tax. Procedural details necessary to supplement the provisions of those sections and to make said provisions applicable to the tax herein authorized shall be fixed in the ordinance of the police jury imposing the tax.

B. Before any tax is levied under the provisions of this Section, there shall be submitted to the qualified electors of the area within the district at a special election called for that purpose a proposition to authorize the imposition of the sales and use tax including the purpose, rate, and duration of the tax at an election to be conducted in accordance with the general election laws of the state of Louisiana, and a majority of those voting in the election shall have voted in favor of the proposition. In addition, the proposition may also include provisions authorizing the funding of the sales and use tax into negotiable bonds or certificates of indebtedness payable solely from an irrevocable pledge and dedication of all or a portion of the proceeds of the tax subject to the prior payment of the costs and expenses of administration and collection of the tax.

C. The proceeds of the tax authorized by and levied in accordance with the provisions of this Section shall be used exclusively to acquire drainage works; rights of way for canals and ditches; flood prevention works; equipment and facilities necessary to construct, maintain, and operate outlets for the waters of the district; and to prevent flooding.

D. The district is further authorized to execute local service agreements with the governing authorities of municipalities located within the district which would provide that those municipalities would pay a portion of the cost of the drainage improvements.

Acts 1984, No. 168, §1.
La. Rev. Stat. § 38:3098.2 — LA Code / Code revised-statutes / Title 38 / Section 3098.2
Powers of the Department of Conservation and Energy, office of conservation resources
Status: in_force

A. In carrying out the provisions of this Chapter, the office is empowered but not limited to do the following:

(1) Make reasonable rules and regulations for the purpose of carrying out the provisions of this Chapter as well as for the proper drilling and abandonment of wells and holes, excluding oil and gas wells.

(2) Prepare required forms and establish other procedures to govern the submission of applications, reports, and other information authorized to be sent to the office as required by this Chapter.

(3) Prepare and give reasonable oral or written examinations or both for license applicants.

(4) Deposit all fees in a special fund in the office of the state treasurer to be used for the implementation of this Chapter.

(5) Upon presenting valid identification as an inspector for the office, enter upon and be given access at reasonable times and under reasonable conditions to any premises for the purposes of inspecting water wells.

B. If the office finds that compliance with all the requirements of this Chapter would result in undue hardship, an exemption from any one or more of such requirements may be granted by the office to the extent necessary to ameliorate such undue hardship and to the extent such exemption can be granted without impairing the intent and purpose of this Chapter.

Acts 1980, No. 715, §1; Acts 1989, No. 31, §1, eff. June 15, 1989; Acts 2009, No. 437, §1, eff. Jan. 1, 2010; Acts 2023, No. 150, §12, eff. Jan. 10, 2024.
La. Rev. Stat. § 38:401 — LA Code / Code revised-statutes / Title 38 / Section 401
Levee boards and levee and drainage boards authorized to raise money for expenditure by the Mississippi River Commission
Status: in_force

The boards of commissioners of levee districts and levee drainage districts of this state may raise funds by taxes or otherwise to be expended by and under the direction of the Mississippi River Commission under the terms of the Act of Congress approved on the first day of March, 1917.*

Acts 1985, No. 785, §1, eff. July 22, 1985.

*AS APPEARS IN ENROLLED BILL.
La. Rev. Stat. § 38:1701 — LA Code / Code revised-statutes / Title 38 / Section 1701
Creation of districts authorized
Status: in_force

For the purpose of draining and reclaiming the undrained or partially drained marsh, swamp, and overflowed lands in Louisiana that must be leveed and pumped in order to be drained and reclaimed, the police juries of the several parishes of the state are hereby empowered and required under the conditions hereinafter specified to create drainage districts.
La. Rev. Stat. § 38:1753 — LA Code / Code revised-statutes / Title 38 / Section 1753
Authority to create sub-districts
Status: in_force

In all cases where gravity drainage districts have been, or will be, organized by the action of a police jury, or the joint action of two or more police juries, the police jury may create gravity sub-drainage districts therein in the manner and on the conditions provided in this Part.
La. Rev. Stat. § 38:1601.1 — LA Code / Code revised-statutes / Title 38 / Section 1601.1
Applicability of Chapter
Status: in_force

The provisions of this Chapter shall not apply to any undrained lands, including marsh, swamp, and overflow lands, located in the parish of Orleans or owned by the city of New Orleans.

Added by Acts 1975, No. 520, §1.
La. Rev. Stat. § 38:2867 — LA Code / Code revised-statutes / Title 38 / Section 2867
Oaths
Status: in_force

Before entering upon his official duties, each commissioner of the district created hereby shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully and impartially perform the duties devolving upon him as a commissioner of said district and that he will not neglect any of the duties imposed upon him thereby. The oaths of the commissioner shall be recorded in the oath book of Claiborne Parish.

Added by Acts 1966, No. 299, §7.
La. Rev. Stat. § 38:513 — LA Code / Code revised-statutes / Title 38 / Section 513
Levee districts reorganized, merged into, and consolidated with a parish
Status: in_force

A. In addition to any rights, revenues, resources, jurisdiction, powers, authority, and functions granted by applicable provisions of this Chapter, any levee district reorganized, merged, and consolidated with a parish pursuant to Article VI, Sections 16 and 38 of the Constitution of Louisiana shall continue to have the rights, revenues, resources, jurisdiction, powers, authority, functions, and duties, including the levy and collection of any local assessment or forced contribution, authorized by law at the time of the reorganization, merger, and consolidation with a parish.

B. Only the provisions of R.S. 38:301(A) and (C)(1), 306(A) and (C), 314, 317, and 325, and Parts VI, and VII of this Chapter shall apply to levee districts reorganized, merged, and consolidated with a parish. To the extent that the provisions of this Chapter are applicable to such levee districts, the term "levee district" means the parish succeeding to the merged levy district, and the term "levee board" means the governing authority of the successor parish. The composition of the governing authority of any successor parish shall not be affected by this Chapter.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1621 — LA Code / Code revised-statutes / Title 38 / Section 1621
Engineers
Status: in_force

As soon as conveniently possible after organization, the board of commissioners of any drainage district shall appoint a competent civil engineer as chief engineer who shall engage assistants as the board of commissioners may approve. The chief engineer shall have control of the engineering work in the district. He may, by and with the consent of the board of commissioners, consult any eminent engineer or engineers and obtain his or their opinion and advice concerning the reclamation of lands in the district. The chief engineer shall make all necessary surveys of the lands within the boundaries of the district that will be improved or reclaimed in part or in whole by any system of drainage or levees that may be outlined and adopted. The engineer shall make a report in writing to the board of commissioners with maps and profiles of the surveys. This report shall make recommendations as to any sub-district which should be created by the drainage district, and shall contain a complete plan for leveeing, draining, and reclaiming the lands from overflow of or damage by water, with an estimate of the total cost thereof. The maps and profiles shall also indicate, so far as necessary, the physical characteristics of the lands and the location of any public roads, railroads and other rights of way, roadways, and other property or improvements located on the lands. The map shall show the lands divided into forty acre tracts, or other small sub-divisions according to ownership. The plan for leveeing, drainage, and reclaiming the lands shall take into consideration any sub-drainage districts that have been or should, in the opinion of the engineer, be formed in the drainage district. If there are any existing sub-drainage districts, the engineer shall present in his report his recommendations as to whether the existing sub-drainage district, or sub-drainage districts, should be reclaimed separately or consolidated with other lands in the drainage district in one plan of reclamation. Should he recommend the formation of a sub-drainage district, or sub-drainage districts, or should he recommend that any existing sub-drainage district, or sub-drainage districts, be reclaimed separately, he shall then make a similar complete plan or plans for the reclamation of the sub-drainage district, with complete maps, profiles, costs, etc., as in the case of the entire drainage district. The chief engineer shall make a report in writing to the board of commissioners once every twelve months, and oftener if the board shall so require. Upon receipt of the final report of the engineer concerning surveys made of lands contained in the district or sub-districts, if any, and plans for reclaiming the same, the board of commissioners may adopt the report or any modification thereof approved by the chief engineer after consulting with him or some one representing him, and thereafter the adopted report shall be the plan for leveeing, draining, and reclaiming the lands from overflow or damage by water. After adoption it shall be known and designated as the plan for reclamation. The plan shall be filed with the secretary of the board of commissioners and by him copied into the records of the district.