La. Rev. Stat. § 38:112 — LA Code / Code revised-statutes / Title 38 / Section 112
Cooperation with federal government and state of Mississippi in building levees
Status: in_force

By and with the concurrence and approval of the local levee authorities in interest in Louisiana, and of the Department of Transportation and Development, or for levees in the upland area as defined in R.S. 38:2352, the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority, or, for levees in the coastal area as defined in R.S. 49:214.2, the Coastal Protection and Restoration Authority, the state of Mississippi and the United States Government, or any of them, jointly or severally, may construct and have entire charge and control of, both in construction and maintenance, and for protection and preservation, all levees which may be deemed necessary by the grantees, or by either of them, for protection against overflow from the Mississippi River, through and over all parts of the state of Louisiana which by the changes of the channel of the Mississippi River have been separated from other parts of the state of Louisiana, and which are now on the east side of the present channel of the river, and attached to the mainland of the state of Mississippi. The levees shall be of the dimensions and shall be located, and built from adjacent soil, along the lines, and for the distances, determined by the engineers in charge of levee construction either for the United States or for the state of Mississippi, or for both.

Acts 2010, No. 734, §3; Acts 2016, No. 430, §4; Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:2832 — LA Code / Code revised-statutes / Title 38 / Section 2832
Execution of work; contracts; bond
Status: in_force

The State Department of Public Works may execute any and all work with its own force and equipment and under its own supervision or the work may be executed on behalf of and for the benefit of the said district by the State of Louisiana, or any agency, department or commission thereof by contract and the contract for all or any part of the work herein authorized may be let by the State Department of Public Works, with or without advertisement, on the terms and subject to the conditions which the said department may determine. The person or firm to whom the contract or contracts is awarded shall furnish, within the delay fixed by the Department of Public Works, a bond of a surety company authorized to do business in the State of Louisiana, in the amount required by the laws relating to contracts for public work, conditioned upon the faithful performance of the work in accordance with the plans and specification of the engineers of the State Department of Public Works and the terms of the contract. The Department may demand any other bonds and obligations which the laws relating to public works contracts require the contractor to give.

Added by Acts 1966, No. 262, §12.
La. Rev. Stat. § 38:108 — LA Code / Code revised-statutes / Title 38 / Section 108
Powers
Status: in_force

A. The Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may do all things necessary to carry out the purposes of this Chapter, including but not limited to the things expressly provided for in this Section.

B.(1) The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may enter into contracts and agreements of any nature for the purposes of this Chapter with any person, natural or artificial, corporation, association or other entity, including public corporations, levee districts, port authorities, state departments, agencies, parishes, municipalities, the United States government and agencies thereof, or any combination thereof or with instrumentalities of every kind, and may designate any department, agency, municipality, parish, levee district, and industrial district or other political subdivision of the state as its agent to carry out the purposes of the powers granted under this Chapter.

(2) The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may negotiate with and enter into contracts or other agreements with any such person or entity concerning the joint administration of the project, including jurisdictional aspects of the state's administration of the project, and providing lands, servitudes, and rights-of-way, the relocation of project facilities and may engage jointly in the exercise of any power and in the construction of any facilities and improvements for the purposes of the project on any basis, including matching of funds, which the participating entities may undertake under any provision of general or specific law.

C. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may institute or defend in courts of competent jurisdiction, including for the purposes of this Chapter the courts and administrative tribunals of the United States, any legal proceedings that may be necessary or required to compel compliance with this Chapter or any actions taken hereunder or that may arise out of the performance of the obligations and duties imposed by the Chapter.

D. The powers granted under this Chapter shall be regarded as supplemental to powers conferred on the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority by other laws.

Acts 1997, No. 698, §1, eff. July 7, 1997; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
La. Rev. Stat. § 38:332 — LA Code / Code revised-statutes / Title 38 / Section 332
Representatives of the boards of commissioners of the Lafourche Basin Conservation Levee and Drainage District and the Atchafalaya Basin Levee District to attend meetings of board
Status: in_force

The boards of commissioners of Lafourche Basin Conservation Levee and Drainage District and the Atchafalaya Basin Levee District shall each select from among their membership, exclusive of the presidents thereof, an official representative to the South Lafourche Levee District and an official representative to the North Lafourche Conservation, Levee and Drainage District who shall attend each meeting of the two levee boards and make reports on the proceedings thereof to their respective boards of commissioners. Each such representative during the meetings of the boards of commissioners of the South Lafourche Levee District and the North Lafourche Conservation, Levee and Drainage District shall be afforded a reasonable opportunity to be heard on matters of interest to his respective levee district while the matters are being considered by the boards of commissioners.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1992, No. 876, §1; Acts 2024, No. 177, §1.
La. Rev. Stat. § 38:2321 — LA Code / Code revised-statutes / Title 38 / Section 2321
Creation
Status: in_force

All the territory in the parishes of DeSoto, Sabine, Vernon, Beauregard, Calcasieu and Cameron, lying within the watershed of the Sabine River and its tributary streams, shall be embraced in the limits of and shall constitute a conservation and reclamation district to be known and styled "Sabine River Authority, State of Louisiana".

Added by Acts 1950, No. 261, §1.
La. Rev. Stat. § 38:2712 — LA Code / Code revised-statutes / Title 38 / Section 2712
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, the department, or some other 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 1989, No. 176, §1.
La. Rev. Stat. § 38:14 — LA Code / Code revised-statutes / Title 38 / Section 14
Governor and director to prescribe general administrative rules
Status: in_force

The governor may prescribe all general administrative rules for the conduct of the affairs of the administrative departments, not inconsistent with law which he may deem necessary or expedient. The head of the department may prescribe all administrative rules with the approval of the board of the department which he may deem necessary or expedient for the proper conduct of the work of the department and for making effective the provisions of law and which are not inconsistent with any provisions of law or with any general rules prescribed by the governor.
La. Rev. Stat. § 38:1644 — LA Code / Code revised-statutes / Title 38 / Section 1644
Effect of change of ownership of land
Status: in_force

The death, interdiction, or ceasing to be owner, of any landowner who has signed any petition required to be signed by a majority of the landowners in connection with the creation, organization or administration of a drainage district or of any landowner required to be notified only by published notice, shall in no manner affect any proceedings had, begun, or taken under the provisions of this Part. The death, interdiction, or ceasing to be owner of any party to any proceeding required to be served with citation or who has filed contest in any proceeding required to be filed in suit in the district court shall not abate any proceeding, but upon suggestion the court shall order the legal representative of the party to be made party to the proceedings and served with a copy of the order not less than five days prior to any hearing of the proceeding. If the legal representatives be absentees or unknown, then the court shall appoint an attorney at law as curator ad hoc to represent them, and he shall be served as provided in this Section. The matter shall then proceed in all respects as in case of the original parties being in court.
La. Rev. Stat. § 38:411 — LA Code / Code revised-statutes / Title 38 / Section 411
Removal of produce before payment of assessment or contribution prohibited; penalty
Status: in_force

Produce liable to special assessment or forced contribution shall not be removed from the limits of the parish, levee district or levee and drainage district where the produce has been raised until the special assessment or forced contribution thereon shall have been paid. The payment shall be evidenced by the receipt of the sheriff on forms of receipt to be furnished by the several levee boards or levee and drainage boards of the state to the sheriffs of the parishes within the limits of their respective district. The owners of the produce so removed and any railroad company or other carrier, any steamboat, vessel, or other watercraft, or the owners or master or person or persons in command of any watercraft removing produce or aiding or concerned in its removal and the sheriff of the parish where the produce has been raised shall for any violation of this provision be liable for and pay to the levee board or levee and drainage board of the levee district or levee and drainage district in which the parish is situated double the amount of the special assessment or forced contribution for which the produce is and was liable, together with all costs including attorney's fees, which fees are fixed at fifteen dollars in each case, to be taxed as costs.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2335 — LA Code / Code revised-statutes / Title 38 / Section 2335
Toll bridges and ferries
Status: in_force

In addition to the powers imposed in the Authority under the provisions of R.S. 38:2332 above, the Authority shall have the right to own and operate such toll bridges over or ferries and ferry service across any of the waters under its jurisdiction as may in its opinion be necessary to provide adequate facilities for the traveling public.

Added by Acts 1956, No. 432, §6.
La. Rev. Stat. § 38:2567 — LA Code / Code revised-statutes / Title 38 / Section 2567
Playgrounds, parks and other facilities; limitation
Status: in_force

The board of commissioners, under the supervisory control of the state department of public works, 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 said lake, as may within the opinion of the said board become necessary but not to exceed two acres at any one place, and said district shall have the right of eminent domain and expropriation in the exercise of such powers.

Added by Acts 1956, No. 9, §17.
La. Rev. Stat. § 38:83 — LA Code / Code revised-statutes / Title 38 / Section 83
Governor authorized to enter contracts
Status: in_force

The governor may enter into any other contract with the authorized officials and representatives of the United States Government, which may become necessary to make effective in Louisiana the provisions of the Flood Control Act and to secure for the state the aid and relief provided for in the Act. To this end the governor may do and perform any act or thing which, in his judgment, may become necessary to obtain the relief provided for by the Flood Control Act.
La. Rev. Stat. § 38:1991 — LA Code / Code revised-statutes / Title 38 / Section 1991
Limits of district
Status: in_force

All that portion of the parishes of Ouachita, Morehouse, and Richland embraced in the following limits, to-wit: Beginning at a point where the north line of Caldwell parish and the south line of Ouachita parish intersects the west right of way line of the St. Louis, Iron Mountain and Southern Railroad; thence running in a general northeasterly direction along the west boundary line of the St. Louis, Iron Mountain and Southern Railroad to where it intersects the south city limits of Monroe, Louisiana; thence following the city limits around the east and north side of Monroe to a point where the city limits intersect the west edge of the right of way of the Little Rock and Monroe Railroad; thence in a general northeasterly direction along the west edge of the right of way of the Little Rock and Monroe Railroad to its intersection with the south bank of Bayou De Siard; thence in a general easterly direction along the south bank of Bayou De Siard to its intersection with the west line of section 43, T. 18 N., R. 4 East; thence in a southerly direction along the west line of section 43, T. 18 N., R. 4 east, to a point at its intersection with the west right of way line of the St. Louis, Iron Mountain Railroad; thence in a general northeasterly direction along the west right of way line of the St. Louis, Iron Mountain and Southern Railroad to its intersection with the west line of section 13, T. 19 N., R. 5 East; thence in a northerly direction along the west line of section 13, T. 19 N., R. 5 East, and section 12, T. 19 N., R. 5 East to a point at the northwest corner of section 1, T. 19 N., R. 5 East; thence in a direct line to the northwest corner of section 21, T. 20 N., R. 6 East; thence in a direct line to a point on the north line of section 17, T. 22 N., R. 7 East, one thousand feet east of the east bank of Bayou Bartholomew at low water; thence in a general northeasterly direction following the meandering of Bayou Bartholomew and one thousand feet east of the east bank of the bayou at low water to the Arkansas-Louisiana state line; thence in an easterly direction along the Arkansas-Louisiana state line to a point at the northeast corner of section 4, T. 23 N., R. 10 East; thence south along the east line of section 4 to the northeast corner of section 9; thence southwest across section 9 to the southwest corner thereof; thence south between sections 16 and 17 all in T. 23 N., R. 10 East; thence in a straight line to the southwest corner of section 12, T. 22 N., R. 9 East; thence south on the section line between sections 13 and 14 to the southeast corner of section 14; thence west on the section line between sections 14 and 23, 15 and 22 to the southwest corner of section 15; thence in a straight line to the southwest corner of section 29; thence south on the section line between sections 31 and 32 to the southeast corner of section 31, all in T. 22 N., R. 9 East; thence in a straight line to the southeast corner of section 23; thence south on the section line between sections 25 and 26, 35 and 36, to the southeast corner of section 35, all in T. 21 N., R. 8 East; thence in a straight line to the southeast corner of section 16; thence south between sections 21 and 22, 27 and 28, 33 and 34, all in T. 20 N., R. 8 East; thence in a straight line to the southeast corner of section 17; thence west along the section line between sections 17 and 20 to the southwest corner of section 17; thence in a straight line to the southwest corner of section 19; thence south on the range line between sections 25 and 30, 36 and 31 to the southeast corner of section 36, all in T. 19 N., R. 7 East; thence in a straight line to the southwest corner of section 11; thence south on the section line between sections 14 and 15, 22 and 23 to the southeast corner of section 22; thence west on the section line between sections 22 and 27, 21 and 28, 20 and 29, 19 and 30 to the southwest corner of section 19, all in T. 18 N., R. 7 East; thence in a straight line to the south quarter corner of section 35, T. 18 N., R. 6 East; thence south in a straight line through the centers of sections 2, 11, and 14 to the south quarter corner of section 14; thence in a straight line to the southwest corner of section 28; thence south on the section line between sections 32 and 33, all in T. 17 N., R. 6 East; thence southwest to the southwest corner of section 5; thence west on the section line between sections 6 and 7 to the quarter corner; thence south through the center of sections 7 and 18 to the south quarter corner of 18, all in T. 16 N., R. 6 East; thence in a straight line to the southwest corner of section 26; thence west between sections 27 and 34; thence southwest to the southwest corner of section 33, all in T. 16 N., R. 5 East; thence in a straight line to the southwest corner of section 7; thence south along the west line of section 18 to the line between Ouachita and Caldwell parishes, all in T. 16 N., R. 5 East; thence in a westerly direction along the line between the parishes of Ouachita and Caldwell to its intersection with the west line of the right of way of the St. Louis, Iron Mountain and Southern Railroad Company to the point of beginning, shall constitute the Lafourche Basin Drainage District.

The district shall be a corporation and political subdivision of the state and shall be governed by a board of commissioners.

This corporation is created for the purpose of draining and reclaiming the lands embraced in the Lafourche Basin Levee and Drainage District.
La. Rev. Stat. § 38:3087.42 — LA Code / Code revised-statutes / Title 38 / Section 3087.42
Contracts let by board
Status: in_force

Any and all contracts of the district shall be let by the board of commissioners under the provisions of the Public Bid Law, R.S. 38:2181 et seq.

Acts 1995, No. 443, §1, eff. June 17, 1995.
La. Rev. Stat. § 38:1675 — LA Code / Code revised-statutes / Title 38 / Section 1675
Application of Part
Status: in_force

The provisions of this Part shall apply only to drainage districts organized under Article XV of the Constitution of Louisiana of 1921, or reorganized under the provisions of this Part, for the purpose of draining and reclaiming the undrained marsh, swamp and overflowed lands in the State of Louisiana that must be leveed and pumped in order to be drained and reclaimed, and nothing in this Part shall apply in any way to gravity drainage districts as provided for in Article XIV of the constitution. This Part shall be considered the general law on the subject of drainage or reclamation districts under which all drainage or reclamation districts created in the future must organize.
La. Rev. Stat. § 38:2193 — LA Code / Code revised-statutes / Title 38 / Section 2193
Prohibited donation, loan or pledge of public credit or property; suits to invalidate contracts violative thereof
Status: in_force

A. In any case in which the legislative auditor, by virtue of any audit conducted by him or on his behalf or filed with him, has reason to believe that any contract of the state or any political subdivision may violate the provisions of Article VII, Section 14 of the Louisiana Constitution of 1974, he shall submit the pertinent facts thereof to the attorney general, and in any case in which the legislature, or any of its members has reason to believe that any contract of the state or any political subdivision may violate the provisions of Article VII, Section 14, the legislature or the member thereof, as the case may be, shall submit the pertinent facts to the attorney general. Upon submission of such pertinent facts by the legislative auditor, the legislature, or its members, the attorney general shall institute a civil proceeding to invalidate the contract, if in his opinion such a proceeding is necessary for the assertion or protection of any right or interest of the state or political subdivision within the intendment of Article VII, Section 14 of the Louisiana Constitution of 1974. If in his opinion such a proceeding is not necessary, he shall submit in writing such opinion and his reasons therefor to the official or body which submitted such facts to him.

B. Additionally, the attorney general on his own initiative shall institute a civil proceeding to invalidate any contract of the state or a political subdivision, if in his opinion such a proceeding is necessary for the assertion or protection of any right or interest of the state or political subdivision within the intendment of Article VII, Section 14 of the Louisiana Constitution of 1974.

Added by Acts 1980, No. 797, §1.
La. Rev. Stat. § 38:2611 — LA Code / Code revised-statutes / Title 38 / Section 2611
Retention of mineral rights
Status: in_force

Whenever it shall become necessary for the district or the department of public works, state of Louisiana to acquire the fee simple title to 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, the department of public works or some other department or agency of the state retains the ownership of the property, but should ownership pass into private hands, the prescription of non-user provided by R.C.C. Arts. 789 and 3546 shall apply as in the usual case.

Added by Acts 1958, No. 292, §11.
La. Rev. Stat. § 38:3086.3 — LA Code / Code revised-statutes / Title 38 / Section 3086.3
Board of commissioners; membership; tenure; officers; vacancies; compensation
Status: in_force

A. The affairs of the district shall be governed by a board of commissioners, whose membership shall be as follows:

(1) One member from each of the parishes constituting the district, to be selected and appointed by the governing authority of their respective parishes.

(2) One member from St. Landry Parish, to be selected and appointed by the governing authority of the parish, who shall have the right to vote only on matters pertaining to drainage and flooding.

(3) One member domiciled within the jurisdictional boundaries of the district who is a civil engineer or a civil engineer with a focus in hydrology to serve in an advisory role without having the right or privilege of voting, selected and appointed by the governor from a pool of four candidates, one each from the parishes of Iberia, Lafayette, St. Martin, and Vermillion, agreed on and selected by the members of the House of Representatives and the Senate whose districts, or a part thereof, are within the jurisdictional boundaries of the district.

B. The terms of the first four commissioners shall be two terms of one year and two terms of two years, respectively, to be determined by the drawing of lots by the commissioners. Thereafter, all appointments shall be for two years.

C. The board shall elect a chairman, vice chairman, and a secretary-treasurer and may employ such other employees as may be necessary, and fix their respective salaries.

D. The commissioners shall be paid seventy-five dollars per diem for official meetings of the board, not to exceed one meeting per month, and actual expenses incurred in the performance of their duties. The commissioners also shall be paid such per diem and expenses for special meetings of the board, not to exceed six such special meetings per year.

E. The board shall fix its own meeting dates and adopt such rules and regulations as may be necessary for its own government.

F. The commissioner appointed from the parish of St. Landry shall not receive per diem from the board; however, the governing authority of St. Landry Parish may pay per diem to him or his designee in an amount to be determined by the parish governing authority.

Acts 1969, No. 41, §3. Amended by Acts 1972, No. 65, §1; Acts 1976, No. 118, §1; Acts 1984, No. 624, §2; Acts 1988, No. 67, §1; Acts 1989, No. 93, §1; Acts 1995, No. 974, §1; Acts 2021, No. 361, §1, eff. Jan. 8, 2022.
La. Rev. Stat. § 38:2605 — LA Code / Code revised-statutes / Title 38 / Section 2605
Oaths; per diem allowance
Status: in_force

Before entering upon his official duties, each member of the board of commissioners shall take the oath or affirmation required by Article XIX, Section 1, of the Constitution of Louisiana.

Each member of said board shall be entitled to receive, out of available funds of the district, a per diem allowance of forty dollars for each meeting of the board which he attends, but no such allowance shall be paid for more than thirty-six meetings in any calendar year.

Added by Acts 1958, No. 292, §5. Amended by Acts 1967, No. 101, §2; Acts 1974, No. 422, §1.
La. Rev. Stat. § 38:3087.32 — LA Code / Code revised-statutes / Title 38 / Section 3087.32
Location
Status: in_force

The district shall be comprised of the territory within Voting District Six of Bienville Parish as such district was established on June 17, 1995.

Acts 1995, No. 443, §1, eff. June 17, 1995.
La. Rev. Stat. § 38:1634 — LA Code / Code revised-statutes / Title 38 / Section 1634
Determination of annual installment; levy of maintenance tax; certificate and table
Status: in_force

The board of commissioners shall each year after the levy and apportionment of the total taxes provided in R.S. 38:1631, and including the year, determine, order, and levy the amount of the annual installment of the total taxes levied under R.S. 38:1631, and shall at the same time levy a maintenance tax as hereinbefore provided for. The taxes shall become due, delinquent, and be collected during the year at the same time that state and parish taxes are due and collected. The annual installment and levy shall be evidenced and certified by the board not later than September 1st of each year to the sheriff and ex-officio tax collector of each parish in which lands and other property of the district are situated. The annual installment of taxes shall not exceed in any one year ten per cent of the total taxes levied under R.S. 38:1631. The certificate of the installment tax shall be in substantially the following form: State of Louisiana

)

) ss.

Parish of _________

)

To the Sheriff and Ex-Officio Tax Collector of _______________________ Parish, Louisiana:

This is to certify that by virtue and authority of the provisions of R.S. 38:1631, the Board of Commissioners of _____ Drainage District have and do hereby levy the sum of ________ as the annual installment of tax for the year 19 ___ of the total tax levied under the provisions of R.S. 38:1631, which total tax has heretofore been certified to the clerk of court and recorder of mortgages of your parish; and the board of commissioners by and under the authority of R.S. 38:1633, has levied and does hereby levy and authorize the collection of the sum of $______ as a maintenance tax for the year; the annual installment of tax and maintenance tax on the real estate and other property situated in your parish are set out in the following table, in which are: (1) The names of the owners of the lands and other property as of January 1, of this year; (2) the description of the lands and other property opposite the names of the owners; (3) the amount of the installment of tax levied on each tract of real estate and other property, and (4) the amount of maintenance tax levied against the land and property.

The taxes shall be collectible and payable the present year at the same time that state and parish taxes are due and collectible, and you are directed and ordered to demand and collect the taxes at the time you demand and collect the state and parish taxes due on the same lands and other property, and this "Drainage Tax Book" shall be your warrant and authority for making demand and collection.

Witness the signature of the president of the board of commissioners, attested by the seal of the district, and the signature of the secretary of the board, this ______ day of _________ A.D. 19 ____

(Seal)

____________________________

President.

___________________________

Secretary.

Then shall follow a table or schedule showing in properly ruled columns, (1) the names of the owners of the lands and other property of date January 1st, of the year of the levy; (2) the descriptions of the lands and other property opposite the names of the owners; (3) the amount of the annual installment tax levied on each tract of land or piece of property; (4) the amount of maintenance tax; (5) a blank column in which the collector shall record the several amounts as collected by him; (6) a blank column in which the collector shall record the date of payment of the different sums; (7) a blank column in which the collector shall record the names of the person or persons paying the several amounts. The columns in which appear the annual installment tax and the maintenance tax, if any, shall be correctly totaled and the total amount shall correspond to the amount set out in the above mentioned certificate. The certificate and table shall be prepared in the form of a well-bound book, which shall be endorsed and named "Drainage Tax Book" _________ Drainage District _____, _____ Parish, Louisiana, for the year 19 __, which endorsement shall also be printed at the top of each page in the book.
La. Rev. Stat. § 38:3087.114 — LA Code / Code revised-statutes / Title 38 / Section 3087.114
Board of commissioners, appointment; tenure; vacancies; compensation; domicile
Status: in_force

A. The district shall be governed and controlled by a board of three commissioners, each of whom shall reside in or own property in the district. Two members shall be appointed by the legislative delegation representing Concordia Parish and one member shall be appointed by the governing authority of Concordia Parish.

B.(1) The initial members of the board shall serve as follows: two commissioners shall serve five-year terms, two commissioners shall serve three-year terms, and one commissioner shall serve a one-year term. Commissioners shall draw lots for their initial terms at the first commission meeting. Thereafter, all commissioners shall serve five-year terms.

(2) The member added to the board by Act 446 of the 2003 Regular Session shall serve an initial term of one year and the successors of such member shall serve terms of five years.

(3) Any vacancy in the office of commissioner shall be filled in the manner of the original appointment for the remainder of the unexpired term.

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

Acts 1999, No. 588, §1; Acts 2003, No. 446, §1; Acts 2014, No. 207, §1.
La. Rev. Stat. § 38:3013 — LA Code / Code revised-statutes / Title 38 / Section 3013
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 1970, No. 600, §1.
La. Rev. Stat. § 38:2189.1 — LA Code / Code revised-statutes / Title 38 / Section 2189.1
Prescription; claims by contractors; surety
Status: in_force

Any action by the contractor on the contract or on the bond, or by the contractor or the surety or both on the bond furnished by the contractor, against the state, or any of its agencies, boards or subdivisions, all in connection with the construction, alteration, or repair of any public works let by the state or any of its agencies, boards, or subdivisions, shall prescribe five years from the completion, the substantial completion, as defined in R.S. 38:2241.1, or acceptance of such work, whichever occurs first, or of notice of default of the contractor or other termination of the contract, unless otherwise limited in this Chapter. Any action which would be extinguished by the provisions of this Section may be brought within one year of the effective day of this Section.

Added by Acts 1982, No. 544, §1.
La. Rev. Stat. § 38:2551 — LA Code / Code revised-statutes / Title 38 / Section 2551
Creation; location
Status: in_force

The Bayou D'Arbonne Lake Watershed District is hereby created out of Bayou D'Arbonne, Bayou Corney (Little and Big), Bayou Little D'Arbonne, Bayou Middle Fork, and the watershed of each of the said streams, situated in the parishes of Lincoln and Union and more particularly defined as follows:

Lincoln Parish: All of Lincoln Parish lying and being situated East of the Range line dividing Ranges 3 and 4 West.

Union Parish: All of Union Parish lying and being situated west of Bayou De'Loutre.

Added by Acts 1956, No. 9, §1. Amended by Acts 1962, No. 194, §1.
La. Rev. Stat. § 38:479 — LA Code / Code revised-statutes / Title 38 / Section 479
Bondholder's right to enforce levy and collection of tax
Status: in_force

In case for any cause it becomes necessary to enforce payment of the principal and interest of the improvement bonds, any court of competent jurisdiction, at the joint or separate suit of any holder of bonds of the board, may require the tax collector of the parish or parishes in which any of the territory of the district which issued the bonds may be located, under the direction and orders of the court, to proceed to levy and collect the taxes and local contributions levied in R.S. 38:477 and to pay the amount so collected into the state treasury. The amount so paid shall not be used for any other purpose than to pay the interest and principal of the bonds.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3014 — LA Code / Code revised-statutes / Title 38 / Section 3014
Property exempt from taxation
Status: in_force

The lands which lie within and form the proposed lake proper shall not be subject to any ad valorem taxation or any other tax of any nature whatsoever by either the State of Louisiana or any of its political subdivisions, for so long as the said lands shall form and lie within the lake proper. All property acquired, however, regardless of the manner in which it is acquired or the source from which it is acquired, shall thereafter become the property of the State of Louisiana for the use and benefit of the Jackson-Bienville Parishes Dugdemona Watershed District.

Added by Acts 1970, No. 600, §1.
La. Rev. Stat. § 38:2192 — LA Code / Code revised-statutes / Title 38 / Section 2192
Certain contract amendments and revisions; recordation
Status: in_force

Each amendment or other revision to any service or insurance contract which adds an amount of ten percent or more of the original contract amount and which additional amount is at least ten thousand dollars or all amendments and other revisions to any service or insurance contract aggregating to an amount of twenty percent or more of the original contract amount and which additional amount is at least ten thousand dollars shall be recorded by the public entity which entered into the contract in the office of the recorder of mortgages in the parish where the public entity is domiciled not later than thirty days after the date of the amendment or other revision which requires that the recordation take place. In addition, the original contract shall be recorded together with the amendments or other revisions if not previously recorded.

Acts 2011, No. 343, §2.
La. Rev. Stat. § 38:1628 — LA Code / Code revised-statutes / Title 38 / Section 1628
Hearing and determination of expropriation suits; approval of report of board of appraisers; appeal
Status: in_force

The clerk of the district court shall without delay set the suit for hearing by the court for a date not earlier than sixteen days from and after the date of the latest service of the citation and not earlier than ten days from and after the date of the last publication of the notice; or, in case posting of the notice was made, then not earlier than thirty days from and after the date of the last posting of the notice.

On the day set for the hearing of the suit, the judge of the court shall proceed to hear and determine in a summary manner and without the intervention of a jury all issues tendered in said suit, and it shall not be necessary to enter defaults against any defendants or property owners who have not answered or contested the suit.

The court shall hear, consider, and determine the matter of the expropriation of all property sought to be expropriated in the suit, and the price to be paid therefor, without the intervention of a jury, and the report of the board of appraisers shall be prima facie proof of the necessity for the expropriation of the property and of the value thereof, as well as of all other matters and things contained in the report.

If it appears to the satisfaction of the court after having heard and determined the report of the board of appraisers, the petition of the board of commissioners of the district, and all objection and contests that have been filed, that the estimated cost of constructing the improvements contemplated in the plan for reclamation is less than the benefits assessed against the lands and other property in the district, or sub-district, as the case may be, then the court shall approve and confirm the report of the board of appraisers, or shall modify and amend the report and approve and confirm the report as so modified and amended. The report as so confirmed shall be incorporated in and made a part of the court's decree. The court shall condemn and order the expropriation of all lands and other property, within or without the drainage district, that is shown to be needed for rights of way, levees, canals, holding basins, pumping plant sites, and other works, and shall fix the price to be paid for the property.

In the event of contest over the confirmation of the report, the court shall apportion the costs or attorney's fees as may seem equitable.

The clerk of court shall transmit a certified copy of the decree of the court to the secretary of the board of commissioners of the drainage district who shall record the decree in the record book of the district.

The decree and report as confirmed or amended shall be recorded in the drainage district record book of the parish in which any of the lands of the district are situated. Appeal may be taken from the decree of the court by the drainage district or any party in interest who has filed contest in the proceedings, as in other cases, and all appeals shall be tried in a summary manner and by preference.

The decree of the district court, or the decree as confirmed or amended upon any appeal therefrom shall be conclusive upon every person of the legality in every respect of the report of the board of appraisers as the report shall have been confirmed by the decree and shall be conclusive of the right of the commissioners of the drainage district to proceed to reclaim the district or sub-district, as the case may be, in accordance with the plan for reclamation, and to levy taxes and issue bonds.
La. Rev. Stat. § 38:3087.62 — LA Code / Code revised-statutes / Title 38 / Section 3087.62
Contracts let by board
Status: in_force

Any and all contracts of the district shall be let by the board of commissioners under the provisions of the Public Bid Law, R.S. 38:2181 et seq.

Acts 1995, No. 443, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:2226 — LA Code / Code revised-statutes / Title 38 / Section 2226
Exclusion of certain contractors from water well contracts
Status: in_force

A. A contractor who is a resident of a state which has more stringent licensing requirements for the business of drilling, reworking, or otherwise constructing water wells at or in connection with the construction of a public park, roadside park, or other similar facility for public use than the licensing requirements of the state of Louisiana shall not be awarded a contract for the drilling, reworking, or otherwise constructing of a water well by the state or any of its departments, boards, commissions, or agencies or any political subdivision of the state.

B. Upon application to the attorney general by a public entity, the attorney general shall make the determination as to whether the licensing requirements of a state are more stringent than applicable laws of this state. The denial by the licensing authorities of another state of a license to a contractor who is a resident of and licensed in this state, when the denial is based upon the statutory qualifications of the applicant, shall constitute prima facie evidence that the licensing requirements of such state are more stringent than the Louisiana licensing requirements.

Added by Acts 1980, No. 715, §1.
La. Rev. Stat. § 38:402 — LA Code / Code revised-statutes / Title 38 / Section 402
Appropriation of funds raised for levee purposes
Status: in_force

A. Any levee board or levee and drainage board with the approval of the office of engineering may appropriate any funds raised under the provisions of R.S. 38:401 or any funds now on deposit in the state treasury heretofore raised for the purpose of levee work to be done jointly with the Mississippi River Commission under the terms of the Act of Congress approved on the first day of March, 1917*. Upon the filing with the state auditor and treasurer of the resolution of the levee board or levee and drainage board setting forth the appropriation, the amount indicated shall remain in the state treasury in a fund for this purpose to be untouched for any purpose, subject to being paid out upon the warrant of the Mississippi River Commission according to any method it may adopt. The appropriation may be withdrawn from the state treasury upon the warrant of the president of any levee board or levee and drainage board countersigned by the secretary and approved by the office of engineering, with the levee board or levee and drainage board's resolution attached thereto, and disposed of as the Mississippi River Commission shall deem proper. If the funds are to be deposited in any state or federal depository, evidence of that fact shall be delivered to the state treasurer within ten days from the time of the withdrawal of the fund from the state treasury.

B. Within ninety days after the completion of the work for which the appropriation was made or as soon thereafter as possible, there shall be deposited with the state treasurer by the president of the levee board or levee and drainage board evidences of the expenditure upon the work. The auditor and treasurer shall approve and honor all warrants presented according to the authority herein granted. In making any appropriation authorized hereunder, no board shall impair the security of any existing obligation or deplete any fund already pledged.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 753, §5.

*AS APPEARS IN ENROLLED BILL.
La. Rev. Stat. § 38:3322 — LA Code / Code revised-statutes / Title 38 / Section 3322
Purpose
Status: in_force

The purpose of the district shall be to:

(1) Participate in any activity designed and conducted to promote drainage and flood-risk reduction within the boundaries of the district.

(2) Promote and support a unified effort to address drainage and flood issues in the region in cooperation with local, state, and federal agencies.

(3) Identify local public sources of revenue or expenditure that may be used to draw down federal matching funds for the provision of drainage projects to reduce flood risk.

(4) Cooperate with local, state, and federal entities engaged in planning and construction of drainage and flood reduction and mitigation projects in the state and region.

(5) Cooperate with local and state entities engaged in establishing best practice development standards for flood-risk reduction and mitigation in the region.

Acts 2023, No. 323, §1.
La. Rev. Stat. § 38:2046 — LA Code / Code revised-statutes / Title 38 / Section 2046
District tax; collection and allocation of proceeds thereof
Status: in_force

For the purpose of providing revenue to carry out the objects contemplated hereby, the board may levy and collect annually a tax on all property in the district subject to a district tax under the authority of Article VI, Section 32 of the Constitution of Louisiana, pursuant to an election called by the board and held for that purpose. The assessors shall extend the tax on the tax roll, and the tax collector shall collect the district tax in the same manner as other district taxes are collected. The avails of this tax are to be used for the acquisition, construction, improvement, maintenance, or operation of facilities or improvements, including the cost of relocating pipelines and public utility facilities.

Added by Acts 1982, No. 69, §1.
La. Rev. Stat. § 38:3086.1 — LA Code / Code revised-statutes / Title 38 / Section 3086.1
Creation; purposes
Status: in_force

There is hereby created a body politic and corporate, to be known as the Teche-Vermilion Fresh Water District (hereinafter referred to as "District"), for the purpose of establishing, maintaining and protecting a fresh water supply in Bayou Teche and the Vermilion River in the parishes constituting the district for the benefit of the area comprising the district and the residents thereof.

Acts 1969, No. 41, §1.
La. Rev. Stat. § 38:90.4 — LA Code / Code revised-statutes / Title 38 / Section 90.4
Methodology for flood-control project evaluation
Status: in_force

A.(1) Applications for funding of any flood-control projects under the Statewide Flood Control Program may be submitted by any duly authorized municipal, parish, or other governing authority. Applications shall be made to the office of engineering by October first of each year, for consideration of funding in the following fiscal year. Pre-applications may be submitted at any time throughout the year but shall be received no later than May first of each year to be eligible for consideration of funding in the next program approval as provided in this Section. In the event that a flood disaster declaration has been issued by the governor for a municipality or parish, no later than September first of the year immediately following the gubernatorial flood disaster declaration, the Department of Transportation and Development shall send notice by registered or certified mail to the governing authority of that municipality or parish containing information regarding the application procedures and deadlines to submit eligible flood control projects in that particular municipality or parish. The governing authority of the municipality or parish shall submit an application for funding to the office of engineering by October first of the year following the declaration. Applications submitted in accordance with the provisions of this Chapter shall not be subject to the provisions of R.S. 39:101. Sponsoring authorities with a population of fifty thousand persons or more shall be responsible for the preparation of applications for their respective projects. For sponsoring authorities with a population of less than fifty thousand persons, the office shall prepare the applications for the projects, or the sponsoring authority may prepare its application in the event the office cannot accomplish required engineering services in a timely manner. Information to be provided in the application shall include but not be limited to the following:

(a) Description of magnitude of the flooding or drainage problem and demonstration of immediate need for the project.

(b) Preliminary project design and cost estimate.

(c) Description of project area including the geographical area affected, land ownership information, soils and vegetation, relationship of affected area to geologic floodplains and flood-prone areas, and flooding history.

(d) Regulatory permit requirements, if any.

(e) Project area classification either urban or rural.

(f) Benefit-cost information.

(g) Consideration given to nonstructural techniques for reducing flood damages.

(h) The impact of the project on agricultural lands and the feasibility of including agricultural irrigation development in the project.

(i) Statement of sponsorship.

(j) Any negative and positive impact on adjacent parishes both upstream and downstream from the project.

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

B.(1) Applications shall be reviewed by the office of engineering, the Coastal Protection and Restoration Authority, the division of administration, the United States Soil Conservation Service, and any other appropriate state agencies.

(2) Projects shall then be systematically evaluated by a flood control project evaluation committee consisting of the assistant secretary of the office of engineering, the director of the Louisiana Geological Survey, and the commissioner of the division of administration, or their designated representatives. The assistant secretary of the office of engineering shall chair the evaluation committee and the office of engineering shall provide staff support for the program. The following criteria may be considered in the evaluation:

(a) Reduction of threat to human lives.

(b) Benefit-to-cost information.

(c) Technical feasibility.

(d) Ability of sponsor to secure necessary permits.

(e) Agricultural uses affected.

(f) The impact on adjacent areas, both upstream and downstream from project.

(g) Population and effect on existing developments.

(h) Flooding history, location with respect to flood-prone areas and geologic floodplains.

(i) Compatibility with federal, state, and other local projects and plans within the hydrologic basin.

(j) The effectiveness of the project in protecting existing development without encouraging expansion of development into flood hazard areas.

(k) Local support for the project.

C. Procedures for review and evaluation shall be developed by the Flood Control Project Evaluation Committee. Prior to implementing the review and evaluation procedures the evaluation committee shall secure the approval of these procedures by the Joint Committee on Transportation, Highways and Public Works consistent with the requirements of R.S. 49:966. These procedures and a set of guidelines for completing project applications shall be made available to all eligible authorities as defined in this Chapter prior to March 1, 1983.

Added by Acts 1982, No. 351, §1; Acts 1983, No. 224, §1. Acts 1984, No. 519, §1; Acts 1993, No. 98, §1, eff. May 26, 1993; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2004, No. 33, §2; Acts 2006, 1 st Ex. Sess., No. 6, §4; Acts 2006, No. 11, §4; Acts 2012, No. 601, §1, eff. June 7, 2012; Acts 2012, No. 753, §5; Acts 2015, No. 28, §1; Acts 2017, No. 360, §1; Acts 2018, No. 384, §1.

NOTE: See Section 2 of Acts 1983, No. 224, §1.
La. Rev. Stat. § 38:2602 — LA Code / Code revised-statutes / Title 38 / Section 2602
Location
Status: in_force

The area comprising the said District shall be all of Ward 2, Sections 19, 30 and 31, Township 20 North, Range 12 West; and Sections 6, 7, 8, 17 and 18 Township 19 North, Range 12 West of Ward 5, all in Bossier Parish, Louisiana, and the following described property, to-wit:

Beginning at a point where the North line of Section 3, Township 17 North, Range 13 West, Bossier Parish, Louisiana, intersects the East Right-of-Way line of Kansas City Southern-Louisiana & Arkansas Railway Company; thence Southeasterly along the East Right-of-Way of the Louisiana and Arkansas Railroad Right-of-Way, to a corner of Barksdale Air Force Base, being also United States Monument No. 163, run thence along the Boundary of Barksdale Air Force Base as follows: North 89°57' East, a distance of 1,552.96 feet, South 14°15' East a distance of 1,714.94 feet, South 46°15' East a distance of 1,203.08 feet to a point being the most Southerly Boundary corner of Barksdale Air Force Base; North 72°35'50" East, a distance of 1,043.65 feet; South 17°24'10" East, a distance of 130 feet; run thence North 72°35'50" East, a distance of 20.43 feet; run thence South 17°24'10" East, a distance of 150 feet; run thence South 62°24'10" East, a distance of 42.42 feet; run thence South 17°24'10" East, a distance of 35.7 feet; run thence South 25°22'45" East, a distance of 68.96 feet; run thence South 33°21'30" East, a distance of 211.17 feet, run thence South 20°42'30" East, a distance of 121.26 feet; run thence South 8°03'30" East, a distance of 157.16 feet; run thence South 81°56'30" West, a distance of 310 feet; run thence North 8°03'30" West, a distance of 92.15 feet; run thence North 20°42'30" West, a distance of 136.60 feet; run thence North 33°21'30" West, a distance of 137.34 feet; run thence North 25°22'45" West, a distance of 155.06 feet; run thence North 7°24'10" West, a distance of 35.7 feet; run thence North 62°24'10" West, a distance of 42.42 feet; run thence South 72°35'50" West, a distance of 250 feet; run thence South 35°02'50" West, a distance of 50.45 feet; run thence South 72°35'50" West, a distance of 30 feet; run thence North 70°12'10" West, a distance of 50.86 feet; run thence South 72°35'50" West, a distance of 254.27 feet; run thence South 30°23'10" West, a distance of 55.35 feet to a point being the common rear corner of Lots 84 & 85 of said Bellaire Subdivision Unit No.1; run thence South 23°53'50" East, a distance of 101.20 feet; run thence South 33°21'30" East, a distance of 351.05 feet; run thence South 71°51'40" West, a distance of 32.7 feet; run thence South 8°03'30" East, a distance of 203.2 feet to a point being the most Southeasterly corner of Bellaire Subdivision Unit No. 1, said point also being on the South Right-of-Way line of Bellaire Boulevard; run thence South 81°56'30" West along said South Right-of-Way line of Bellaire Boulevard, a distance of 90 feet to the point of a curvature of a curve to the left having the following data: Delta = 90°00', Tangent = 20 feet and Radius of 20 feet; run thence Southeasterly along said curve, a distance of 31.42 feet; run thence South 81°56'30" West, a distance of 50 feet to the point of tangency of a curve having the following data: Delta = 90°00', Tangent = 20 and Radius = 20 feet; run thence along said curve in a Southwesterly direction, a distance of 31.42 feet; run thence South 81°56'30" West, a distance of 540.59 feet to the point of curvature of a curve to the left having the following data: Delta = 25°18', and Radius = 408.70 feet; run thence Southwesterly along said curve, a distance of 180.47 feet to a point on the Northeasterly line of the Louisiana and Arkansas Railroad Right-of-Way; run thence South 33°23' East, along the East right-of-way line of the KCS-L&A Railway to the Southwest corner of Lot No. 12 of the Clay Plantation Pecan Orchard Subdivision Unit No. 1 as recorded in Book 141, Page 163, Records of Bossier Parish, Louisiana; run thence South 89°05' East a distance of 601.54 feet; run thence North a distance of 363.60 feet; run thence South 89°00' East a distance of 1,461.05 feet; run thence North 0°05' East a distance of 10 feet; run thence South 89°00' East a distance of 109.74 feet; run thence North 0°11' East a distance of 495.13 feet; run thence North 89°22' East a distance of 405.46 feet; run thence North 27°38' East, a distance of 447.90 feet, to a point being on the South boundary line of Barksdale Air Force Base, said point also being on a line common to Sections 2 and 11; run thence North 89°59' East, along said line common to Sections 2 and 11; a distance of 1,214.24 feet to a point being the common corner of Sections 1, 2, 11 and 12, Township 17 North, Range 13 West, run thence North 89°59' East, along a line common to Sections 1 and 12, a distance of 1,214.10 feet; run thence South 0°02' West, a distance of 173.50 feet; run thence South 89°58' East, a distance of 1.00 foot; run thence South 0°02' West, a distance of 150 feet; run thence South 43°52' West, a distance of 41.51 feet; run thence South 0°30' East, a distance of 673.38 feet; run thence South 49°16' East, a distance of 35.44 feet; run thence South 3°40' East, a distance of 155 feet; run thence South 86°20' West, a distance of 2.77 feet; run thence South 3°40' East, a distance of 100 feet; run thence South 49°24' West, a distance of 49.63 feet; run thence South 0°30' East, a distance of 340.17 feet; run thence South 43°21' East, a distance of 58.47 feet; run thence South 7°35' West, a distance of 146.79 feet; run thence North 82°25' West, a distance of 43.67 feet; run thence South 7°35' West, a distance of 190.88 feet to a point being on the Northerly high bank of Macks' Bayou; run thence South 0°07' East, a distance of 83.86 feet to a point on the Southerly high bank of Macks' Bayou, said point also being the Northeast corner of Lot 20 of Shady Grove Subdivision Unit No. 3 as recorded in Book 275, Pages 306 and 307 records of Bossier Parish, Louisiana; run thence South 80°11' East, a distance of 381.77 feet; run thence South 71°11' East, a distance of 621.77 feet; run thence South 69°14' East, a distance of 195.90 feet; run thence North 80°04' East, a distance of 62.90 feet; run thence East, a distance of 228.81 feet; run thence South, a distance of 925.27 feet; run thence South 89°22' West, a distance of 4,987.20 feet to a point on the West Right-of-Way line of Parkway Drive, said point being the Southeast corner of Lot 7, Replat Shady Grove Subdivision Unit No. 1; run thence South 33°13' East along said West Right-of-Way line, a distance of 150 feet; run thence South 56°47' West, a distance of 148 feet to a point on the East right-of-way line of the KCS-L&A Railroad; run thence North 33°13' West, along said East right-of-way line, a distance of 2,108.20 feet; run thence South 89°22' West a distance of 1,254.45 feet to the East line of the Red River levee; run thence along said East levee line, as follows: North 11°36' West a distance of 1,780.5 feet, North 50°05' West a distance of 917.93 feet, North 14°35'05" West a distance of 1,439.59 feet, North 74°19'30" West a distance of 1,008.28 feet, North 14°45' West a distance of 653.58 feet, North 55°22'20" West a distance of 1,545.24 feet, North 20°39'20" West a distance of 288.78 feet, North 36°04'20" West a distance of 766.57 feet, North 14°13'20" West a distance of 444.64 feet to a point being the intersection of the Northeasterly line of the existing Red River Levee with the Northeasterly line of the original Red River Levee as shown with the Resubdivision of Fertile Gardens Unit No. 3 as recorded in Book 60, Page 487 of Records of Bossier Parish, Louisiana; run thence Northwesterly along said Northeasterly line of said original Red River Levee (being also the Northeasterly line of the existing levee) to the intersection with the Township line between Township 17 North, Range 13 West and Township 18 North, Range 13 West; run East along the North line of Section 3, Township 17 North, Range 13 West, to point of beginning, which point is the intersection of the East right-of-way line of the Kansas City Southern Arkansas & Louisiana Railway Company with the North line of Section 3, Township 17 North, Range 13 West, Bossier Parish, Louisiana, point of beginning and being all that part of Ward One, Bossier Parish, Louisiana within the City Limits of Bossier City, Bossier Parish, Louisiana, as per Ordinance No. 800 recorded in Vol. 364, Page 290, Bossier Parish Records. In addition to all of the above described territory, there shall be included within said District all of the territory lying within the municipal limits of Bossier City, Parish of Bossier, as said limits are now or may be hereafter constituted.

Added by Acts 1958, No. 292, §2. Amended by Acts 1964, No. 305, §1; Acts 1968, No. 502, §1.
La. Rev. Stat. § 38:2826 — LA Code / Code revised-statutes / Title 38 / Section 2826
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 the parish of which said commissioner is a resident.

Added by Acts 1966, No. 262, §6.
La. Rev. Stat. § 38:3087.137 — LA Code / Code revised-statutes / Title 38 / Section 3087.137
Hearings
Status: in_force

A. At hearings conducted by the board, members of the board or members of its staff may testify and present exhibits or other evidence.

B. Notice of hearings by the board must be given by publication in the official journal of each parish within the district.

C. When authorized by the board, the chairman of the board may subpoena witnesses and require their attendance and testimony before the board. The chairman may require the production of any books, papers, or records material to the questions lawfully before the board. Subpoenas shall be served by any agent of the board, by the sheriff, or by any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying or producing books, papers, or records, or from obeying the subpoena of the board or of a court of record on the ground that the testimony or evidence required by such person may tend to incriminate or subject the person to penalty or forfeiture. Nothing in this Section shall be construed as requiring any person to produce books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before the board or a court for determination. No natural person shall be subject to criminal prosecution or to any penalty or forfeiture relative to any testimony or evidence required to be provided to the board or a court. However, no person testifying shall be exempt from prosecution and punishment for perjury.

D. In the case of failure or refusal of a person to comply with a subpoena issued by the chairman of the board, or in the case of the refusal of a witness to testify or answer as to a matter regarding which the person may be lawfully interrogated, any district court on application of the board may, in term time or in vacation, issue an attachment to compel the person to comply with the subpoena and to appear before the board with the requested documents and to give testimony upon whatever matters are lawfully required. The court may punish for contempt those disobeying its orders as in the case of disobedience of a subpoena issued by the court or refusal to testify therein.

E. The board shall make a record of all hearings which shall be available for public inspection at the office of the board during reasonable office hours.

Acts 1999, No. 1228, §1.
La. Rev. Stat. § 38:1616 — LA Code / Code revised-statutes / Title 38 / Section 1616
Recordation of certified copies of ordinances creating districts; publication
Status: in_force

Certified copies of all ordinances of police juries creating drainage districts under the provisions of this Part shall be recorded in the drainage district record book provided in R.S. 38:1615 in each parish in which any of the land is situate comprising the drainage district.

The ordinance creating the drainage district, after having been so recorded, shall be published once a week for two successive weeks in a newspaper published in the drainage district. If there is no newspaper published therein, then in a newspaper published in any parish in which any of the lands of the district are situated, or if there is no newspaper, then in a newspaper published in an adjoining parish. Whenever publication is made in a newspaper published outside the boundaries of the drainage district, copies of the ordinance shall be posted on the principal front door of the court house of the district court of each parish in which any lands of the district are situated, and shall also be posted at not less than four other public places within the drainage district.
La. Rev. Stat. § 38:2556 — LA Code / Code revised-statutes / Title 38 / Section 2556
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 the parish of which said commissioner is a resident.

Added by Acts 1956, No. 9, §6.
La. Rev. Stat. § 38:3384 — LA Code / Code revised-statutes / Title 38 / Section 3384
South Louisiana Port and Intermodal Transportation Commission
Status: in_force

A. The governing authorities of St. John the Baptist Parish and the South Louisiana Port Commission, pursuant to the authority in Article 7, Section 14(C) of the Constitution of Louisiana may engage in a cooperative endeavor for the purpose of creating the South Louisiana Port and Intermodal Transportation Commission.

B. The purpose of the commission shall be to provide for coordination of the regulation of commercial transportation on the Mississippi River as it flows through St. John the Baptist Parish. It is the intention of the legislature that the commission shall use its powers to promote air and river commercial transportation for the enhancement of the economic conditions in the river parishes.

C. The South Louisiana Port and Intermodal Transportation Commission shall be finally created only upon adoption of an ordinance and/or resolution creating the commission adopted by both the parish governing authority and the South Louisiana Port Commission. The ordinance or resolution shall provide for membership on the commission and set forth its powers, functions, duties, and responsibilities. In addition, a resolution by the South Louisiana Port shall be adopted no sooner than twenty-four hours after a public meeting specifically held to consider such matter and to receive public comment thereon.

D. Upon creation by ordinance, the parish governing authority, South Louisiana Port Commission, and the South Louisiana Port and Intermodal Transportation Commission may enter into a cooperative endeavor pursuant to this Chapter which endeavor may include provision for the transfer of any obligations of any airport within the parish to the South Louisiana Port and Intermodal Transportation Commission.

Acts 1997, No. 1041, §2.
La. Rev. Stat. § 38:90.5 — LA Code / Code revised-statutes / Title 38 / Section 90.5
Report to Joint Legislative Committee on Transportation, Highways and Public Works; recommendation of the Flood Control Project Evaluation Committee; flood protection needs study; incremental funding of rural and urban projects
Status: in_force

A. The final revision provided for in R.S. 38:90.2 by the Floodplain Evaluation and Management Commission shall be furnished to the committee and the Flood Control Project Evaluation Committee prior to the beginning of the 2022 Regular Session of the Legislature and every fifth year thereafter. However, that portion of the final revision encompassing the Amite River Basin shall be furnished to the committee and the Flood Control Project Evaluation Committee prior to the beginning of the 2020 Regular Session of the Legislature. Prior to each legislative session beginning with the 2023 Regular Session of the Legislature, the evaluation committee shall submit a recommended list of projects, including supporting data, to the committee. The committee shall conduct hearings to receive the revision of the flood information database called for in R.S. 38:90.2 and the recommendations from the evaluation committee.

B. The committee may employ a consultant to assist in the formulation of a statewide masterplan for flood control.

C. Pursuant to the development of a statewide master plan for flood control, the first priority in Fiscal Year 1990-91 for monies made available to the Statewide Flood-Control Program shall be used to conduct a statewide study to determine flood protection needs. The total cost of such study shall not exceed one hundred thousand dollars. The study shall address problem areas with proposed projects of one million dollars or greater and shall identify problems, study alternatives, and propose solutions.

D. The Department of Transportation and Development is authorized to provide for incremental funding of rural and urban projects by permanently suspending or eliminating the rule adopted in accordance with the Administrative Procedure Act relative to the Statewide Flood-Control Program, which requires that redistributed funds shall be sufficient to complete a project. Nothing in this Section shall be construed to affect the urban/rural distribution formula.

Added by Acts 1982, No. 351, §1; Acts 1990, No. 929, §1; Acts 1992, No. 422, §1; Acts 2017, No. 360, §1.
La. Rev. Stat. § 38:90.11 — LA Code / Code revised-statutes / Title 38 / Section 90.11
Inspections; operation and maintenance; file of project plans
Status: in_force

A. The office shall approve the engineering and construction plans for the proposed projects that are prepared by consultant engineers for project sponsors. The office may inspect the construction of a project at any time to reasonably assure project compliance. The consultant engineer shall certify the compliance to assure that:

(1) The contractor is substantially complying with the engineering plans and specifications of the project.

(2) The contractor is constructing the project with quality materials and using sound engineering principles.

B. The office shall inspect a completed project with the consultant engineer. The consultant engineer shall certify that construction is in accordance with plans and specifications.

C. Upon completion of the project, the office shall provide an operation and maintenance manual to the sponsor. For projects completed under the supervision of a consultant engineer, the consultant shall complete and provide an operation and maintenance manual to the sponsor. The office may inspect a completed project at any time to assure that the facility is being maintained in accordance with the standards of operation and maintenance manual and as described in the statement of sponsorship.

D. The office shall maintain a file of applications, plans, and Statements of Sponsorship for each project proposed for funding under provisions of this Chapter.

E. Each authority must maintain its projects in accordance with the approved maintenance manual for not less than three years in order to retain eligibility for funding of any subsequent project.

Added by Acts 1982, No. 351, §1; Acts 1983, No. 224, §1.
La. Rev. Stat. § 38:1758 — LA Code / Code revised-statutes / Title 38 / Section 1758
Board of commissioners; eligibility
Status: in_force

All gravity drainage districts formed or created under the provisions of this Part shall be governed and controlled by five commissioners, who shall be the governing authority of the district or sub-district. These commissioners or their wives must be assessed with real estate in the district to the value of five hundred dollars, or they must be the representative of some corporation owning lands in the district to the value of five hundred dollars. The representative of a corporation may be an officer of the corporation, or may be some person not connected with the corporation as officer or stock holder, but is designated to represent the corporation by a resolution of the board of directors to that effect. Persons possessing the qualifications, or persons thus designated to represent a corporation, may be drainage commissioners, whether they be residents or non-residents. A drainage commissioner may hold the position of drainage commissioner in two or more drainage districts and may hold these positions in addition to any other office that may be held by him, and the holding of position as drainage commissioner shall not be considered in contemplation of law as dual office holding.
La. Rev. Stat. § 38:2242.2 — LA Code / Code revised-statutes / Title 38 / Section 2242.2
Filing of bond or other security; cancellation of statement of claim or privilege
Status: in_force

A. If a statement of claim or privilege is filed, any interested party may deposit with the recorder of mortgages either a bond of a lawful surety company authorized to do business in the state or cash, certified funds, or a federally insured certificate of deposit to guarantee payment of the obligation secured by the privilege or that portion as may be lawfully due together with interest, costs, and attorney's fees to which the claimant may be entitled up to a total amount of one hundred twenty-five percent of the principal amount of the claim as asserted in the statement of claim or privilege. A surety shall not have the benefit of division or discussion.

B. If the recorder of mortgages finds the amount of the cash, certified funds, or certificate of deposit or the terms and amount of a bond deposited with him to be in conformity with this Section, he shall note his approval on the bond and make note of either the bond or of the cash, certified funds, or certificate of deposit in the margin of the statement of claim or privilege as it is recorded in the mortgage records and cancel the statement of claim or privilege from his records by making an appropriate notation in the margin of the recorded statement. The bond shall not be recorded but shall be retained by the recorder of mortgages as a part of his records.

C. Any party who files a bond or other security to guarantee payment of an obligation secured by a privilege in accordance with the provisions of Subsection A of this Section shall give notice to the public entity, the claimant, and the contractor by certified mail.

Acts 1989, No. 418, §1; Acts 1991, No. 543, §1.
La. Rev. Stat. § 38:292 — LA Code / Code revised-statutes / Title 38 / Section 292
Board of commissioners; Red River, Atchafalaya, and Bayou Boeuf Levee District; training required; executive director expectations and requirements
Status: in_force

A.(1) The governing authority of the Red River, Atchafalaya, and Bayou Boeuf Levee District shall be a board of commissioners to be known as the Board of Commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee District. The board shall consist of members selected pursuant to R.S. 38:291(M)(2).

(2) The mission of the Red River, Atchafalaya, and Bayou Boeuf Levee District is to protect and provide maintenance for the levees in St. Landry, Avoyelles, and Rapides Parishes.

B.(1) Board members of the Red River, Atchafalaya, and Bayou Boeuf Levee District shall be governed by the Code of Governmental Ethics. Violation of the code shall be cause for immediate removal from the board.

(2) A board member's failure to act with a fiduciary duty of loyalty and care shall be cause for immediate removal from the board.

C.(1) Employees of the district shall not be employees of the board or its members. Individual members of the board shall not direct, instruct, supervise, or manage employees under the direction and supervision of the executive director other than clerical duties of the staff assigned to the individual board member relative to administrative duties consistent with the mission of the district.

(2) The executive director is expected to carry out the policies of the board, without interference, including the following responsibilities:

(a) The administration of the policies and projects of the board as directed and delegated by the president.

(b) The supervision of all of the daily operations of the levee district and to make recommendations to the president regarding the efficient and effective operation of the levee district.

(c) The provision of all applicable notice of all meetings of the board and committees, and all other applicable notice required by law or rule.

(d) The preparation of agendas, in connection with the board secretary, for regular and special meetings of the board.

(e) The preparation of annual and interim operating budgets and provision of reports to the board on the status of operational expenditures.

(f) The promotion and coordination of all safety training programs for board staff, including overseeing the safe operation of all district equipment and facilities.

(g) The preparation and update of the emergency procedures manual required by R.S. 38:319.

(h) The review of permit requests and the issuance of permits that meet applicable criteria, if the executive director submits permit requests for board approval that the executive director deems merits the board's attention or that received a negative response from either the United States Army Corps of Engineers or the Department of Transportation and Development.

(i) The responsibility to act as the board's liaison with other governmental agencies with respect to day-to-day operations of the district.

(j) The performance of additional duties as directed by the president or the board, within the scope of his responsibility.

(3) Oversight and monitoring shall be conducted at board meetings. Individual board members shall not interfere in the daily operations or duties of the executive director. This provision shall not apply to actions taken by the board in its entirety by vote at a duly convened meeting.

D. No member of the board, nor the board in its entirety, shall use, occupy, obligate, or donate the resources, funds, equipment, or labor of the district for uses inconsistent with the Code of Governmental Ethics or inconsistent with the mission of the district.

E. At the beginning of a term, each board member shall receive a minimum of three hours of training and instruction on the laws of this state governing powers, duties, and responsibilities of levee board commissioners; the bylaws of the board of commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee District; and in environmental science, particularly flood protection.

Acts 2023, No. 372, §1, eff. June 1, 2024.
La. Rev. Stat. § 38:2319.7 — LA Code / Code revised-statutes / Title 38 / Section 2319.7
Purchase option
Status: in_force

All equipment-lease-purchase contracts shall provide that the lessee shall have the right to purchase any piece of selected equipment at the termination of payments for such piece of equipment as set forth in the lease-purchase contract for a sum not to exceed one dollar.

Acts 1985, No. 758, §1, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:3087.353 — LA Code / Code revised-statutes / Title 38 / Section 3087.353
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 on his own behalf or on 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 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:3087.347 — LA Code / Code revised-statutes / Title 38 / Section 3087.347
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 or to retard runoff of water and soil erosion; in the construction of any ditch, channel improvement, dike, dam, or levee; and in the repair, improvement, and maintenance of any of said improvements or structures.

(5) Manage and control the water level and make recommendations to the Wildlife and Fisheries Commission regarding lake drawdowns for biological purposes and aquatic plant control.

(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. The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.

(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, or federal 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 prior to June 29, 2005, and maintains and operates telegraph, telephone, and other lines for the transmission of intelligence.

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

(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 Lake St. John Recreation and Water Conservation District may have, with respect to the improvements and facilities maintenance of the district, the advice of the Department of Transportation and Development, and it may 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 district may request.

C. The district may incur debt for any one or more of its lawful purposes, issue in its name negotiable bonds or certificates of indebtedness evidencing such debt, and 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 Concordia 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, provided 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 Concordia 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 Concordia 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 2005, No. 214, §1, eff. June 29, 2005.
La. Rev. Stat. § 38:1655 — LA Code / Code revised-statutes / Title 38 / Section 1655
Additional levy for payment of principal and interest
Status: in_force

In case the proceeds of the original tax levy made under the provisions of R.S. 38:1631 are not sufficient to pay the principal and interest of all bonds issued, then the board of commissioners shall make any additional levy or levies upon benefits assessed necessary for this purpose. Under no circumstances shall any tax levies be made that will in any manner or to any extent impair the security of the bonds or the funds available for the payment of the principal and interest of the bonds.
La. Rev. Stat. § 38:472 — LA Code / Code revised-statutes / Title 38 / Section 472
Resolution authorizing bonds; contest of legality of bonds or tax
Status: in_force

The improvement bonds shall be authorized by a resolution of the board of commissioners of the district, and the resolution shall be promulgated by one insertion in a newspaper of general circulation published in the district. For a period of sixty days from the date of publication of the resolution, any person in interest may contest the legality of the bonds or of the tax authorized for the payment thereof for any cause. After this time, no one shall have any cause or right of action to contest the regularity, formality, or legality of the bond authorization or the tax provision for any cause. If the validity of the tax or bond issue is not contested within the time delay set forth in the constitution, the authority to issue the bonds, the legality thereof, and of the taxes necessary to pay the bonds shall be conclusively presumed, and no court shall have authority to inquire into these matters.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1632 — LA Code / Code revised-statutes / Title 38 / Section 1632
Tax lien on property; certificate and tables; record
Status: in_force

All drainage taxes, together with all penalties for default in payment of the taxes, and all costs in collecting the taxes, shall, from the date of filing the certificate hereinafter mentioned in the office of the clerk of court and recorder of mortgages for the parish wherein the lands and other properties are situated, until paid, constitute a tax lien upon all of the lands and other property against which the taxes shall be levied. The tax lien shall be evidenced by a certificate substantially in the following form:

State of Louisiana

)

) ss.

Parish of ________

)

To the Clerk of Court and Recorder of Mortgages, _____________ Parish, Louisiana.

This is to certify that by virtue and authority of the provisions of R.S. 38:1631, the Board of Commissioners of _____ Drainage District, in which are situated lands and other property in the parish of _____ in the State of Louisiana, have and do hereby certify the tax authorized thereby, which tax and the land and other property against which the same is levied in your parish are described in the following table, in which table are: (1) the names of the owners of the land and other property as they appeared in the report of the board of appraisers, assessing benefits in the district; (2) the descriptions of the land and other property opposite the names of the owners; and (3) the amount of the taxes levied on each tract of land or piece of property; to-wit: (here insert such table).

The tax shall be payable in annual installments; the amount of each installment as well as the amount of the maintenance tax will be determined and certified to the tax collector of your parish not later than the first day of September of each year. The aforesaid tax and the maintenance taxes which may be levied from time to time are hereby declared a tax lien upon all land and other property herein and heretofore described.

Witness the signature of the president of the board of commissioners attested by the seal of said district and the signature of the secretary of said board, this _____ day of _________ A.D. 19___

___________________________

President.

Seal

Attest

_______________________

Secretary.

The certificate and tables shall be prepared in a well bound book and filed in the office of the clerk of court and recorder of mortgages of each of the parishes having lands in the district as it may affect the land or other property in his parish, where it shall become a permanent record of the office. The book or books shall be prepared by the secretary of the board of commissioners at the expense of the drainage district, and shall be designated as the "Drainage Tax Record". Each clerk of court and recorder shall receive a fee of one dollar for filing and preserving the book. The "Drainage Tax Record" shall also be recorded by the clerk of court and recorder in the "Drainage District Record Book" of his office.
La. Rev. Stat. § 38:3305 — LA Code / Code revised-statutes / Title 38 / Section 3305
Department of Transportation and Development, Coastal Protection and Restoration Authority, and the Pontchartrain Levee District to advise board
Status: in_force

The Department of Transportation and Development, the Coastal Protection and Restoration Authority, and the Pontchartrain Levee District shall, upon request, advise the board as to the progress and status of adequate drainage, flood control, and water resources development which shall include but is not limited to construction of reservoirs, diversion canals, gravity and pumped drainage systems, and other flood control wear of the district. The Department of Transportation and Development, the Coastal Protection and Restoration Authority, and the Pontchartrain Levee District shall furnish estimates and specifications and perform all engineering work required of them by the board. The board may request technical assistance on issues other than those already required under this Section from the Department of Transportation and Development. The board may request technical assistance from the Coastal Protection and Restoration Authority regardless of whether the area affected is inside the coastal area as defined in R.S. 49:214.2. The board may request technical assistance from the Pontchartrain Levee District regardless of whether the area affected is within the boundaries of the Pontchartrain Levee District as defined in R.S. 38:291(L)(1). The Coastal Protection and Restoration Authority and the Pontchartrain Levee District retain the right to be reimbursed for the reasonable cost of its assistance.

Acts 1991, No. 325, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.
La. Rev. Stat. § 38:1752 — LA Code / Code revised-statutes / Title 38 / Section 1752
Territory included; change of boundaries
Status: in_force

No gravity drainage district shall be created comprising the whole territory of a parish, nor shall it contain, within its limits, less than five landowners. The police jury, with the concurrence of the drainage commission may at any time prior to the incurring of debt, issuing of bonds, or levying tax, change the boundaries of the drainage district, so as to enlarge or diminish the limits, or to repeal entirely the ordinance creating the drainage district.
La. Rev. Stat. § 38:2311 — LA Code / Code revised-statutes / Title 38 / Section 2311
Boards; creation, organization, powers, duties
Status: in_force

A.(1) There are hereby created the following professional services selection boards:

(a) The Louisiana Architects Selection Board. The board shall be composed of eight members. Five shall be regular members, one elected from each of five districts set forth in Items (i) through (v) of this Subparagraph. Each member shall be elected in an election conducted by the Louisiana State Board of Architectural Examiners, under such rules and regulations to be promulgated by the Louisiana State Board of Architectural Examiners, in which election all properly licensed architects residing in Louisiana are eligible to vote for the same number of candidates as there are positions to be filled. The five elected architects shall be residents in the state of Louisiana and of the district from which they seek election, and no two architects shall be elected from the same architectural firm, agency, or partnership. In addition to the five regular members, whenever a particular project is under consideration, the head of the particular user agency or his representative shall participate as a sixth member; the participation of such member shall be restricted to matters directly affecting the project of his agency and he shall be entitled to vote on all matters affecting the project of his agency. In addition to the elected members and user agency representative, the assistant director of facility planning and control shall participate as the seventh member of the board. The districts shall be composed as follows:

(i) District 1: Orleans, Plaquemines, and St. Bernard.

(ii) District 2: Assumption, Jefferson, Lafourche, St. Charles, St. James, St. John the Baptist, St. Tammany, Terrebonne, and Washington.

(iii) District 3: Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, St. Helena, St. Martin, Tangipahoa, West Baton Rouge, and West Feliciana.

(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron, Evangeline, Grant, Iberia, Jefferson Davis, Lafayette, Natchitoches, Pointe Coupee, Rapides, Sabine, St. Landry, St. Mary, Vermilion, and Vernon.

(v) District 5: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne, Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison, Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll, and Winn.

(b) The Louisiana Engineers Selection Board. It shall be composed of six members. Two members shall be named in an election conducted by the Consulting Engineers Council of Louisiana, Inc., at which all properly licensed engineers, who are principals of firms with offices in Louisiana, may vote for the same number of candidates as there are positions to be filled, two members shall be named in an election conducted by the Louisiana Engineering Society at which all properly licensed engineers residing in the state of Louisiana may vote for the same number of candidates as there are positions to be filled. In addition to the four regular members, whenever a particular project is under consideration, the head of the particular user agency or his representative shall participate as a fifth member; the participation of such member shall be restricted to matters directly affecting the project of his agency and he shall be entitled to vote on all matters affecting the project of his agency. All members shall reside in the state of Louisiana and no two engineers shall be appointed or elected from the same engineering firm, agency, or partnership.

(c) The Louisiana Landscape Architects Selection Board. It shall be composed of six members. Four members shall be named in an election conducted under the auspices of the Louisiana Society of Landscape Architects at which all properly licensed landscape architects residing in Louisiana may vote. In addition to the four regular members, whenever a particular project is under consideration, the head of the particular user agency or his representative shall participate as a fifth member; the participation of such member shall be restricted to matters directly affecting the project of his agency and he shall be entitled to vote on all matters affecting the project of his agency.

(2) The director of Facility Planning and Control, or his designee, shall be the eighth member of the board established by Subparagraph (a) of Paragraph (1) and the sixth member of the boards established in Subparagraphs (b) and (c) of Paragraph (1) and shall have the same voting rights and powers as the other members of the respective boards. All elected members of the boards shall be elected for a term of one year.

(3) No person involved in the sale or promotion of materials, equipment, or supplies related to construction, landscaping, or horticulture activities, shall be eligible to serve on any of the aforementioned selection boards.

B. Members of the boards may be removed for just and reasonable cause during their terms at the discretion of the respective appointing authority, in which event the appointing authority shall appoint a new member to fill the unexpired term of the removed member. All other vacancies shall be filled by the appointing authority for the unexpired term. No person may serve more than two consecutive one-year terms, or any part thereof. After a member's term has expired, that member shall not be eligible to serve on the board for a period of at least two years.

C. No member or firm of which a member is an associate, employee, stockholder, or partner shall be eligible to receive agency contracts during the term of his service on such board and for a period of six months thereafter. No member shall perform services as a consultant to any firm which has received a state agency contract from the board on which that member serves during the year of the board member's service and for one year thereafter.

D. A majority of the members on each of the boards shall constitute a quorum, and a majority vote shall be required in all votes for the selection of persons for professional services. The director of facility planning and control of the division of administration shall not hold the position of, or act as, a chairman of the boards.

E. The board shall have the power and authority, after public notice and a hearing thereon, to adopt and amend such rules and regulations as may be necessary for the performance of their duties as enumerated in this Part. Copies of the rules and regulations shall be furnished to any person by the boards upon written request, for which a nominal fee to defray printing costs may be charged.

F. The domicile of each of the boards shall be Baton Rouge, Louisiana.

G. The Division of Administration shall provide each of the boards with the facilities, office space, staff, and funding necessary to the performance of its duties.

H. Board members shall serve without compensation, except that they shall be reimbursed according to the state schedule for per mile travel reimbursement to and from meetings of the board.

I. Each board shall establish, and make its selection based upon, a formal, written qualifications-based selection procedure.

Added by Acts 1975, No. 721, §1. Amended by Acts 1976, No. 525, §1; Acts 1979, No. 164, §1; Acts 1982, No. 696, §1, eff. Aug. 2, 1982; Acts 1988, No. 966, §1, eff. July 27, 1988; Acts 1999, No. 921, §1, eff. July 7, 1999.
La. Rev. Stat. § 38:2212.9 — LA Code / Code revised-statutes / Title 38 / Section 2212.9
Right to prohibit awards or procurement with individuals convicted of certain felony crimes
Status: in_force

A. In awarding contracts, any public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of this Title, professional, personal, consulting, and social services procurement under the provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950.

B. Nothing in this Section shall impose a duty, responsibility, or requirement on a public entity to perform criminal background checks on contractors, vendors, or subcontractors. It shall be the responsibility of any person, company, or entity making an allegation of prior convictions on the part of any individual with an ownership interest of five percent or more in any bidder to present prima facie evidence to the public entity supporting their claim.

C. If evidence is submitted substantiating that any individual with an ownership interest of five percent or more in the lowest bidder has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws listed in Subsection A of this Section and the public entity rejects the lowest bid, the company whose bid is rejected shall be responsible to the public entity for the costs of rebidding, the increased costs of awarding to the second low bidder, or forfeiture of the bid bond, whichever is higher.

Acts 2010, No. 864, §1; Acts 2014, No. 864, §§4 and 5.
La. Rev. Stat. § 38:456 — LA Code / Code revised-statutes / Title 38 / Section 456
Extension and collection of taxes when board fails to levy
Status: in_force

In the event of the failure of the board of commissioners of the levee district or levee and drainage district to levy the taxes and local contributions, as provided in R.S. 38:455 or, if for any other cause the taxes and local contributions are not so levied, the state auditor or whatever officer may at the time be charged with the functions of the state auditor shall order the proper officers to extend the taxes upon the assessment rolls of the parish or parishes in which any part of the district is located and to order the proper officer of the parish, parishes, and parts of parishes to collect the taxes and local contributions to an amount sufficient to meet the purposes provided for by R.S. 38:455, and the officers shall assess and collect the taxes and local contributions as so ordered. The taxes and local contributions are now, once and for all, hereby levied and ordered to be collected to an amount sufficient to provide, as aforesaid, for the payment of the interest and principal of the bonds. The present levy of the taxes and local contributions shall be operative only in case the taxes and local contributions are not otherwise levied, either because of failure on the part of the board of commissioners to perform the duty imposed upon it by R.S. 38:455, or for any other cause, but nothing in this Subpart shall be construed to require the board of commissioners of the district to set aside funds or levy taxes for the payment of the principal of and interest on bonds authorized to be issued under the provisions of this Subpart, except insofar as it is necessary to provide for the payment of the principal and interest actually maturing and becoming due each year.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.221 — LA Code / Code revised-statutes / Title 38 / Section 3087.221
Creation
Status: in_force

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

Acts 2003, No. 328, §1.
La. Rev. Stat. § 38:1612 — LA Code / Code revised-statutes / Title 38 / Section 1612
Record of proceedings of board
Status: in_force

The board of commissioners of drainage districts shall cause to be kept a well bound book, entitled "Record of Board of Commissioners of (Here insert name of drainage 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 inspection at all times by any person interested.
La. Rev. Stat. § 38:3087.95 — LA Code / Code revised-statutes / Title 38 / Section 3087.95
Oaths
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. 1045, §1.
La. Rev. Stat. § 38:2319.1 — LA Code / Code revised-statutes / Title 38 / Section 2319.1
Legislative findings and intent
Status: in_force

The intent of the legislature in enacting this Part is to provide a cost effective means of acquiring essential equipment for the operation of local governmental entities. Commercial leases or renting agreements as well as lump sum purchases of equipment have created a burden on the finances of the various local governmental entities in the state, and it has been determined that, pursuant to this Part, essential equipment may be obtained using an equipment-lease-purchase contract in conjunction with tax-exempt financing and earnings on investments by nonprofit lessors resulting in lower net equipment costs to local government.

Acts 1985, No. 758, §1, eff. July 17, 1985.

{{NOTE: SEE ACTS 1985, NO. 758, §§5 AND 6.}}
La. Rev. Stat. § 38:363 — LA Code / Code revised-statutes / Title 38 / Section 363
Time limit for demanding jury trial; waiver of demand for jury trial; limitations
Status: in_force

A. A defendant may demand a jury trial in his answer or by motion filed within the delays provided for the filing of his answer.

B. The levee district or levee and drainage district may demand jury trial by motion filed no later than fifteen days after an answer filed by a defendant.

C. For purposes of this Section, answers filed by attorneys appointed to represent absent or unknown defendants shall not cause these delays to begin to run unless that answer indicates that the appointed attorney has been retained or employed by the owner to assert and prosecute a claim in his behalf.

D. Once any party has timely demanded a jury trial, that demand is effective against and binding upon all parties to the suit and cannot thereafter be waived without the consent of all parties. With the consent of all parties, a demand for a jury trial may be waived at any time prior to the swearing of the jury.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:311 — LA Code / Code revised-statutes / Title 38 / Section 311
Expenses of delegates; contribution to interstate and national association
Status: in_force

The boards of commissioners of the levee districts and levee and drainage districts may make appropriations to cover the expenses of delegates to the meetings of the Mississippi River Commission and other interstate and national bodies and contribute funds to the support and maintenance of any interstate and national associations which in the judgment of the levee boards and levee and drainage boards may seem most expedient for advancing the levee interests. No board of commissioners shall appropriate during any one year for this purpose an amount larger than five thousand dollars.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:5.1 — LA Code / Code revised-statutes / Title 38 / Section 5.1
Planning assistance to municipal and other planning agencies; federal grants
Status: in_force

A. For the purpose of providing planning assistance to municipal, parish, regional and other planning agencies of the state of Louisiana in the solution of their planning problems, the Department of Public Works, State of Louisiana, be and is authorized to apply for and accept grants of money from the government of the United States or any federal agencies in connection with such assistance and, to this end, the said department may contract with the United States or such federal agencies for the acceptance of such grants including any requirement for matching said grants in whole or in part.

B. For the purpose of providing planning assistance to municipal, parish, regional, and other agencies of the state of Louisiana, within the statutory mission as provided in R.S. 38:2351 et seq., the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority is hereby authorized to apply for and accept grants of money from the government of the United States or any federal agencies in connection with such assistance and, to this end, the authority may contract with the United States or such federal agencies for the acceptance of such grants including any requirement for matching said grants in whole or in part.

Added by Acts 1955, No. 101, §1; Acts 2025, No. 418, §1.
La. Rev. Stat. § 38:1790 — LA Code / Code revised-statutes / Title 38 / Section 1790
Collection of taxes; accounting and settlement
Status: in_force

All articles and provisions of the constitution regulating and relating to the collection of taxes and the creation of tax liens and mortgages, tax penalties and of sales, shall also apply to and regulate the collection of the special tax which may be imposed under the provisions of this Part, including an acreage tax or forced contribution, to be collected through the sheriff and ex-officio tax collector of the parish at the same time and in the same manner as he collects the state and parish taxes and to be by him turned over to the treasurer of the district. The tax collector or tax collectors shall make monthly settlements with the treasurer of the district and receive from him a receipt for the amount of taxes paid to him, and when all taxes shall have been collected for the current year, the tax collector shall make a final settlement with the drainage commission in the same manner as tax collectors are required to settle with the State Auditor. When final settlement is made, and all the taxes assessed in the district are collected and paid in or accounted for by delinquent or deduction lists as is contemplated and accepted by the state auditor in the collection of state taxes, then the drainage commission shall give the tax collector or ex-officio tax collector a quietus in full for the taxes for that year.
La. Rev. Stat. § 38:443 — LA Code / Code revised-statutes / Title 38 / Section 443
Existing rights to issue bonds not limited
Status: in_force

Nothing contained in this Subpart shall be construed as depriving the levee districts and levee and drainage districts of the right or power to issue their bonds in the manner and form already authorized if the boards of commissioners of the district so prefer.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:1583 — LA Code / Code revised-statutes / Title 38 / Section 1583
Specifications; advertising for bids
Status: in_force

A. The governing authority of such district, after having given notice of its intention as above set forth and after disposing of all objections and having decided to order the construction of such improvements, may, without further delay, have the necessary plans and specifications for said work prepared and may authorize the advertisement for bids therefor, as provided by law. Said notice shall contain a general description of work contemplated, shall refer to plans and specifications which shall be placed on file with the clerk, secretary, or purchasing agent of the governing authority, shall designate the hour, date, and place for the reception and opening of bids, and may provide either that the contractor be required to accept certificates of indebtedness hereafter authorized if the governing authority elects to make such requirement or that they may be sold in such a manner and at such time as the governing authority may elect.

B.(1) Drainage improvements authorized under the provisions of this Part may be combined, constructed, and installed as a part of road or street paving improvements undertaken jointly by the district with a municipality in which the district is located or with the Department of Transportation and Development. Advertisement for bids on such projects shall be in accordance with the requirements of law applicable to road or street paving improvements ordered by any such municipality, the parish, or the Department of Transportation and Development, and it shall not be necessary that the project be advertised as otherwise provided in this Section.

(2) When drainage improvements authorized under the provisions of this Part are included in and constructed as an integral part of a road or street paving project being undertaken by a municipality in which the district is located or by the parish or the Department of Transportation and Development, the lowest responsible bid received for the entire project shall govern, and assessments to be levied as hereinafter provided shall be based upon the total of the unit prices contained in the bid proposal and applicable to the drainage work included in the joint project.

Added by Acts 1983, No. 708, §1; Acts 2006, No. 11, §4.
La. Rev. Stat. § 38:3087.135 — LA Code / Code revised-statutes / Title 38 / Section 3087.135
Meetings; election of officers
Status: in_force

A. On or before November 15, 1999, the board shall meet at the call of the governor. At its organizational meeting, the board shall:

(1) Elect a chairman, vice chairman, secretary, and treasurer.

(2) Establish its domicile within the district.

(3) Begin consideration of the study required by R.S. 38:3087.136.

B. The board shall meet at least once per quarter and the location of the meetings shall rotate between the parishes of Bienville, Claiborne, Jackson, Lincoln, Ouachita, Union, Webster, and Winn. Once a meeting has been held in a parish, no other board meeting shall be held in that parish until a meeting has been held in each of the other parishes. However, the board may hold a meeting in any of the aforementioned parishes to address concerns particular to that parish.

Acts 1999, No. 1228, §1; Acts 2006, No. 367, §1.
La. Rev. Stat. § 38:1595.1 — LA Code / Code revised-statutes / Title 38 / Section 1595.1
Jefferson Parish; drainage service fees; bonds
Status: in_force

A. The governing authority of the parish of Jefferson and of any drainage district, subdrainage district, and municipality located in the parish of Jefferson, each hereinafter referred to as an "entity", may determine, establish, impose, and collect drainage service fees from the users of the drainage systems to pay the costs of developing, acquiring, designing, constructing, improving, extending, operating and maintaining, and replacing public drainage systems, and to pay debt obligations issued for such purposes by an entity. The drainage service fees shall be equal and uniform for each grade or class of user of the drainage system as determined by the governing authority. Prior to taking any decisive action in connection with such drainage service fees, the governing authority of the entity shall hold at least two public meetings to discuss the drainage service fees. Said drainage service fees shall be collected in the manner and at the times determined by the governing authority. The governing authority shall call an election to obtain the approval of the electors prior to the imposition of drainage service fees.

B. Any entity may incur debt and issue bonds payable from an irrevocable pledge and dedication of the drainage service fees collected within said entity for the purpose of developing, acquiring, constructing, improving, extending, and replacing public drainage systems. Such bonds shall be issued in the name of the entity and shall be limited obligations secured by a pledge of the drainage service fees of the entity. Said bonds shall be issued in the manner provided in R.S. 39:1011 et seq., R.S. 39:1421 et seq., and R.S. 39:1431 et seq. For the purpose of the application of R.S. 39:1421 et seq. and R.S. 39:1431 et seq., any bonds issued shall be considered to be revenue bonds.

C. This Section shall be liberally construed to the end that the authority herein granted shall enable the implementation of drainage programs for the benefit and preservation of the lives, health, and property of the citizens of Jefferson Parish.

Acts 1990, No. 24, §1, eff. June 19, 1990.
La. Rev. Stat. § 38:3087.87 — LA Code / Code revised-statutes / Title 38 / Section 3087.87
Recreational facilities
Status: in_force

The board of commissioners shall also provide for the construction of public access boat ramps in the district to allow for and maintain public access to Caddo Lake for recreational purposes.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:3087.269 — LA Code / Code revised-statutes / Title 38 / Section 3087.269
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 on 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.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:2120 — LA Code / Code revised-statutes / Title 38 / Section 2120
Landowners may petition for bond election
Status: in_force

Whenever landowners, owning not less than twenty-five per cent of the total acreage of the land in an irrigation district outside of the corporate limits of incorporated towns and cities, shall petition the governing authority of the district to call an election to submit to the property taxpayers therein qualified to vote, a proposition to authorize the incurring of debt and issuing of bonds for the purpose of acquiring, constructing, leasing, maintaining, and operating canals, locks, dams, reservoirs, storage basins, dikes, ditches, levees, flumes, machinery, and other works, or for the purchasing of works already constructed, in the district, the governing authority of the district shall call a special election for the purpose of obtaining the will of the property taxpayers qualified to vote in the district, in regard to the proposition to incur debt and issue bonds, as petitioned for as aforesaid.
La. Rev. Stat. § 38:24 — LA Code / Code revised-statutes / Title 38 / Section 24
Rules and regulations; inspection of dams
Status: in_force

A.(1) The chief engineer shall adopt and may from time to time amend rules and regulations in order to establish standards for the construction, modification, operation, and maintenance of such dams and to administer and enforce these provisions. In order to secure conformity with the adopted rules and regulations and to assure compliance with any consent or permit granted pursuant to the provisions of this Chapter, the chief engineer or his authorized representative, is authorized and it shall be his duty to inspect all such dams. The number of inspections is to be based on the category of dams, as defined in the rules and regulations, but periodical changes may be necessitated according to future development of a categorized dam in the rules and regulations. The chief engineer or his authorized representative shall have the right of access to private property in order to make inspections of such dams.

(2) The provisions of this Subsection shall apply to both existing dams and new construction, except that dams under construction or completed prior to August 15, 1995, shall not be required to meet the new dam construction requirements unless the owner elects to make major modifications or repairs or the chief engineer determines that the impoundment structure has developed major deficiencies, requiring rehabilitation or reconstruction. The provisions of this Paragraph shall become effective upon promulgation and formal adoption of rules and regulations under the provisions of the Administrative Procedure Act to implement the provisions of this Subsection.

B. Notwithstanding any other provisions of law or any rules and regulations to the contrary, the legally constituted boards of commissioners of Black Lake, Clear Lake, and Saline Lake in Natchitoches Parish may recommend directly to the Department of Transportation and Development that the dams situated on said lakes should be opened for flood-control purposes only. The chief engineer, or his authorized representative, shall have the final authority for determining the necessity of opening the dams, and no other department of state government shall be involved in these flood-control activities.

Acts 1991, No. 532, §1; Acts 1995, No. 1049, §1.
La. Rev. Stat. § 38:1853 — LA Code / Code revised-statutes / Title 38 / Section 1853
Challenges
Status: in_force

If the vote of any taxpayer be challenged, the commissioners of election shall permit him to vote and shall receive in writing the grounds of challenge, signed by the challenger, together with the challenged taxpayer's statement of his asserted right to vote, and shall attach the challenge and statement to his ballot.
La. Rev. Stat. § 38:2188 — LA Code / Code revised-statutes / Title 38 / Section 2188
Mandamus to compel performance of contract
Status: in_force

A. In the event that any person shall contract with any public entity with reference to the paving, grading, repairing, reconstructing, or care of any street, highway, bridge, culvert, levee, canal, ditch, or crossing, and shall fail or neglect to perform the contract, the public entity, any officer, or any five taxpayers thereof, may proceed by a writ of mandamus to compel the performance of the contract, or any part of the contract. The writ of mandamus shall be made returnable in five days, shall be tried by preference over all other cases, without a jury, in vacation as well as in term time, and in case of appeal shall be tried by preference in the appellate court.

B. In case any person shall fail or neglect to comply satisfactorily with any judgment against it in such a proceeding within the time fixed by the court which shall be a period within which the work can be reasonably done, the court, on contradictory motion and proof taken in the same case, shall issue a writ of distringas against the person, order the sheriff to do the work required to be done, and to apply the revenues and property of the person to defray the expenses incurred in executing the judgment of the court.

Acts 1991, No. 1044, §1.
La. Rev. Stat. § 38:1847 — LA Code / Code revised-statutes / Title 38 / Section 1847
Vote of taxpayers required for assumption of indebtedness
Status: in_force

No debt or outstanding bonded indebtedness of any drainage district included in a consolidated gravity drainage district shall be assumed by the consolidated gravity drainage district until the assumption has been authorized by a vote of the resident property taxpayers of the consolidated gravity drainage district, qualified to vote under the Constitution and laws of this state, who vote at an election hereunder. The board of commissioners of a consolidated gravity drainage district may call a special election and submit to the qualified voters the question of assuming the outstanding bonded debt and other indebtedness of any one or more gravity drainage districts wholly within the consolidated gravity drainage district. In the submission of the proposition to the qualified voters the total bonded debt and indebtedness of all the drainage districts whose debts are to be assumed may be submitted as one proposition, or the proposition may be submitted to include one or more drainage districts bonded and other indebtedness, all or any part thereof, proposed to be assumed.
La. Rev. Stat. § 38:1647 — LA Code / Code revised-statutes / Title 38 / Section 1647
Compensation and expenses of officers and employees; removal of employees
Status: in_force

The board of commissioners, except where otherwise provided in this Part, shall by resolution, at the time of hiring or appointing, provide for the compensation for work to be done and expenses incurred by any officer, engineer, attorney, or other employee and they shall also pay the fees, per diem, and necessary expenses of all court and parish officers who may by virtue of this Part render service to the district.

The board of commissioners may at any time, for cause, remove any officer, attorney or other employee appointed or employed by the board.
La. Rev. Stat. § 38:1857 — LA Code / Code revised-statutes / Title 38 / Section 1857
Method of voting
Status: in_force

Each voter's name shall be written on his ballot. The commissioners of election shall receive the ballot of each voter, check his name on the list of voters furnished by the registrar as having voted, enter and number his name on the list of taxpayers voting, and immediately deposit his ballot in the ballot box, reserving to each voter the right to so fold his ballot that it shall not be known at the time of voting whether he voted for or against the proposition or propositions submitted.
La. Rev. Stat. § 38:3087.263 — LA Code / Code revised-statutes / Title 38 / Section 3087.263
Corporate status
Status: in_force

The district shall constitute a body corporate in law and shall be a political subdivision of the state. The district shall have perpetual existence and may incur debt and contract obligations, sue and be sued, have a corporate seal, and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for effectuating the purposes and objects for which it is created.

Acts 2003, No. 1228, §1.
La. Rev. Stat. § 38:10 — LA Code / Code revised-statutes / Title 38 / Section 10
Management and exercise of functions of department
Status: in_force

Subject to the executive direction and control which is vested in the governor as chief magistrate of the state by the constitution and this Chapter, the director shall have the management of the department and, subject to the provisions of this Chapter, shall exercise all the functions of the department himself or through the department organization provided, in carrying out the provisions of law with respect to its functions, except those functions which are specifically assigned to the board of the department under the provisions of this Chapter. Any act performed by any employee of the department under the authority of the director shall be deemed an act of the department and of the director. The director shall designate the head of some division or other employee of the department to act as head of the department in his own absence or disability or in case of a vacancy until the absence or disability is terminated or the vacancy is filled. In default of designation by the director the governor may make the designation.
La. Rev. Stat. § 38:1545 — LA Code / Code revised-statutes / Title 38 / Section 1545
Resolution by board of commissioners; form and terms of bonds; sale or exchange
Status: in_force

Funding or refunding bonds shall be issued by the board of drainage commissioners of the drainage district or sub-drainage district, by resolution to that effect, adopted upon the petition of not less than a majority in acreage of the property taxpayers, resident and non-resident, in the drainage district or sub-drainage district. The funding or refunding bonds shall be in any denomination or denominations of one hundred dollars, or multiples thereof and shall bear interest at a rate not exceeding five per cent per annum, payable annually or semi-annually. They shall run for a period not to exceed forty years, and shall mature and be payable annually, beginning not more than five years after their date of issue, as may be determined by the board of drainage commissioners. Bonds due each year, after they begin to mature, shall be for such amount that when the annual interest is added thereto the total amount to be paid each year, including principal and interest, shall be as nearly equal as practicable. The funding or refunding bonds shall be sold or exchanged at not less than ninety per cent of par. The amount due in any year in principal and interest of the bonds, which together with the cost of maintaining the drainage of the district or sub-district shall not be greater than the amount which will be realized from a forced contribution or acreage tax not to exceed three dollars fifty cents per acre per annum levied or to be levied for the year upon all of the lands of the district or sub-district. A certified copy of the resolution of the board of drainage commissioners authorizing the issuance of the funding or refunding bonds shall be published in two successive issues, within a period of ten days, of the official journal of the parish in which the drainage district or sub-drainage district is situated. Publication shall constitute due notice of the action to all persons interested.
La. Rev. Stat. § 38:2801 — LA Code / Code revised-statutes / Title 38 / Section 2801
Creation; location
Status: in_force

The Franklin Parish Watershed District is hereby created out of the watershed of all streams located within Franklin Parish and portions of Catahoula and Richland Parishes, more particularly defined as all of the east and west Franklin Parish Watershed Districts, respectively, described as follows, to-wit:

That area commencing at a point on the Richland Parish-Franklin Parish line approximately 1700 feet west of the SE corner of Section 36, T17N, R9E, thence northerly along the meander ridge line through Sections 36, 25, 24 and 13, T17N, R9E to a point in the west half of Section 13, T17N, R9E, approximately 2700 feet south and 1000 feet east of the NE Corner of Section 13, T17N, R9E, thence paralleling highway U.S. 80 for approximately 22,500 feet to State Highway 609; thence southwesterly along the meander ridge line through Sections 18, 19, 30 and 31, T17N, R9E, to the SW corner of Section 31, T17N, R9E; thence westerly along the Richland Parish-Franklin Parish line an approximate distance of 12,000 feet to a point in Big Creek; thence generally southwesterly along Big Creek, which is the Richland Parish-Franklin Parish line, to the intersection of Big Creek and Boeuf River; thence southerly along Boeuf River, which is the Caldwell Parish-Franklin Parish line, to the SE corner of Section 31, T12N, R6E; thence southeasterly along Boeuf River, which is the Catahoula Parish-Franklin Parish line, to the point where the Franklin Parish-Catahoula Parish line intersects Boeuf River in Section 5, T10N, R7E; thence in a generally north-northeasterly direction along the meander ridge line through Section 5, T10N, R7E, Sections 32, 33, 28, 21, 22, 15, 10, 3 and 2, T11N, R7E, Sections 35 and 26, T12N, R7E; thence easterly along parish road on line between Sections 23, 24 and 26, 25, T12N, R7E, an approximate distance of 4,800 feet; thence in a generally northeasterly direction along the meander ridge line through Sections 24, and 13, T12N, R7E, Sections 18, 7, 6 and 5, T12N, R8E, Sections 32, 33, 28, 21, 16, 10 and 3, T13N, R8E, Sections 34, 27, 22, 21, 16, 9 and 4, T14N, R8E, Sections 33, 27, 22, 15, 14, 11, 12 and 1, T15N, R8E, Section 6, T15N, R9E, Sections 31, 32, 29, 28, 21, 16, 10 and 3, T16N, R9E, to a point on the Richland Parish-Franklin Parish line approximately 1400 feet west of the NE corner of Section 3, T16N, R9E; thence easterly along the Richland Parish-Franklin Parish line approximately 10,000 feet to the point of origin, being the Franklin Parish West Watershed District, and also

That area commencing at the point on the Richland Parish-Franklin Parish boundary where Bayou Macon crosses; thence in a generally southerly direction along Bayou Macon to a point where the Madison Parish-Franklin Parish line intersects Bayou Macon; thence in an easterly direction along the Madison Parish-Franklin Parish line to the intersection of the Madison Parish-Franklin Parish-Tensas Parish lines; thence southerly along the Franklin Parish-Tensas Parish line to the intersection of the Franklin Parish-Tensas Parish-Catahoula Parish lines; thence westerly along Fool River to a point where the Franklin Parish-Catahoula Parish line intersects Fool River; thence northerly along the Franklin Parish-Catahoula Parish line to the point where said parish line turns west; thence westerly along the Franklin Parish-Catahoula Parish line an approximate distance of 6,000 feet; thence along an irregular line in a generally southwesterly direction across Sections 2, 11, 10, 15, 16, 21, 20, 29, 30, 40, 43 and 31 in T11N, R8E, Sections 6, 7, and 50 in T10N, R8E and Sections 41, 11, 10, 3, 10, 9, 8 and 5 in T10N, R7E, to the point where the Franklin Parish-Catahoula Parish line intersects the Boeuf River in Section 5, T10N, R7E; thence in a generally north-northeasterly direction along the meander ridge line through Section 5, T10N, R7E, Secs. 32, 33, 28, 21, 22, 15, 10, 3 and 2, T11N, R7E, Sections 35 and 26, T12N, R7E; thence easterly along parish road on line between Sections 23, 24, 25 and 26, T12N, R7E, an approximate distance of 4,800 feet; thence in a generally northeasterly direction along the meander ridge line through Sections 24 and 13, T12N, R7E, Sections 18, 7, 6 and 5, T12N, R8E, Sections 32, 33, 28, 21, 16, 10 and 3, T13N, R8E, Sections 34, 27, 22, 21, 16, 9 and 4, T14N, R8E, Sections 33, 27, 22, 15, 14, 11, 12 and 1, T15N, R8E, Section 6, T15N, R9E, Sections 31, 32, 29, 28, 21, 16, 10 and 3, T16N, R9E, to a point on the Richland Parish-Franklin Parish line approximately 1,400 feet west of the NE corner of Section 3, T16N, R9E; thence easterly along the Richland Parish-Franklin Parish line to its intersection with Bayou Macon, and point of origin, being the Franklin Parish East Watershed District.

Added by Acts 1966, No. 101, §1.
La. Rev. Stat. § 38:2238.1 — LA Code / Code revised-statutes / Title 38 / Section 2238.1
Definitions
Status: in_force

For the purposes of this Part, the following words and phrases shall be defined as follows:

(1)(a) "Fire and emergency response vehicles" shall mean and shall be strictly limited to the following:

(i) Fire trucks, pumper units, hook and ladder trucks, and any other motorized vehicles or wheeled units used by a fire department in transporting firefighters or equipment to fires and emergency calls and supporting extinguishing operations such as water, pumps, ladders, special service apparatus, hoses, foam, air, lights, rescue equipment, and utility equipment.

(ii) Ambulances, crash or rescue trucks, or any other specialty vehicles used to support the activities of police, fire, and emergency medical personnel in responding to emergencies.

(iii) Associated equipment shall be any equipment included on the vehicle which is not a component part of the vehicle, but is used in firefighting operations, emergency medical activities, and rescue operations. Associated equipment shall include but not be limited to hoses, nozzles, helmets, axes, air packs, protective clothing, emergency medical supplies, medical devices, chain saws, or fibrillators.

(b) "Fire and emergency response vehicles" shall expressly not include sedans, pickup trucks, mobile crime labs, tow trucks, or buses used by law enforcement, medical personnel, emergency response, or fire fighting personnel, or any other vehicle not explicitly described in Subparagraph (a) of this Paragraph.

(2) "Procurement" or "procure" means the acquisition by purchasing, buying, or otherwise obtaining fire or emergency response vehicles, as well as all processes or procedures engaged in with the objective of purchasing, buying, or otherwise obtaining such vehicles by a political subdivision.

(3) "Used motor vehicle" shall mean a motor vehicle the legal title of which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.

(4) "Vehicle" shall mean a motorized car, truck, or van which is required to be registered and which is used, or designed to be used, for the transporting of passengers or goods for public, private, commercial, or for-hire purposes. For the purposes of this Part, "vehicle" may also include a non-motorized wheeled unit.

Acts 1999, No. 296, §1, eff. June 11, 1999.
La. Rev. Stat. § 38:1781 — LA Code / Code revised-statutes / Title 38 / Section 1781
Canvass of returns; promulgation of result
Status: in_force

On the day and at the hour and place named in the notice of election, the authorities ordering the election shall, in public session, open the ballot boxes, examine and count the ballots in number and amount, examine and canvass the returns and declare the result of the election. The result shall be promulgated by proclamation in one issue of a newspaper issued in the parish, or if there be none, in a newspaper published in an adjoining parish.
La. Rev. Stat. § 38:1858 — LA Code / Code revised-statutes / Title 38 / Section 1858
Voting hours
Status: in_force

The polls shall open, on the day appointed, at seven o'clock A.M. and shall remain open until and not later than six o'clock P.M. No election shall be vitiated by a failure to open the polls at the time prescribed, or by closing before the time prescribed, unless, on a contest, it be established that voters were thereby deprived of votes sufficient in number and amount to have changed the result of the election.
La. Rev. Stat. § 38:3087.54 — LA Code / Code revised-statutes / Title 38 / Section 3087.54
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, §2, eff. June 17, 1995.
La. Rev. Stat. § 38:3087.71 — LA Code / Code revised-statutes / Title 38 / Section 3087.71
Creation; location
Status: in_force

There is hereby created a recreation and water conservation district to be known as the "Caddo Lake Watershed District" to be comprised of all of Ward 1 of Caddo Parish.

Acts 1995, No. 345, §1.
La. Rev. Stat. § 38:3087.104 — LA Code / Code revised-statutes / Title 38 / Section 3087.104
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 purpose 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 1995, No. 1045, §1.
La. Rev. Stat. § 38:1575 — LA Code / Code revised-statutes / Title 38 / Section 1575
No dissolution without consent of bondholders or retirement of bonds
Status: in_force

If the drainage district or subdrainage district has bonds issued and outstanding, the resolution dissolving the drainage district or subdrainage district shall not become effective until the holders of all outstanding bonds have filed with the governing authority thereof their written consent to the dissolution or until the outstanding bonded indebtedness has been retired.
La. Rev. Stat. § 38:2806 — LA Code / Code revised-statutes / Title 38 / Section 2806
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 Franklin Parish.

Added by Acts 1966, No. 101, §6.
La. Rev. Stat. § 38:2866 — LA Code / Code revised-statutes / Title 38 / Section 2866
Board to govern; membership; tenure; vacancies; compensation
Status: in_force

A. The district shall be governed and controlled by the board of commissioners of the Claiborne Parish Watershed District. The board shall be composed of seven commissioners, each of whom shall be a qualified elector of the state of Louisiana and reside within the boundaries of Claiborne Parish. The membership of the board shall be representative of the various geographical areas of the district, and members shall possess additional qualifications as follows:

(1) Be dedicated to district purposes of conserving the district's soil and water, including surface and groundwater, and developing its natural resources and wealth for present and future citizens of Claiborne Parish.

(2) Be very knowledgeable of and have extensive experience in the production of water and system management or in another field of work pertinent to the purposes of the district.

(3) Be dedicated to the team approach of goal setting and problem solving.

(4) Be willing to volunteer time and effort as needed to accomplish district objectives.

B.(1) The commissioners shall be appointed by the Claiborne Parish Police Jury and shall serve terms of four years and until their successors have been appointed and have qualified; except that one of the initial appointments shall be for a term of one year, two shall be for a term of two years, two shall be for a term of three years, and two shall be for a term of four years.

(2) Notwithstanding any other provision of law to the contrary, no person shall serve more than two consecutive terms. However, if a person has been appointed to fill less than one-half of an unexpired term, such person may serve two consecutive terms in addition to such partial term. If a person has been appointed to fill more than one-half of an unexpired term, such person shall be eligible to serve consecutively no more than one full term in addition to such partial term. At the conclusion of such service, a board member who becomes subject to these limitations shall not serve on the board for four years. Upon the expiration of four years, such member shall be eligible to serve again, subject to the same limitations.

C. Any vacancy in the office of commissioner, due to death, resignation, or any other cause, shall be filled by an appointment of the Claiborne Parish Police Jury.

D. The members of the board shall receive no compensation for their services, but may be reimbursed for expenses actually incurred in the performance of official duties.

E. Any member of the board may be removed for cause. Grounds for removal shall include but not be limited to conduct having a material adverse affect upon the work of the district or conviction of a felony. A written recommendation of removal, approved by a majority of the membership of the board, shall be submitted to the police jury of Claiborne Parish. The police jury shall send notice of recommendation of removal to such board member, which notice shall set forth the charges against him. Unless within ten days from receipt of such notice such board member files a written request for a hearing before the police jury, the board member shall be deemed removed from office. If a request for hearing is so filed, the police jury shall hold a hearing not sooner than ten days subsequent to the date a hearing is requested, at which the board members shall determine whether the removal shall be upheld. Removal of such member shall be by majority vote of the membership of the police jury. If removal is not upheld, the board member shall continue to hold his office.

Added by Acts 1966, No. 299, §6; Acts 2004, No. 390, §1.
La. Rev. Stat. § 38:2112 — LA Code / Code revised-statutes / Title 38 / Section 2112
Powers and authority of irrigation districts
Status: in_force

Any irrigation district thus created and named or numbered by any police jury of any parish of the state, shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivision of the State of Louisiana within the intendment and meaning of the laws of Louisiana relating to the incurring of debt and the issuing of bonds therefor. Irrigation districts created under this Part may incur debt and issue negotiable bonds in accordance with the power and authority, and in the form and manner, and with the effect and security now or hereafter provided by the Constitution and laws of the State of Louisiana. The irrigation district may incur debts and contract obligations in accordance with law, sue and be sued, have a corporate seal, and do and perform any and all acts in its corporate capacity and in its corporate name necessary and proper for the carrying out of the purposes and objects for which the irrigation district was created. The irrigation district may also expropriate property.

The irrigation district, through its governing authority, may conserve the fresh water supply of this state for the benefit of the inhabitants and property owners within the district, to provide water for irrigation and other uses, both within and without the district. The governing authority may do and perform all acts necessary to construct, lease, acquire in any manner, maintain, and operate dikes, dams, reservoirs, storage basins, locks, levees, flumes, conduits, and acquire or lease any private canals and other bodies of water which may be within or without the irrigation district and necessary or suitable to the operation of the district.

The irrigation district may construct, lease, maintain, acquire, enlarge, and operate any machinery or other means necessary for the use and purpose of the district. It may own in full ownership all servitudes, rights of way, and other sites acquired by donation, prescription, purchase, expropriation, or otherwise. It may transfer by sale, donation, lease, or otherwise, with or without warranty of title, to the United States of America, or to any federal agency, department, or commission, or to any other body which is now or may hereafter be organized under the laws of the United States of America, any and all property owned or acquired by it as an irrigation district, to the fullest extent allowed by law.

It may contract and enter into agreements with the United States of America, or with any federal agency, department, or commission, and with any other body which is now or may hereafter be organized under the laws of the United States of America. Without limiting the foregoing provisions of this Section, an irrigation district may acquire funds, property, and other benefits from the United States of America, or from any federal agency, department, or commission, or from any other body which is now, or may hereafter be, organized under the laws of the United States of America, for the construction, maintenance, or operation of the district, or any works or machinery necessary or appurtenant thereto, and may enter into any and all further contracts and agreements necessary or suitable to procure the construction by the United States of America, or by any federal agency, department, or commission, or by any other body which is now, or may hereafter be, organized under the laws of the United States of America, of any or all locks, dams, dikes, levees, canals, machinery, and other works, and for any other lawful purpose, and may delegate to the United States of America, or any federal agency, department, or commission, or any other body which is now, or may hereafter be, organized under the laws of the United States of America, to the fullest extent now or hereafter allowed by law, any one or more or all of the powers conferred upon the district under the provisions of this Part, or co-operate with any one or more thereof in the exercise of these powers. The irrigation district may co-ordinate these works with state and federal flood control works and navigation projects. The irrigation district, without limiting any of its other powers under this Part, may contract with individuals, corporations, or associations, whereby the irrigation district may acquire funds, property, or other benefits to be used in maintaining and operating the district.

The irrigation districts for the purpose of constructing, acquiring, extending, or improving an irrigation system, may issue and sell revenue bonds and revenue refunding bonds, all in the form and manner provided for by the Constitution and laws of the state and may furnish and supply water, both within and without their territorial limits, and to that end may enter into contracts under the terms and conditions which may be determined and mutually agreed upon with any person, firm, corporation, or political subdivision of the state.

It may acquire water from any other irrigation system, or from any other source, and distribute the water, and make a uniform rate for, and collect a charge for water which is distributed by the district to the several users thereof. The charge shall be in addition to any tax that may be levied to pay the principal and interest on any bonds that may be issued. No part of the money realized from the bonds voted to construct the irrigation systems or canals or ditches shall be used to pay for the water so purchased.
La. Rev. Stat. § 38:2570 — LA Code / Code revised-statutes / Title 38 / Section 2570
Property exempt from taxation
Status: in_force

The lands which lie within and form the D'Arbonne Lake proper shall not be subject to any ad valorem taxation or any other tax of any nature whatsoever by either the state of Louisiana or any of its political subdivisions, for so long as the said lands shall form and lie within the lake proper. All property acquired, however, regardless of the manner in which it is acquired or the source from which it is acquired, shall thereafter become the property of the state of Louisiana for the use and benefit of the Bayou D'Arbonne Lake Watershed District.

Added by Acts 1956, No. 9, §20.
La. Rev. Stat. § 38:3002 — LA Code / Code revised-statutes / Title 38 / Section 3002
Powers
Status: in_force

The Jackson-Bienville Parishes Dugdemona Watershed District shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivision of the state as provided by the laws of the state relating to the incurring of debt and the issuing of bonds therefor. This district, through its board of commissioners, may incur debt and issue negotiable bonds in accordance with the power and authority and in the form and manner, and with the effect and security now or hereafter provided by the constitution of the State of Louisiana. This district, through its board of commissioners, may incur debt and contract obligations in accordance with law, sue and be sued, have a corporate seal, and perform any and 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 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.

Added by Acts 1970, No. 600, §1.
La. Rev. Stat. § 38:394 — LA Code / Code revised-statutes / Title 38 / Section 394
Devolutive appeal; effect of appeal
Status: in_force

A devolutive appeal shall lie from suits tried pursuant to this Part without any additional deposit by the plaintiff, and no appeal from any suit brought under the provisions of this Part shall operate to prevent or delay the vesting of title in the plaintiff.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:360 — LA Code / Code revised-statutes / Title 38 / Section 360
Defendant's answer; requirements; delay for filing
Status: in_force

A. Where an entire lot, block, or tract of land is expropriated any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:

(1) He files an answer within ninety days from the date he is served with the notice.

(2) His answer sets forth the amount he claims.

(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.

B. Where a portion of a lot, block, or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:

(1) He files an answer within one year from the date he is notified in writing by the levee district or levee and drainage district that it has finally accepted the construction of the levee project for which the property was expropriated; however, he may file his answer prior to the date he is notified by the levee district.

(2) His answer sets forth the amount he claims, including the value of each parcel taken and the amount he claims as damages to the remainder of his property.

(3) His damage claim is reasonably itemized.

(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:2047 — LA Code / Code revised-statutes / Title 38 / Section 2047
Authority to issue bonds
Status: in_force

In addition to the right to levy taxes as herein provided, the district shall have the power to issue bonds for the purpose of constructing, acquiring, extending, and improving drains and drainage facilities of the district pursuant to Article VI, Section 33 of the Constitution of Louisiana; Subpart A of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950; and other constitutional and statutory authority supplemental thereto. Such bonds may be issued in an amount not exceeding ten percent of the assessed valuation of the district at the time the bonds are issued. The bonds and the interest thereon shall be exempt from all taxation in the state of Louisiana.

Added by Acts 1982, No. 69, §1.
La. Rev. Stat. § 38:3087.100 — LA Code / Code revised-statutes / Title 38 / Section 3087.100
Construction which would impede flow of water in lake prohibited; pollution defined and prohibited; penalties fixed for violations
Status: in_force

A.(1) No person or public corporation shall erect within the drainage area of the district any dam or reservoir upon any stream or watercourse which will affect the lake until a copy of the plans thereof has been filed with the board of commissioners and approved.

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

B.(1) No person shall knowingly and willfully empty or drain or permit to be drained from any pump, reservoir, well, or oil field, into any stream or drain constituting the watershed of the lake, or from any stream within said district into said lake any oil, salt water, or other noxious, toxic, hazardous, or poisonous gas, liquid, or substance which would render the water unfit for irrigation purposes or for human consumption through "water districts" or would destroy aquatic and fish life in the lake.

(2) Each and every day that oil, salt water, or any other substance described in Paragraph (1) of this Subsection is permitted to flow into natural streams or drains which constitute the watershed of the lake shall constitute a separate and distinct offense.

(3) Whoever violates this Subsection shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than three months, or both.

C.(1) No person shall:

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

(b) Construct dams, locks, or gates in drainage channels of the watershed of the lake or into the lake itself without permission of the commission.

(c) 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 lake or the lake itself.

(d) Float timber in the watershed of the lake.

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

D.(1) No proprietor, owner, lessee, or possessor of land abutting upon the lake or upon any public road paralleling the water line or contiguous to the lake shall in any manner close or place any obstruction in any drain or ditch, whether on private property or on the public road or levee adjacent to the road, which will in any manner interfere with the effective, thorough, and continuous drainage into the lake.

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

Acts 1995, No. 1045, §1.
La. Rev. Stat. § 38:3087.7 — LA Code / Code revised-statutes / Title 38 / Section 3087.7
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, hold, sell, and convey immovable and movable property and execute such contracts as it may deem necessary or convenient to enable it properly to carry out the purposes for which it is created.

(2) Acquire servitudes and rights of use by purchase, by expropriation, and by assignment for the reservoir or recreational areas 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) Acquire movable property by donation or purchase; employ and hire an executive director, and other such personnel as may be necessary in the operation of the business of the district, and fix their compensation; and further authorized to employ engineers, attorneys, and other professional personnel as the need becomes necessary and fix their compensation.

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

(7) 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.

(8) Select a domicile and home office for the district.

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

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

(11) 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 the said commission.

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

B. The Poverty Point 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.

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 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 per cent of the assessed valuation of the taxable property within the district, to be ascertained by the last assessment roll of record in the parishes of Richland, Madison, West Carroll, and East Carroll.

(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 purposes 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 the parishes in the district on or before May 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 the respective 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 1992, No. 888, §2, eff. July 8, 1992; Acts 1993, No. 830, §2.
La. Rev. Stat. § 38:3087.103 — LA Code / Code revised-statutes / Title 38 / Section 3087.103
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 1995, No. 1045, §1.
La. Rev. Stat. § 38:3054 — LA Code / Code revised-statutes / Title 38 / Section 3054
Additional parish
Status: in_force

Limits of district may be extended to include one or more additional parishes affected by ground water resources common to East Baton Rouge Parish such additional parish or parishes are hereinafter referred to as "Additional Parish". No additional parish shall be included within district except upon approval thereof by the governing authority of additional parish and commission. Notice shall be given of a public hearing to be conducted by governing authority of additional parish in accordance with the requirements therefor as above required for creation of district hereunder. The action of governing authority approving inclusion of additional parish within district shall provide for appointment of two citizens and residents of additional parish to serve as members of commission.

Added by Acts 1970, No. 682, §4.
La. Rev. Stat. § 38:19 — LA Code / Code revised-statutes / Title 38 / Section 19
Merger and consolidation of the Fort Buelhar Lake Commission into department of public works
Status: in_force

A. In order to merge and consolidate into one department, under authority of Section 32 of Article III of the Constitution of 1921, the executive and administrative offices of the State of Louisiana whose duties and functions are of a similar nature or character, the Fort Buelhar Lake Commission, created and provided for by the laws of Louisiana, is hereby merged and consolidated into the Department of Public Works, and hereafter the director of public works shall exercise the administrative functions of the state authorized by the constitution and laws to be exercised in relation to the administration, management and operation of the functions, programs and facilities of the said merged commission.

B. By authority of Section 32 of Article III of the Constitution of 1921, all of the functions, powers and duties of the commission enumerated in Subsection A hereof are hereby transferred to the director of the Department of Public Works, and all of the functions, programs and operations of every kind of said commission, sometimes hereinafter referred to as "agency" hereafter shall be exercised and be performed by the director of the Department of Public Works, hereinafter referred to as "director".

C. Under the transfer of functions provided by this section, any pending or unfinished business of the agency transferred shall be taken over and be completed by the director with the same power and authority as was exercised by the agency. The director shall be the successor in every way to the agency, and every act done in the exercise of such functions by the director shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this section as if done by the agency from which such functions are transferred.

D. Whenever this agency is referred to or designated by the constitution or by any law or contract or other document, such reference or designation hereafter shall be deemed to and shall apply to the director, and the legislature hereby specifically states that the provisions of this section are in no way and to no extent intended to, nor shall they be construed in any manner which will, impair the contractual obligations of the agency heretofore existing or of the State of Louisiana.

E. It is hereby specifically provided that all such obligations hereafter shall be the obligations of the director to the same extent as if originally made by him. In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in the agency affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the director in the same manner and to the same extent as if originally so done. In addition, the provisions of this section shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any Act of the Congress of the United States or any regulation made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or this agency, anything contained in this section to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the director.

F. All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by the agency hereby merged, consolidated and transferred, in the exercise of its functions are hereby transferred to the director.

G. All employees heretofore engaged in the performance of duties in this agency in the exercise of functions transferred by this section to the director shall be transferred with functions to the director to the extent practicable or needed in order to carry out the purposes of this section and shall, so far as practicable, continue to perform the duties heretofore performed, subject, however, to the provisions of applicable state civil service law.

H. The merger and consolidation of offices and functions herein provided shall be effective on and after January 1, 1973; provided, however, that in order to effect an orderly transfer of such offices and functions the following procedure shall be effected, to wit:

(1) Not later than September 15, 1972, the agency herein merged and consolidated shall transmit to the governor, the Division of Administration and the director of the Department of Public Works such information as may be necessary to effect plans for such consolidation and merger as may be prescribed by the commissioner of administration, including but not limited to (a) a complete list of all personnel, their salaries and job descriptions; (b) a complete inventory of all furniture, fixtures and equipment of every kind and description whatsoever; (c) all financial and bookkeeping records of the agency, and (d) a summary of all floor space in state office buildings or elsewhere then being utilized.

(2) The director of the Department of Public Works thereafter shall prepare and transmit to the governor and the Division of Administration not later than November 1, 1972 a "transition plan for consolidation". This plan shall include a detailed procedure for the consolidation and merger of offices and functions, including the transfer and utilization of jobs, personnel, funds, office space and equipment, and such other information as the governor may require.

I. All monies appropriated to, dedicated to or otherwise realized through any source whatsoever by the agency herein being merged and consolidated upon the effective date of consolidation, shall be transferred to the director of the Department of Public Works and thereafter the disbursement of and accountability for said funds shall be the responsibility of the director of the Department of Public Works.

J. Upon completion of the merger, consolidation and transfer of functions on January 1, 1973, as provided by this section, the Fort Buelhar Lake Commission is abolished.

Added by Acts 1972, No. 727, §1.
La. Rev. Stat. § 38:1666 — LA Code / Code revised-statutes / Title 38 / Section 1666
Powers and duties of boards of commissioners of reorganized districts
Status: in_force

The reorganized drainage district shall then be subject in all respects to the provisions of this Part, and a plan for reclamation may be prepared as is herein provided, except that the board of commissioners of the reorganized drainage district will not be required to follow the steps or requirements of this Part which are inconsistent with or rendered unnecessary by the work that has already been done prior to reorganization. The drainage commissioners of any reorganized drainage district may continue the work of reclamation and drainage through any existing sub-drainage district, or sub-drainage districts, or they may if they deem it necessary for the more effective drainage and reclamation of the lands in the reorganized drainage district, consolidate any one or more existing sub-drainage districts with each other, or with other land or lands in the reorganized drainage district, and may cause to be prepared and adopted a plan for reclamation in the manner as provided for by this Part, embracing all or any portion of the lands in the reorganized drainage district, including any one or more existing sub-drainage districts, and may levy taxes against the lands and issue bonds as herein authorized including refunding bonds under R.S. 38:1670 through 38:1673 and, without regard to the boundaries of the previously existing sub-drainage district. No reorganization of an existing drainage district, or the consolidation of subdrainage districts of a reorganized district, shall have the effect of in any way invalidating any indebtedness, liability, or contract of any nature incurred under the former organization of any reorganized drainage district or any sub-drainage district, but all indebtedness, liability, or contract shall attach to and become the debt and liability of the new organization or of the respective sub-drainage district originally liable, until the indebtedness, liability, or contract is fully paid and discharged.
La. Rev. Stat. § 38:503 — LA Code / Code revised-statutes / Title 38 / Section 503
Ordinances and resolutions to be adopted; redemption prior to maturity
Status: in_force

A. The levee board or levee and drainage board shall, through their respective governing bodies before the issuance of bonds under this Subpart, and in contemplation of the issuance, in each case, pass and adopt an ordinance or resolution setting forth substantially the denomination, maturity, form, and phraseology of the bonds and interest coupons and specifically dedicating the proceeds of the special tax voted for that purpose to the payment of the bonds, both principal and interest, as they mature and levying the tax for the whole term or series of years for which it was voted. The fund shall not be diverted to any other purpose so long as any bond of the series shall be outstanding and unpaid.

B. Nothing in this Section shall prevent the levee board or levee and drainage board from stipulating in the bonds that they may be redeemed at any time prior to maturity at the option of the levee board or levee and drainage board.

Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:3087.165 — LA Code / Code revised-statutes / Title 38 / Section 3087.165
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 2001, No. 475, §1.
La. Rev. Stat. § 38:3087.235 — LA Code / Code revised-statutes / Title 38 / Section 3087.235
Playgrounds, parks, and other facilities
Status: in_force

The board of commissioners may 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 lake, as may, within the opinion of the board, become necessary. The board of commissioners shall also provide for the construction of public access boat ramps in the district to allow for and maintain public access to Lake St. Joseph for recreational purposes.

Acts 2003, No. 328, §1.
La. Rev. Stat. § 38:1769 — LA Code / Code revised-statutes / Title 38 / Section 1769
Issuance of bonds
Status: in_force

Gravity drainage districts and gravity subdrainage districts created under this Part may as political subdivisions incur debt and issue negotiable bonds payable from an ad valorem tax on the property within the district under the constitution and laws of the state of Louisiana relating to incurring debt and issuing bonds.
La. Rev. Stat. § 38:334.1 — LA Code / Code revised-statutes / Title 38 / Section 334.1
Revenue utilization; Atchafalaya Basin Levee District
Status: in_force

Nothing shall prohibit the Atchafalaya Basin Levee District from expending tax funds directly for tidal flood control projects within the Atchafalaya Basin Levee District.

Acts 1988, No. 687, §1.
La. Rev. Stat. § 38:330.12 — LA Code / Code revised-statutes / Title 38 / Section 330.12
Ownership and management of non-flood protection functions and activities
Status: in_force

A. Any facility or improvement within a levee district within the territorial jurisdiction of an authority, which facility or improvement is not directly related to providing adequate drainage, flood control, or water resources development pertaining to tidewater flooding, hurricane protection, or saltwater intrusion, that is owned or operated by a board of commissioners of the levee district, including all land, rights-of-way, servitudes, and improvements situated thereon, or connected therewith, for such purpose, shall be managed and controlled by the Non-Flood Protection Asset Management Authority, hereinafter referred to as the "authority", without the necessity of any other act or instrument, except that for purposes of the Orleans Levee District, any such facilities or improvement shall continue to be owned by the Orleans Levee District. For the purpose of this Section only, the authority shall be the successor to the state and the board of commissioners of such levee district. The state through the division of administration shall continue the routine maintenance of all such non-flood properties or facilities until the authority receives responsibility for such maintenance.

B.(1) The authority may enter into contracts, agreements, or cooperative endeavors of any nature with a state agency, political subdivision, or other legal entity or person, or any combination thereof, for the operation and maintenance of any facility or improvement, which it manages or controls pursuant to Subsection A of this Section.

(2) The authority may sell, lease, or otherwise transfer any such property and perform any and all things necessary to carry out the objects of this Section, provided that any such sale or transfer be for full and adequate consideration, and any proceeds therefrom be paid within thirty days following the sale or transfer in a ratio of eighty percent of the proceeds to the Authority and twenty percent of the proceeds to the members of the class established in the matter of "Haspel and Davis, Milling and Planting, Co., Ltd., et al. vs. Board of Levee Commissioners" Docket No. 31-357 of the Twenty-fifth Judicial District Court for the Parish of Plaquemines, to satisfy the outstanding debt of the Orleans Levee District pursuant to the judgment dated December 11, 2000, and the settlement agreement homologated therein. If the authority determines that the sale, lease, or transfer of such property is appropriate, it shall first offer the property to political subdivisions in the parish in which the property is located and state agencies conducting operations in that parish, other than levee districts, political subdivisions, or agencies responsible for flood control. If any such public entity is interested in acquiring the property, the authority shall evaluate proposals submitted by those entities. If no such proposal is received, or if such proposals are not determined to be in the best interest of the authority, the property may be offered for sale or lease as otherwise provided by law.

C. Except as required by federal law or regulation or state constitution, the expense of operating any facility or improvement referred to in Subsection A of this Section, which produces revenue shall be collected by the authority and, after deducting an amount for the expense of managing and controlling such facility or improvement, the remaining revenues therefrom shall be disbursed to the flood protection authority to the credit of the levee district in which the facility or improvement is located.

D. The authority may otherwise provide for the implementation of this Section by the adoption of rules and regulations pursuant to the Administrative Procedure Act. The authority shall not be subject to the rules and regulations of the Department of Transportation and Development.

E. No action taken pursuant to this Section or to any provision of this Part shall do any of the following:

(1) Impair the obligation of outstanding bonded indebtedness or of any other contract of any levee district.

(2) Impair the ability of any levee district to satisfy any outstanding judgment, any legal action, or claim pending against the district on the effective date of this Section.

Acts 2006, 1 st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2007, No. 133, §1, eff. June 25, 2007; Acts 2010, No. 1014, §2; Acts 2011, No. 363, §1, eff. June 29, 2011.
La. Rev. Stat. § 38:3087.154 — LA Code / Code revised-statutes / Title 38 / Section 3087.154
Playgrounds, parks, and other facilities; limitation
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 proposed lake, as may within the opinion of the board become necessary, and the district shall have the right of eminent domain and expropriation in the exercise of such powers.

Acts 2001, No. 474, §1.
La. Rev. Stat. § 38:3085.5 — LA Code / Code revised-statutes / Title 38 / Section 3085.5
Bonds; rights of bond holders; refunding bonds
Status: in_force

A. In any resolution authorizing the issuance of such bonds, the board may enter into such covenants with the future holder or holders of the bonds with respect to the management and operation of facilities, the imposition and collection of fees and charges for water and services furnished by the district, the disposition of such fees and revenues, the issuance of future bonds, and the creation of future liens and encumbrances against such facilities and the revenues therefrom, the carrying of insurance on the facilities, the keeping of books and records, and other pertinent matters, as are deemed proper by the board to assure the marketability of the bonds, but such covenants shall not be inconsistent with the provisions of this Part. Any holder of the bonds or of any of the coupons thereto attached may by appropriate legal action compel performance of all duties required of the board and officials of the district by this Part. If any bond issued hereunder is permitted to go into default as to principal or interest, any court of competent jurisdiction may, pursuant to the application of the holder of the bond, appoint a receiver for the facilities of the district. The receiver shall operate the facilities and collect and distribute the revenues thereof pursuant to the provisions and requirements of this Part and the resolution authorizing the bonds. In the discretion of the board the bonds may be additionally secured by conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended, or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it deems appropriate for the making and enforcement of the mortgage and the provisions to be therein contained.

B. If more than one series of bonds is issued hereunder which are payable from the revenues of any facility, priority of lien on such revenues shall depend on the time of delivery of the bonds. Each series shall enjoy a lien prior and superior to that enjoyed by any series of bonds subsequently delivered, except that where provision is made in the proceedings authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedure or restrictions provided in such proceedings, additional bonds may be issued in the future on a parity with such issue or series in the manner so provided in such proceedings. With respect to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the board, in the proceedings authorizing the issuance of the bonds, may provide that all of the bonds of the series or issue shall be coequal with respect to lien, regardless of the time of delivery.

C. The board may authorize revenue bonds issued under this Part and payable from the revenues to be derived from two or more facilities owned and operated by the district, whether or not such facilities are related or used in conjunction, for the purpose of constructing, acquiring, extending, or improving any one or more of the facilities.

D. The board may authorize the issuance of refunding revenue bonds of the district for the purpose of refunding outstanding revenue bonds. Such refunding bonds may be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds, or they may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized. In authorizing the refunding bonds the board shall provide for the security of the bonds, the sources from which the bonds are to be paid, and for the rights of the holders thereof in all respects as herein provided for other bonds issued under authority of this Part. The board also may provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded. No bonds may be refunded hereunder unless they either mature or are callable for redemption under their terms within twelve months from the date of issuance of the refunding bonds, or unless the holders thereof voluntarily surrender them for exchange or payment.

E. A resolution authorizing any bonds hereunder may provide that such bonds shall recite that they are issued under authority of this Part. Such recital shall conclusively import full compliance with all of the provisions of this Part, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. The bonds shall be signed by such officers as the board shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the board as it shall designate. The bonds may be issued and delivered notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons have ceased to be such officer or officers at the time the bonds actually have been delivered. The bonds shall be sold for not less than par and accrued interest to the highest bidder at a public sale after advertisement by the board at least once a week for not less than thirty days in a newspaper of general circulation within the district and in a financial newspaper or journal published in New Orleans, New York, or Chicago, reserving to the board the right to reject any and all bids. If after such advertisement, no bids are received, or if the board determines that bids received are unsatisfactory, the board may negotiate for the sale of the bonds within a period of sixty days thereafter. However, no negotiated sale of bonds shall be made for a price not as good as the most favorable bid received at the public offering.

F. No proceedings with respect to the issuance of any such bonds shall be necessary except those required by this Part.

Added by Acts 1975, No. 28, §1.
La. Rev. Stat. § 38:2108 — LA Code / Code revised-statutes / Title 38 / Section 2108
Appointment of commissioners
Status: in_force

In the ordinance creating an irrigation district under this Part, the police jury creating the district shall appoint the five commissioners who shall constitute the governing authority of the district, and who shall possess the qualifications, as provided in R.S. 38:2107, and who are named in the petition for the creation of the district.

Upon the expiration of the four year term of the commissioners, and every four years thereafter, the police jury creating the irrigation district shall appoint five commissioners who are recommended by landowners within the irrigation district, and where there is more than one person recommended for the same office, the police jury shall appoint the person otherwise qualified who is recommended by landowners owning the largest number of acres of lands in the district, outside of the corporate limits of incorporated towns and cities.
La. Rev. Stat. § 38:491 — LA Code / Code revised-statutes / Title 38 / Section 491
Authority to borrow money and issue bonds
Status: in_force

The levee districts and levee and drainage districts of Louisiana under the terms of any law which may be enacted by the Congress of the United States may borrow money from the United States government to be used for the purpose of constructing, repairing, or maintaining a levee, levees, drainage, or other works designed to protect the territory of the levee districts from the flood waters of the Mississippi River, upon terms which the congress may determine, and in evidence of the loans, may issue and deliver to the proper federal authorities at par value, negotiable bonds of the levee districts and levee and drainage districts, secured by the pledge of revenues and taxes. The bonds shall bear interest as provided in R.S. 39:1421 et seq., and in terms provide for their repayment, principal, and interest on an amortization plan by means of equal annual installments which will liquidate the bonds in periods ranging from twenty to forty years. The bonds shall not exceed fifteen percent of the total assessed valuation of property subject to levee taxation in any district issuing them, including the bond issues of the district heretofore authorized, issued, and outstanding. In all cases the loan shall be formally approved by the office of engineering whose approval shall be expressly written or printed in or across each bond.

Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 2012, No. 753, §5.
La. Rev. Stat. § 38:3087.224 — LA Code / Code revised-statutes / Title 38 / Section 3087.224
Board of commissioners, appointment; tenure; vacancies; compensation; domicile
Status: in_force

A. The district shall be governed and controlled by a board of seven commissioners, each of whom shall be a qualified elector of the state of Louisiana, owning property within the district. At least five commissioners shall reside in Tensas Parish, at least four of whom shall reside in the district. Two commissioners may reside outside of Tensas Parish.

B.(1) The initial members of the board of commissioners shall be appointed by the Tensas Parish Police Jury. All members shall be appointed from a list of no more than ten names submitted by the mayor and board of aldermen of the town of Newellton.

(2) The initial members of the board shall serve as follows: three commissioners shall serve a five-year term, two commissioners shall serve a three-year term, and two commissioners shall serve a one-year term. Commissioners shall draw lots for their initial terms at the first commission meeting. Thereafter, all commissioners shall serve five-year terms.

(3) 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 five 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.

D. The board shall be domiciled at Newellton, Louisiana.

Acts 2003, No. 328, §1.