La. Rev. Stat. § 48:228.1 — LA Code / Code revised-statutes / Title 48 / Section 228.1
Master characterization plan of state roads for maintenance
Status: in_force

A. The department shall further prepare and continually update a master plan for maintenance of the various roadway systems based upon characterization of all state-maintained roadways through a condition type summary. All state road systems shall be categorized as follows:

CATEGORY 1--shall consist of those roads constructed within the past five years and within such condition that all require only routine maintenance activities, including but not limited to roadside vegetation, litter control, sign maintenance, minor repairs to the surface, shoulders, and embankment.

CATEGORY 2--shall include those roadways constructed beyond a five-year period with conditions requiring more than routine maintenance chores. These roadways would require a combination of department forces supplemented with purchase order type contracts.

CATEGORY 3--shall include those roadways which require light rehabilitation including but not limited to joint replacement or heavy patching by purchase contract, as well as routine and heavy maintenance by department forces.

CATEGORY 4--shall include those roadways which require heavy rehabilitation in the form of overlay or extensive joint replacement by purchase order contract. At a minimum, routine maintenance shall be performed on these roads.

CATEGORY 5--shall include those roadways which require reconstruction on the basis of the annual needs study and those roadways included in the Resurfacing, Reconstruction, Rehabilitation, and Restoration Program. At a minimum, sign, roadside vegetation, and emergency maintenance for safety shall be performed on these roads.

B. The department shall provide to the Joint Legislative Committee on Transportation, Highways, and Public Works, semiannually, a status report on the work accomplished and the funds encumbered and/or expended on maintenance projects as provided in Subsection A above. The department shall notify the Joint Legislative Committee on Transportation, Highways, and Public Works in writing, on a current basis, of all contracts, bids to be let, and/or work to be done by the department on maintenance projects as provided in Subsection A above.

Acts 1987, No. 515, §1; Acts 1997, No. 433, §1, eff. July 1, 1997.
La. Rev. Stat. § 48:1271 — LA Code / Code revised-statutes / Title 48 / Section 1271
Maintenance and repair of expressway project, etc.
Status: in_force

A. Each expressway project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the Authority. Each such project shall have such force of toll-takers and other operating employees as the Authority may in its discretion employ.

B. All public or private property damaged or destroyed in carrying out the powers granted by this Chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under this Chapter.

C. The Department of Transportation and Development shall be responsible for the operation and maintenance of the expressway system.

Acts 1954, No. 232, §21. Amended by Acts 1970, No. 247, §3; Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:255.4 — LA Code / Code revised-statutes / Title 48 / Section 255.4
Cost-plus contracts prohibited; exceptions
Status: in_force

Except for a duly certified emergency, no contract of the department shall be let on a cost-plus basis. Plan changes which cannot be negotiated and for which no item was provided in the original contract may be ordered on a cost-plus basis, if such basis was specified in the original contract as advertised.

Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:262 — LA Code / Code revised-statutes / Title 48 / Section 262
Maintenance equipment; rent or lease by the department; rent or lease to others
Status: in_force

A. When the secretary determines that it is necessary or economically feasible to use specialized maintenance equipment which will not be needed on a permanent basis, the department may rent or lease fixed and mobile equipment necessary to appropriately maintain and operate the facilities under its jurisdiction. The department is not required to accept equipment offered at the lowest price when such a practice would result in the use of so many different types or brands that economic operation of the equipment would be impracticable.

B.(1) The department shall not loan, rent, or lease any unit of its active equipment.

(2) It may loan, rent, or lease any unit of its standby, or undisposed of surplus equipment, for a period of time not to exceed ninety days, to any municipality, parish, or other political subdivision that provides a holdharmless agreement, in a form approved by the department, to protect and indemnify the department from any liability arising from the use, maintenance, or any other factor attributable to the municipality, parish, or other political subdivision borrowing, renting, or leasing the equipment.

(3) The department shall loan mowing equipment to parishes, municipalities, or other political subdivisions, who provide holdharmless agreements, in a form approved by the department, for purposes of mowing the rights of way of the Interstate System and the state highway system when the department has failed to perform mowing activities for a period of sixty days.

Amended by Acts 1977, No. 291, §1; Acts 1981, No. 658, §1, eff. July 20, 1981; Acts 1987, No. 645, §1; Acts 2018, No. 365, §1.
La. Rev. Stat. § 48:269 — LA Code / Code revised-statutes / Title 48 / Section 269
Rest areas; roadside development areas; procedure
Status: in_force

A. The department may acquire by donation, purchase, lease, exchange, or expropriation the full ownership or any lesser interest therein of property it determines to be reasonably necessary or useful for the restoration, preservation, and enhancement of scenic beauty within or adjacent to the state highways, including acquisition of areas for the establishment and operation of publicly owned and controlled rest and recreation areas and sanitary and other facilities, in order to promote the safety, convenience, and enjoyment of travel on and the protection of the public investment in state highways, and in order that the department may receive and expend funds from the federal government and other federal aid funds that may be available.

B. The procedure in expropriation proceedings filed for these purposes shall be in accordance with the provisions of R.S. 48:441 et seq. but, whether an entire tract of land or only a portion thereof is expropriated, the provisions of R.S. 48:450 instead of R.S. 48:451 shall apply and the certificate of the chief engineer required by R.S. 48:442(3), may be eliminated.

C. In all cases negotiation will be conducted with the landowner before expropriation and specific consideration shall be given to the views of the landowner as to selection of portions of or tracts of land to be expropriated within the limits of the needs of the design of the highway.

D. This Section shall be liberally construed to effectuate these purposes.

Amended by Acts 1966, No. 475, §1; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:1001 — LA Code / Code revised-statutes / Title 48 / Section 1001
St. Francisville ferry; private contract
Status: in_force

A. The department is authorized to and shall endeavor to enter into a contract with a private entity for the maintenance of the St. Francisville ferry which crosses the Mississippi River between Pointe Coupee Parish and West Feliciana Parish.

B. Any request for bid proposals from competitors interested in contracting for the maintenance of the ferry shall be advertised in accordance with the bid advertisement requirements under the provisions of R.S. 48:252.

C. The secretary shall adopt and promulgate rules in accordance with the Administrative Procedure Act for the implementation of this Section which shall include but not be limited to:

(1) Prequalification requirements for competitors.

(2) Public announcement procedures for solicitation of interested competitors.

(3) Scope of service requirements to be met by the successful competitor.

(4) Requirements for bid proposals submitted by competitors.

(5) Selection and process of an award by the chief engineer and execution of the contract by the secretary.

(6) The length of the initial contract and renewals of such contract.

D. The maintenance of the ferry shall be in compliance with safety standards prescribed by the department.

E. No contract for maintenance of the ferry shall be entered into unless the private contractor demonstrates that it has the qualifications, experience, financial strength, and personnel necessary to carry out the terms of the contract.

F. Any measure increasing the toll imposed by the provisions of this Section shall require the enactment of a law by a two-thirds vote of the elected members of each house of the legislature.

Acts 1999, No. 844, §1.
La. Rev. Stat. § 48:1252 — LA Code / Code revised-statutes / Title 48 / Section 1252
Purpose of Chapter
Status: in_force

The purpose of this Chapter is to facilitate vehicular traffic, diminish the present handicaps and hazards and promote safety on the congested highways in Louisiana and to make possible the construction of modern express highways, and to carry out said purpose the Louisiana Expressway Authority (hereinafter created) is hereby authorized and empowered to construct, maintain, repair and operate expressway projects (as hereinafter defined) at such locations as may be approved by the department of highways and the Governor, and to issue expressway revenue bonds of said authority, payable solely from revenues, to pay the cost of such projects. It is the further purpose of this Chapter to prohibit the construction, maintenance, repair or operation of any toll expressway project by any subdivision of the government of the state of Louisiana, or any combination of such subdivisions, subsequent to the enactment of this law, except upon specific authorization by the Louisiana Expressway Authority of the state of Louisiana; provided nothing herein shall affect the status of toll bridges, causeways, expressways, tunnels or similar projects heretofore specifically authorized by law or the Constitution or which may be constructed by any authority organized pursuant to R.S. 48:1091-48:1107; provided, further, nothing herein shall affect the inherent constitutional and statutory authority vested in the parishes of Jefferson and St. Tammany, individually or in concert, to construct the Greater New Orleans Expressway as heretofore or hereafter authorized by said parishes, the right of said parishes to construct the Greater New Orleans Expressway being hereby expressly reserved; and provided further that nothing in this Section shall affect or be applicable to the highway project between U.S. Highway No. 61 near Lutcher or Gramercy and U.S. Highway No. 90 at Lafayette as described in the agreement executed as of September 1, 1953, by and between the Department of Highways of the state of Louisiana and the parishes of Ascension, Iberville, Lafayette, St. James, and St. Martin.

Acts 1954, No. 232, §2.
La. Rev. Stat. § 48:590 — LA Code / Code revised-statutes / Title 48 / Section 590
Consolidation of districts
Status: in_force

The governing authority of any parish in which there is one or more road districts or sub-road districts may, in the manner prescribed in R.S. 48:591, consolidate all of the road districts and sub-road districts or any number of them into one road district. It may, at the same time, add thereto and include in the new district any part or parts of the parish not previously included in a district.

Any such road district created shall be known as a consolidated road district and its bonds shall be known as consolidated road district bonds. No consolidated road district shall, however, comprise the entire territory of a parish. In case there is more than one consolidated road district in a parish, they shall be distinguished by adding to their names the letters A, B, C, etc.
La. Rev. Stat. § 48:2186 — LA Code / Code revised-statutes / Title 48 / Section 2186
Contracts; construction and law enforcement
Status: in_force

A. Contracts of a compact for the construction, improvement, repair, or maintenance of any municipal street system project, parish-related project, or project of a compact as defined in R.S. 48:2172(9) shall be made and awarded pursuant to Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.

B. Exceptions shall be made for publicly funded improvements made to private railway property under contract to the compact for a public benefit, where the labor organizations of the private railway have agreements to carry out work on such property. In this case, the granted public benefit by the private railway company shall be considered an intangible asset owned by the compact.

C. Notwithstanding any law to the contrary, a compact may contract with a private entity to provide services for design, cost estimate, feasibility studies, operations, management and construction management services, provided that any contract awarded for such services shall be awarded only after the compact drafts and uses a request for proposal seeking proposals from qualified providers. Notice of such requests for proposal shall be published twice, once a week for two weeks, in the official journal of the compact and once in at least one trade journal. Such notice shall give a brief description of the services sought, where a complete request for proposal form may be obtained, and the deadline for response to the proposal, which shall be no less than thirty days from the last publication in the official journal. Nothing in this Subsection shall be construed to allow contracts for the construction, improvement, repairs, or maintenance of railways to be awarded in any manner other than as set forth in Subsection A of this Section.

D. A compact created hereunder shall contract with the state police, a law enforcement district, or a municipal law enforcement agency for law enforcement and patrol functions.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:866 — LA Code / Code revised-statutes / Title 48 / Section 866
Temporary bonds
Status: in_force

Prior to the preparation of definitive bonds, the parish may, under the same restrictions as apply to definitive bonds, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
La. Rev. Stat. § 48:2084.3 — LA Code / Code revised-statutes / Title 48 / Section 2084.3
Public-private partnership projects; affected local jurisdictions
Status: in_force

A private entity requesting approval from or submitting a proposal to the authority shall furnish a copy of its request or proposal to each affected local jurisdiction and responsible public entity. Each affected local jurisdiction which is not a responsible public entity for the qualifying transportation facility shall within sixty days after receiving a copy of the request or proposal submit written comments regarding the proposed qualifying transportation facility to the authority indicating whether the facility is compatible with local comprehensive transportation plans.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:2184 — LA Code / Code revised-statutes / Title 48 / Section 2184
Levy special benefit assessments
Status: in_force

A. A compact formed under the provisions of this Chapter may levy special benefit assessments for needed public rail transit facilities and services on the property which benefits from those facilities and services.

B. The intrastate rail compact transit facilities and services provide special benefits to parcels of land, and improvements thereon, in the vicinity of rail rapid transit stations, and provide general benefits to the community at large. The board of directors of a compact shall be conclusive judge of the proportion of special and general benefits produced by the facilities and of the distribution of the special benefits among parcels of property within the benefit assessment district.

C. The compact may exercise the powers granted to an economic development district pursuant to R.S. 33:9038.33 and 9038.34 as if the compact is such an economic development district; however, no state tax increments shall be dedicated to pay any revenue bonds of any compact or be otherwise used to obligate the state financially to support a compact or projects of a compact.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:2098 — LA Code / Code revised-statutes / Title 48 / Section 2098
Acquisition of lands and property
Status: in_force

A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission.

B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.

C. The commission may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.

D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The commission and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the commission.

Acts 2003, No. 893, §1, eff. July 1, 2003.
La. Rev. Stat. § 48:207 — LA Code / Code revised-statutes / Title 48 / Section 207
Emergency purchases; no bids necessary
Status: in_force

A. When recommended by the assistant secretary for project delivery, the assistant secretaries, or the executive directors of the various offices and divisions of the department and when in the opinion of the secretary the best interest of the state will be served, emergency purchases of commodities, materials, supplies, equipment and miscellany, or purchases or leases of noncompetitive or patented articles, devices, equipment, or commodities may be negotiated and made without requesting bids. However, the essential documents authorizing these purchases or leases shall have written on their face the explicit reasons supporting the necessity for these leases or purchases.

B. When sections of highway, the component parts thereof, or any facility under the control of the department are damaged, obstructed, or destroyed by storms, floods, collisions, or other occurrences of violence, so as to impede or interrupt the normal use of the highway or facility, the secretary may make, or authorize to be made, without requesting bids, such emergency purchases as are required to temporarily repair the highway or facility until permanent repairs can be made. Such temporary repairs shall be held to the minimum necessary and plans shall immediately be started for the permanent rehabilitation of the highway or facility.

Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979; Acts 1984, No. 625, §1; Acts 2025, No. 380, §1.
La. Rev. Stat. § 48:1154 — LA Code / Code revised-statutes / Title 48 / Section 1154
Connecting highways and approaches
Status: in_force

If such bridge shall be designated a part of the state highway system, by order of the director of highways approved by the board of highways, the department of highways may contract to construct any highways necessary to connect the bridge with the state highway system, including the approaches to such bridge, and to pay the cost of such connecting highway or highways and approaches out of the moneys in the state highway fund, and the department of highways may further contract that after such bridge shall be opened for traffic it will maintain and operate such bridge, subject to any covenants which may have been made by the authority with the holders of bonds issued by such authority to provide for the cost of construction of such bridge.

Said contract shall define the location and extent of the connecting highways and the approaches to such bridge with reasonable certainty and the determination so made in said contract shall be conclusive and binding upon the parties thereto, upon the state and upon all other persons; provided, however, that the state highway department and the Authority may, by amendment to such contract, provide for the construction of additional approaches and highway connections to such bridge, and for the payment of the cost of construction of such additional connecting highways and approaches, subject to any covenants which may have been made by the Authority with the holders of any of its outstanding bonds.

Acts 1952, No. 8, §4.
La. Rev. Stat. § 48:26 — LA Code / Code revised-statutes / Title 48 / Section 26
Incidental powers
Status: in_force

Except as otherwise expressly provided by this Chapter, the department may perform every act necessary, convenient, or incidental to the exercise of its power and authority, the discharge of its duties, or the performance of its functions.
La. Rev. Stat. § 48:451.14 — LA Code / Code revised-statutes / Title 48 / Section 451.14
Alternate jurors
Status: in_force

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

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:251.9 — LA Code / Code revised-statutes / Title 48 / Section 251.9
Definitions
Status: in_force

A. As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the following meanings:

(1) "Bidding documents" means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special provisions, and all other instruments prepared by or on behalf of the department for use by prospective bidders on a public contract.

(2) "Bid form" means the portion of the bidding document required to be submitted in order to constitute a bid.

(3) "Contract" means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by Article VII, Section 27 of the Constitution of Louisiana.

(4) "Contractor" means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department.

(5) "Emergency" shall mean an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury, the result of an order from any judicial body to take immediate action which requires construction or maintenance without time to comply with the formalities of this Part.

(6) "Louisiana resident contractor" means:

(a) For the purposes of this Section, a "Louisiana resident contractor" includes any person, partnership, association, corporation, or other legal entity and is defined as one of the following:

(i) An individual who has been a resident of Louisiana for two years or more immediately prior to bidding on work.

(ii) A partnership, association, corporation, or other legal entity whose majority interest is owned by and controlled by residents of Louisiana.

(iii) A partnership, association, corporation, or other legal entity which for two years prior to bidding has maintained a valid Louisiana contractor's license and has operated a permanent facility in the state of Louisiana and has not had a change in ownership or control throughout those two years.

(b) For the purposes of Item (a)(ii) of this Paragraph, ownership percentages shall be determined on the basis of:

(i) In the case of corporations, all common and preferred stock, whether voting or nonvoting, and all bonds, debentures, warrants, or other instruments convertible into common and/or preferred stock.

(ii) In the case of partnerships, capital accounts together with any and all other capital advances, loans, bonds, debentures, whether or not convertible into capital accounts.

(7) "Negotiate" means to participate in the process of entering into contracts or plan changes without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances.

(8) "Plan change" means an alteration, deviation, addition, or omission as to a preexisting department construction or maintenance contract.

(9) "Plan change outside the scope of the contract" means a plan change which alters the nature of the thing to be constructed or which is not an integral part of the project objective.

(10) "Plan change within the scope of the contract" means a plan change which does not alter the nature of the thing to be constructed or which is an integral part of the project objective.

(11) "Public work" means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement.

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2007, No. 386, §1, eff. July 1, 2007.
La. Rev. Stat. § 48:1155 — LA Code / Code revised-statutes / Title 48 / Section 1155
Restriction on construction of other bridges
Status: in_force

The department of highways in any such contract may contract on behalf of itself and the state of Louisiana that neither the state, the department of highways, nor any subdivision of the state, shall permit the construction or operation of any other bridge within such distance of such bridge as shall be specified in the contract between the department and the Authority, or which in any manner conflicts with the terms of such contract.

Acts 1952, No. 8, §5.
La. Rev. Stat. § 48:2079 — LA Code / Code revised-statutes / Title 48 / Section 2079
Acquisition of lands and property
Status: in_force

A. For the purposes of this Chapter, the authority may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the authority may deem necessary for any authority purpose in the transportation corridor designated by the authority.

B. In the acquisition of land and property rights, the authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.

C. The authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the authority that maximize the price received for such property.

D. When the authority acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The authority and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.

Acts 2001, No. 1209, §2.
La. Rev. Stat. § 48:2084.7 — LA Code / Code revised-statutes / Title 48 / Section 2084.7
Public-private partnership projects; funding resources; federal, state, and local assistance
Status: in_force

A. Any financing of a qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the parties in the comprehensive agreement. Additionally, the private entity and the authority may utilize any and all funding resources available, and may, to the fullest extent permitted by applicable law, issue debt, both taxable and tax exempt, equity, or other securities or obligations, enter into leases, borrow or accept grants, and secure any financing with a pledge of security interest in or lien on any or all of its property, including all of its property interests in the qualifying transportation facility.

B. The authority may take any action to obtain federal, state, or local assistance for a qualifying transportation facility which serves the public purpose of this Chapter and may enter into any contracts required to receive such assistance. Any funds received from an agency or instrumentality of the state or federal government shall be subject to appropriation by the legislature.

C. The authority may agree to participate with the private entity in the costs of a public-private partnership project from revenues received from any agency or instrumentality of the federal, state, or local government.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:2091 — LA Code / Code revised-statutes / Title 48 / Section 2091
Short title
Status: in_force

This Chapter shall be known and may be referred to as the "Lafayette Metropolitan Expressway Commission Act".

Acts 2003, No. 893, §1, eff. July 1, 2003.
La. Rev. Stat. § 48:441.2 — LA Code / Code revised-statutes / Title 48 / Section 441.2
Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E. projects
Status: in_force

Notwithstanding any other provisions of law to the contrary, a local governing authority, with the approval of the Department of Transportation and Development, may acquire any property within its jurisdiction that is needed for the construction of current or future highway construction projects established and approved under the Transportation Infrastructure Model for Economic Development as provided for in Part VI of Chapter 7 of Title 47 of the Louisiana Revised Statutes of 1950. Where such property cannot be acquired amicably, the governing authority may, for that project only, expropriate such property prior to judgment in accordance with the provisions of Part XVIII of Chapter 1 of this Title.

Acts 1991, No. 311, §1, eff. July 3, 1991.
La. Rev. Stat. § 48:193 — LA Code / Code revised-statutes / Title 48 / Section 193
Highways through municipalities
Status: in_force

A. The department is hereby directed to repair and to keep in operating condition at its sole cost and expense, all municipal roads or streets which form a continuation of one of said highways; however, the final decision as to the designation or location of the particular municipal road or streets to be placed in the state system shall be left entirely up to the department. At the request of the governing authority of a municipality, the work may be contracted out to such municipality, but all such maintenance costs shall be paid for by the state, provided that the state shall not be responsible for the maintenance of sewers, street lighting, gas and water mains, and other public utilities. All damages to the streets or highways occasioned by the laying of sewers, street lighting, and other public utilities shall be paid by the owner thereof. The department shall control the parking on any highway which is hereafter constructed, widened, or relocated at the sole expense of the state. The department shall control signal lights and traffic other than parking on highways in the state system established hereby.

B. All new construction or relocation of roads, overpasses, underpasses, bridges, tunnels, or other highway betterment of roads in the state system located in municipalities shall be a cooperative effort between the municipality and the department; however, nothing herein shall prohibit a municipality from making contributions necessary to improve said highways beyond the standards fixed by the department. Nothing herein shall preclude the department from requiring railroads and such other public utilities which use the same from contributing to the payment of overpasses and underpasses and other traffic control devices, which contribution shall be reasonable under the circumstances and conditions to be determined by negotiation or arbitration. Nothing in this Subsection shall in any way affect the provisions of R.S. 33:3701 or any other general or special law applicable to municipal streets and to the extension of state highways through municipalities. Nothing herein shall be construed as altering the existing law concerning the removal of public utilities.

C. In order to create a more efficient system of state highways and to eliminate a duplication of effort and properly channel traffic through the said municipalities, each municipality of over five thousand in population in this state, according to the latest available census, shall develop and adopt a master street plan which shall be submitted for approval by the department which shall insure the proper location and integration of the state highway connections in the total city street plan, which shall be subject to revision as traffic conditions may require.

D. The department is fully authorized through its officers and officials to enter into all contracts and agreements with municipalities, parishes, road districts, or other public agencies of the state of Louisiana or of the United States, and all private individuals, partnerships, corporations, or other private legal entities necessary to carry out the provisions of R.S. 48:191 through 193.

E. All public roads, road projects, bridges, tunnels, or other highway betterment involving parish or municipal streets or roads made under the provisions of R.S. 48:191 through 193 or any other Act of the legislature in which state-allocated revenues are used in the construction thereof shall be constructed and maintained in accordance with engineering standards and procedures established by the department, and the department is fully authorized to withhold certification or approval to any such project or highway betterment unless it is constructed in accordance with the standards established by the department for the project.

F. Nothing contained in R.S. 48:191 through 193 shall permit the department to place in any of the functional classifications of state highways created thereby a greater total mileage than authorized by R.S. 48:191.

G. In any parish with less than one hundred miles of roads not on the state highway system, the police jury of the parish, with the approval of the department, may contract with the department to perform maintenance or construction work on parish roads under such terms as can be mutually agreed upon.

Amended by Acts 1955, No. 40, §4; Acts 1999, No. 363, §1, eff. June 16, 1999.
La. Rev. Stat. § 48:451.2 — LA Code / Code revised-statutes / Title 48 / Section 451.2
Time limit for demanding jury trial; waiver of demand for jury trial; limitations
Status: in_force

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

B. The department may demand jury trial by motion filed no later than fifteen days after service upon the department of 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 jury trial may be waived at any time prior to the swearing of the jury.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
La. Rev. Stat. § 48:777 — LA Code / Code revised-statutes / Title 48 / Section 777
General compliance; enhancement
Status: in_force

No provision of this Part shall be construed so as to exempt the district from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual office holding and employment, public bidding for the purpose of supplies and materials, and the Code of Governmental Ethics. The district shall be permitted to use alternative competitive procurement and delivery methods for the award of any contracts for a major road and bridge project.

Acts 2018, No. 488, §1, eff. May 25, 2018.
La. Rev. Stat. § 48:391 — LA Code / Code revised-statutes / Title 48 / Section 391
Obstruction of railroad grade crossings
Status: in_force

A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:

(a) A power brake failure or other mechanical failure.

(b) Enforcement of the Hours of Service Act.

(c) Derailment or other accident.

(d) A directive of the Federal Railway Administration.

(e) Circumstances over which the railroad company or carrier has no reasonable control, such as a natural disaster or acts of third parties.

(2) No employee performing his duties under the operating rules or orders of the railroad company or carrier or its supervisory personnel shall be prosecuted for any violation of this Section.

(3) Any rail carrier violating the provisions of Paragraph (1) of this Subsection shall be fined as follows:

(a) If the duration of the obstruction is in excess of twenty minutes, but not longer than twenty-five minutes, the fine shall be not less than two hundred dollars nor more than five hundred dollars.

(b) If the duration of the obstruction is in excess of twenty-five minutes, but not longer than thirty minutes, the fine shall be five hundred dollars.

(c) If the duration of the obstruction is in excess of thirty minutes, but not longer than thirty-five minutes, the fine shall be seven hundred dollars.

(d) If the duration of the obstruction is in excess of thirty-five minutes, but not longer than forty minutes, the fine shall be nine hundred dollars.

(e) If the duration of the obstruction is in excess of forty minutes, but not longer than forty-five minutes, the fine shall be one thousand dollars.

(f) If the duration of the obstruction is in excess of forty-five minutes, the fine shall be one thousand dollars plus an additional five hundred dollars for each five minutes of obstruction in excess of forty-five minutes. However, the maximum fine shall not exceed five thousand dollars for an obstruction which occurs within a twenty-four hour period.

B.(1) Every railroad shall be operated in such a manner as to minimize obstruction of emergency vehicles at public highway grade crossings.

(2) Upon receiving notification from a law enforcement officer, member of a fire department, operator of an emergency vehicle, or a member of an emergency services provider that emergency circumstances require the clearing of a public highway railroad grade crossing, the members of the train crew of the train, railroad car or equipment, or engine blocking such crossing shall immediately notify the appropriate railroad dispatcher of the pending emergency situation and request the clearing of such crossing, consistent with the safe operation of the train.

(3) Every railroad dispatcher or other person responsible for the movement of a train, railroad car or equipment, or engine in a specific area who receives notification that a train, railroad car or equipment, or engine is obstructing the movement of an emergency vehicle at any crossing within such area shall immediately notify the train crew through use of existing communication facilities. Upon notification, the train crew shall take immediate action in accordance with this Subsection.

C.(1) Any person riding upon a train, railroad car or equipment, or engine which is running through or within this state who is accountable for the movement of the train, car or equipment, or engine shall keep on his person or upon the train, railroad car or equipment, or engine written identification of the person, corporation, firm, or agent by whom he is employed.

(2) It shall be the responsibility of any railroad company or carrier operating any railroad, engine, or train within this state to inform the chief law enforcement officer of each parish or municipality in which it operates of the telephone numbers of the railroad dispatch center having jurisdiction over such railroad, engine, or train in the parish or municipality. The information shall be updated within forty-eight hours of any change, but no less than once every six months.

D.(1) Any railroad or public agency may, by formal application to the Department of Transportation and Development, request a variance from the requirements of this Section or have different regulations provided in connection with operation over a specific crossing where local conditions so require. The application shall list any public agencies within the geographic area or any railroads which may be affected by the variance and shall detail any previous steps which may have been taken in an attempt to reach an agreement on or alternative to the proposed variance.

(2) The department shall promulgate rules and regulations for the implementation and administration of the application process provided in this Subsection.

Acts 1998, 1st Ex. Sess., No. 120, §1.
La. Rev. Stat. § 48:389.1 — LA Code / Code revised-statutes / Title 48 / Section 389.1
Parish public roadways; designation as public crossings
Status: in_force

Each parish governing authority is authorized to designate parish public roadways, as defined in R.S. 48:753(F), intersecting a railroad right of way as public crossings. Upon a formal designation as a public crossing, the parish public roadways and public crossings may be eligible for the same safety and crossings improvements as are other public crossings.

Acts 1993, No. 479, §1.
La. Rev. Stat. § 48:946 — LA Code / Code revised-statutes / Title 48 / Section 946
Toll-keepers
Status: in_force

Toll keepers shall be appointed by the state highway department. They shall execute bond for the faithful performance of their duties and for the due and proper accounting of all monies received by them. These bonds shall be made payable to the state in such amounts and with such surety companies authorized to do business as determined by the state.

Toll keepers shall keep such records and make accounting in settlement at such times and in such manner as the highway department prescribes. They shall make a statistical record showing the number of tolls paid at the bridge or bridges and the department shall keep a record of the source of all tolls.
La. Rev. Stat. § 48:2172 — LA Code / Code revised-statutes / Title 48 / Section 2172
Definitions
Status: in_force

Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:

(1) "Act" means the Louisiana Intrastate Rail Compact Act.

(2) "Authority" means Louisiana Intrastate Rail Authority.

(3) "Board" means the board of directors of a compact.

(4) "Bonds" means bonds, notes, certificates, obligations, or any other evidence of indebtedness or evidence of borrowed money issued or entered into by a compact to finance a project.

(5) "Compact" means any quasi-governmental entity compact formed by any parish or municipality, or two or more parishes or municipalities, or any combination of parishes and municipalities pursuant to the provisions of this Chapter or any successor thereto.

(6) "Department" means the Department of Transportation and Development or any successor agency thereto.

(7) "Municipal-street system project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property or related facilities as part of the rail service program.

(8) "Parish-related project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of a parish road railway or other transportation system and related facilities to the railway program.

(9) "Project" means any capital project undertaken pursuant to this Chapter involving the acquisition of real property for, or the acquisition, construction, reconstruction, improvement, extension, installation, development, or equipping of a railway, related facilities, or any portion thereof, including a state-designated passenger rail project.

(10) "Project costs" means all costs of acquisition and construction; the cost of acquisition of all land, rights-of-way, servitudes, property rights, easements, and interests acquired, or to be acquired, by a compact for such a railway program and related construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest charges, interest prior to and during construction; cost of traffic estimates and of engineering and legal expenses; plans, specifications, and surveys; estimates of cost and of revenues; other expenses necessary or incidental to determining the feasibility or practicability of constructing a railway project; administrative expenses and such other expenses as may be necessary or incidental to the construction of a project; the financing of such railway construction and the placing of a rail transport project in operation. Any obligation or expenses hereafter incurred by the department, with the approval of a compact, for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as part of the cost of the project and shall be reimbursed to the department.

(11) "Public utility facilities" means tracks, pipes, signals, railroad grade-crossing protection at vehicular crossings, stations, parking facilities mains, conduits, cables, wires, towers, poles, railroads, and other equipment and appliances which are either publicly or privately owned.

(12) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface space, and any and all other things and rights usually included within the said term, including any and all interests in such property less than full title, such as easements and servitudes, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, whether permanent or temporary.

(13) "Revenues" means:

(a) All income, revenues, and receipts derived or to be derived from a project owned, leased, maintained, operated, or otherwise received by a compact from a project, or from contracts or agreements relating to a project, including but not limited to lease or sublease agreements, sale agreements, security agreements, loan agreements, pledge agreements, or other financing agreements between that compact and any entity, or from any other sources whatsoever.

(b) Monies generated by way of contract, pledge, donation, or bequest.

(c) Monies generated by taxes of a public entity which are authorized to be assessed and levied by law.

(14) "State" means the state of Louisiana.

(15) "State-designated project" means any proposed capital project involving the acquisition of land for, or the acquisition, construction, reconstruction, improvement, installation, extension, development, or equipping of real property as part of the state transportation system, including railway projects and related facilities.

(16) "State transportation system" means all roadways, highways, bridges, or tunnels which constitute the state rail transportation system.

(17) "Transitway" or "railway" means any fixed guide way facility involving the use of rail or dedicated transit lines.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:2183 — LA Code / Code revised-statutes / Title 48 / Section 2183
Public utilities
Status: in_force

A. A compact shall have the power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, vehicular crossings of railroads, pipeline company, or other entity, in, on, along, over, or under a project. Whenever a compact shall determine that it is necessary that any public utility facilities which now are, or hereafter may be, located in, on, along, over, or under a project should be relocated in such project, or should be removed from such project, or should be carried along or across the project by grade separation, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the compact; however, the cost and expenses of such relocation or removal or grade separation, including the cost of installing such facilities in a new location or new locations, and the cost of any land, or any rights-of-way or interest in lands, and any other rights acquired to accomplish such relocation or removal, and the cost of maintenance of grade separation structures, shall be paid by the compact as a part of the cost of such project. In case of any such relocation or removal of public utility facilities, the owners or operators of the same, their successors or assigns, may use and operate such public utility facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such public utility facilities in their former location or locations.

B. Notwithstanding the provisions of Subsection A of this Section, any utility allowed to exist on a compact's right-of-way at the request of the utility pursuant to R.S. 48:2180(6), shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:2084.10 — LA Code / Code revised-statutes / Title 48 / Section 2084.10
Public-private partnership projects; utility crossings
Status: in_force

Subject to the provisions of R.S. 48:2080, the private entity and each public service company, public utility, railroad, and cable television provider whose facilities are to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the facility. The private entity shall pay all costs for crossing, constructing, moving, or relocating such facilities.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:1156 — LA Code / Code revised-statutes / Title 48 / Section 1156
Operation and maintenance
Status: in_force

Neither the state of Louisiana, nor any subdivision thereof, the Louisiana public service commission, or any other political subdivision or agency of the state, shall interfere in any manner with the maintenance and operation of the bridge, whether as to the tolls charged for the use thereof or otherwise, except in so far as may be necessary for the public safety or to enforce compliance with the contract between the department of highways and the authority. No bridge which shall be the subject of such a contract shall be deemed to be a public utility, and no such bridge shall be subject in any manner to the jurisdiction of the Louisiana public service commission.

Acts 1952, No. 8, §6.
La. Rev. Stat. § 48:1801 — LA Code / Code revised-statutes / Title 48 / Section 1801
Definitions
Status: in_force

For purposes of this Chapter, the following words have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:

(1) "Commission" means the Zachary Taylor Parkway Commission.

(2) "Department" means the Louisiana Department of Transportation and Development.

(3) "District" means the Zachary Taylor Parkway District, which is comprised of the parishes of Avoyelles, East Feliciana, Pointe Coupee, Rapides, St. Helena, Tangipahoa, Washington, and West Feliciana.

(4) "Parkway" means a four-lane highway traversing the Louisiana Highway 1 and Louisiana Highway 10 corridor, which shall be known as the Zachary Taylor Parkway, which shall have as its western terminus Interstate 49 in the vicinity of Alexandria, which shall cross the Pearl River in the vicinity of Bogalusa, and which shall cross the Mississippi River by way of the bridge which is planned for construction in the vicinity of St. Francisville and New Roads, and which shall have as its eastern terminus the intersection of Mississippi Highway 26 with Interstate 59 near Poplarville, Mississippi.

(5) "Project" means:

(a) The construction of new roadways and bridges.

(b) The improvement or extension of existing roadways and bridges along the route described in Paragraph (4).

Acts 1992, No. 288, §1; Acts 1993, No. 230, §1; Acts 2016, No. 290, §1.
La. Rev. Stat. § 48:229.1 — LA Code / Code revised-statutes / Title 48 / Section 229.1
Statewide prioritization process for the Highway Priority Program
Status: in_force

A. The legislature declares it to be in the public interest that a prioritization process for construction be utilized to develop a Highway Priority Program that accomplishes the following:

(1) Prioritizes above all else, transparency to the public and the accuracy of project delivery timelines, financial means, and the nature and scope of projects.

(2) Brings the state highway system into a good state of repair and optimizes the usage and efficiency of existing transportation facilities.

(3) Improves safety for motorized and nonmotorized highway users and communities.

(4) Supports resiliency in the transportation system, including safe evacuation of populations when necessitated by catastrophic events such as hurricanes and floods.

(5) Increases accessibility for people, goods, and services.

(6) Fosters diverse economic development and job growth, international and domestic commerce, and tourism.

(7) Fosters multimodalism, promotes a variety of transportation and travel options, and encourages intermodal connectivity.

(8) Encourages innovation and the use of technology.

(9) Protects the environment, reduces emissions, and improves public health and quality of life.

(10) Fosters reliability and efficiency of the state highway network for workforce development and workforce access purposes by considering and bolstering connection to employment clusters and higher educational institutions through integration with local roads, transit, rail, or other intermodal options.

B. The department shall provide the legislature and public with this program which shall list projects to be constructed in the ensuing fiscal year in an order of priority that is determined after projects selected pursuant to Subsection C of this Section are analyzed and prioritized based upon the factors set forth in Subsection A of this Section.

C. The projects to be included in the Highway Priority Program shall be selected utilizing a process based on an objective analysis that considers, at minimum, the following factors relative to the cost of the project and anticipated revenues to be appropriated by the legislature:

(1) The condition of the roads, streets, and structures making up the state highway system and the relative urgency of the improvements considering in their order of general needs. For purposes of this Paragraph, "condition" shall include but not be limited to the state of repair of the existing roadway and shoulder surfaces, structures and drainage, and other factors of the roadway, such as signs, signals, markings, and barriers.

(2) The type and volume of traffic on a particular segment of roadway, highway, or bridge.

(3) The crash records for a particular segment of roadway, highway, or bridge.

(4) The technical difficulties in the preparation of plans and the procurement of rights-of-way for a particular segment of roadway, highway, or bridge.

(5) Whether unforeseeable emergencies such as floods have created an immediate need for improvement or reconstruction.

(6) Whether capacity improvements are warranted due to population or traffic volume increases in specific geographic areas.

(7) Whether or not the highway or bridge is or will be on an evacuation route utilized to evacuate large populations due to catastrophic events such as hurricanes or flooding.

(8) Whether the improvement to or addition of a highway or bridge will benefit the economic development potential of the state.

D. Prior to selecting a project for inclusion in the program based on the factors set forth in Subsection C of this Section, the department shall screen all projects submitted for inclusion in the program to determine whether they are consistent with the most recent Statewide Transportation Plan and warrant inclusion in the program. The results shall be published on the department's website in a format that identifies submitted projects that were not included in the program.

E. No later than October first of each year, the department shall make public, in an accessible and accurate format, the results of the screening and analysis of projects pursuant to this Section.

F. The department shall include in its annual submission of the highway priority program a detailed list of any changes to the previous year's program, along with an explanation of the reasons such changes were made. It shall be the goal of the department to ensure that at least ninety percent of its projects in the program progress as provided for in the previous year's program submission. The legislative auditor shall monitor the program and make an annual determination of the percentage of accuracy.

G. The department shall consult with Louisiana Economic Development to understand and achieve site development goals when fixing the priorities of projects as required by this Section.

H. The department shall provide a report on the status of projects included in the Highway Priority Program to the House and Senate committees on transportation, highways and public works annually.

Acts 2015, No. 355, §1, eff. March 14, 2016; Acts 2025, No. 380, §1.
La. Rev. Stat. § 48:252.1 — LA Code / Code revised-statutes / Title 48 / Section 252.1
Emergency contracting
Status: in_force

In case of emergency where such emergency has been certified by the secretary or his duly appointed designee, the requirements of this Subpart may be waived by the secretary or his duly appointed designee to the minimum extent necessary to meet the demands of the emergency.

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 126, §2, eff. May 5, 1998.
La. Rev. Stat. § 48:948 — LA Code / Code revised-statutes / Title 48 / Section 948
Cessation of tolls
Status: in_force

When the cost of the bridge has been paid, it shall be immediately opened as a free bridge to the travelling public and shall thereafter be maintained as part of the state highway system.
La. Rev. Stat. § 48:867 — LA Code / Code revised-statutes / Title 48 / Section 867
Registration of bonds; coupon bonds
Status: in_force

Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone and also as to both principal and interest and for the issuance of new coupon bonds in exchange for bonds registered as to both principal and interest.
La. Rev. Stat. § 48:2193 — LA Code / Code revised-statutes / Title 48 / Section 2193
Transportation network company permits
Status: in_force

A. A person shall not operate a company in the state of Louisiana without first obtaining a permit from the department. However, if a company has been operating in this state prior to July 1, 2019, they may continue operating until the department creates a permit process and sets a registration deadline. As a part of the permit process, a company shall be required to provide the department with a certificate of insurance verifying compliance with R.S. 45:201.6 and listing the department as a certificate holder.

B. The department shall issue a permit to each applicant that meets the requirements applicable to a company as provided for in this Chapter.

C. The department shall not charge a fee for the issuance of any permit to a company under this Section.

Acts 2019, No. 286, §2, eff. July 1, 2019.
La. Rev. Stat. § 48:953 — LA Code / Code revised-statutes / Title 48 / Section 953
Organized runs, walks, marches, or parades on bridges prohibited on weekdays; exceptions
Status: in_force

Organized runs, walks, marches, or parades shall be prohibited from crossing the Greater New Orleans Bridges Nos. one and two and the Huey P. Long Bridge in Orleans and Jefferson Parishes on weekdays from midnight Sunday evening until midnight on Friday evening except on any holiday recognized by federal, state, or local government.

Acts 1985, No. 176, §1.
La. Rev. Stat. § 48:451.22 — LA Code / Code revised-statutes / Title 48 / Section 451.22
Remittitur or additur as alternative to new trial; reformation of verdict
Status: in_force

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

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:255.6 — LA Code / Code revised-statutes / Title 48 / Section 255.6
Preference in letting contracts for public works
Status: in_force

A. If a nonresident contractor bidding on a department project is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.

B. The provisions and requirements of this Section shall not be waived by any department.

Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:2198 — LA Code / Code revised-statutes / Title 48 / Section 2198
Zero tolerance policy
Status: in_force

A. The company shall implement a zero tolerance policy regarding a driver's activities while accessing the company's digital network. The zero tolerance policy shall address the use of drugs or alcohol while a driver is providing prearranged rides or is logged into the company's digital network, regardless of whether the driver is providing prearranged rides. The company shall provide notice of this policy on its website as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the prearranged ride.

B. Upon receipt of a rider's complaint alleging a violation of the zero tolerance policy, the company shall suspend the alleged driver's ability to accept trip requests through the company's digital network immediately and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.

C. The company shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a rider's complaint is received by the company.

Acts 2019, No. 286, §2, eff. July 1, 2019.
La. Rev. Stat. § 48:2132 — LA Code / Code revised-statutes / Title 48 / Section 2132
Purpose; legislative findings
Status: in_force

A. The legislature hereby finds and declares that the development, construction, improvement, expansion, and maintenance of an efficient, safe, and well-maintained limited access highway system and related ingress and egress is essential to promote continued economic growth and to provide a high quality of life for the people of the Ouachita Parish area.

B. Public revenue, including federal funds, has not kept pace with the area's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Ouachita Expressway Authority, to pursue alternative and innovative funding sources, including but not limited to tolls, to supplement public revenue sources, and to build a fourth bridge over the Ouachita River.

Acts 2007, No. 329, §1.
La. Rev. Stat. § 48:588 — LA Code / Code revised-statutes / Title 48 / Section 588
Special tax for maintenance; election
Status: in_force

Whenever an election is called by the governing authority of any parish or district for the purpose of incurring debt and issuing bonds therefor, for the purpose of acquiring, building, improving, or maintaining public roads or highways, the governing authority may, at the same time, submit to the property taxpayers of the parish or district a proposition to levy a special tax of not more than five mills on the dollar for a period of not more than ten years, for the purpose of maintaining and keeping in repair these public roads and highways.

When an indebtedness has been incurred in any parish or district and bonds have been issued therefor for the purpose of acquiring, building, maintaining, or improving public roads or highways, the governing authority of the parish or district may call an election throughout the parish or district for the purpose of submitting to the property taxpayers thereof the proposition set out in the first paragraph of this Section.

The rate, object, and purpose for which the tax is to be levied and the number of years it is to run shall be stated in the ordinance or resolution calling the election.
La. Rev. Stat. § 48:2160 — LA Code / Code revised-statutes / Title 48 / Section 2160
Contracts; construction; project development; law enforcement
Status: in_force

A. Contracts of the commission for the construction, improvement, or maintenance of any commission project shall be made and awarded pursuant to applicable provisions of state law.

B. The commission may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any commission project.

Acts 2009, No. 518, §1, eff. July 10, 2009.
La. Rev. Stat. § 48:2030 — LA Code / Code revised-statutes / Title 48 / Section 2030
State-designated projects; department approvals
Status: in_force

A. An authority may, upon obtaining the approval of the department, undertake a state-designated project as a project under this Chapter.

B. The department may, upon the request of an authority, in connection with any state-designated project, expend out of any funds available for the purpose such monies and make such use of its engineering and other staff as may be necessary and desirable, in the judgment of the department, for traffic surveys, borings, surveys, preparation of plans and specifications, estimates of cost, and other preliminary engineering and other studies. These expenditures shall be reimbursed to the department from the sale of bonds for the project and shall be considered a part of the project cost.

C. The department may serve as the agent for an authority for the purpose of constructing and completing improvements and extensions to a state-designated project. In such event, the authority shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of the department in the state treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.

D. Any portion of a project which would extend beyond the geographic boundaries of an authority, or interconnect with or otherwise directly affect the operation of any portion of the state highway system or any state-designated project, shall be subject to department approval.

E. Any portion of a project which would extend beyond the geographic boundaries of an authority shall have the approval of the metropolitan planning organization which has jurisdiction for reviewing projects for such parishes or municipalities.

F. Notwithstanding any other law to the contrary, specifically including but not limited to the Louisiana Expressway Law (R.S. 48:1251 et seq.), any authority organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:343 — LA Code / Code revised-statutes / Title 48 / Section 343
Moving property across highways
Status: in_force

The chief engineer of the Department of Transportation and Development may regulate, as to method, the moving of tangible movable property across the highways.

Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
La. Rev. Stat. § 48:998 — LA Code / Code revised-statutes / Title 48 / Section 998
Ferries operated under franchise made separate class for taxation; valuation
Status: in_force

Ferries owned and operated under franchises granted for a specific number of years are a separate class for the purpose of assessment and taxation. These franchises shall be valued by the assessing authorities for state purposes at a sum equal to the price paid for the franchises divided by the number of years for which franchise is granted. This valuation and listing is binding for local purposes upon all subdivisions of the state in which the ferries are operated.
La. Rev. Stat. § 48:1104 — LA Code / Code revised-statutes / Title 48 / Section 1104
Tolls or fares
Status: in_force

When all bonds issued under the provisions of this Part as amended secured by the tolls or revenues of any one or more bridges or ferries and the interest thereon shall have been paid, or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, tolls or fares may be charged by the authority for the use of such bridge or ferry only to the extent necessary to provide for the annual expense of the maintenance and operation thereof; provided, however, that if the Department of Highways shall have theretofore or shall thereafter accept such bridge or ferry as part of the state highway system, after the satisfaction of claims of the bondholders as aforesaid, such bridge or ferry shall be maintained by the Department of Highways free of tolls.

Acts 1958, No. 526, §14. Amended by Acts 1968, No. 269, §2.
La. Rev. Stat. § 48:456 — LA Code / Code revised-statutes / Title 48 / Section 456
Judgment as to difference awarded; payment of judgment
Status: in_force

A. If the amount finally awarded exceeds the amount so deposited, the court shall enter judgment against the department and in favor of the persons entitled thereto for the amount of the deficiency. The judgment shall not be an in globo award, but shall list separately the amounts awarded, but not deposited, for:

(1) An increase in the fair market value of the part taken;

(2) An increase in severance damages;

(3) Attorney fees;

(4) Expert witness fees; and

(5) Any other type of loss or damage.

B. Those portions of the final judgment which award an increase in the value of the part taken, an increase in severance damages, compensation for any other type of loss or damage, together with interest payable on those sums not deposited, attorney fees, and expert witness fees shall be paid within ninety days after becoming final. Thereafter, upon application by the owner or owners, the trial court may issue a writ of mandamus to enforce payment.

Added by Acts 1954, No. 107, §1, eff. June 24, 1981; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
La. Rev. Stat. § 48:1153 — LA Code / Code revised-statutes / Title 48 / Section 1153
Plans and specifications
Status: in_force

Every bridge to be constructed in pursuance of such contract shall be constructed according to standards of safety prescribed by the department of highways; provided, however, that the department shall not be required to approve the plans and specifications for such bridge except to the extent necessary for public safety.

Acts 1952, No. 8, §3.
La. Rev. Stat. § 48:575 — LA Code / Code revised-statutes / Title 48 / Section 575
Hearing of objections; powers of parish governing authority
Status: in_force

The governing authority of the parish shall hear all objections at the time appointed or at any time to which the hearing thereof may be adjourned and pass upon them. Its decision thereon shall be final and conclusive.

At this hearing the parish governing authority may change the boundaries of the proposed district by excluding therefrom the lands of persons objecting or by including therein the lands of persons petitioning to be included.

After disposing of all objections, the parish governing authority shall, if it determines to create the district, adopt a resolution finally fixing the general boundaries of the district and giving the district a numerical designation and name, as follows:

"Road District No. ______ of the Parish of _____________."
La. Rev. Stat. § 48:1167 — LA Code / Code revised-statutes / Title 48 / Section 1167
Effective date of merger, consolidation and transfer of functions; appropriations
Status: in_force

The merger, consolidation and transfer of functions provided for by this part shall take effect and become operative on January 1, 1973, and it is hereby specifically provided that on said date any appropriations made at this 1972 regular session of the legislature, or any funds otherwise made available, to any authority to carry out the functions herein transferred shall follow the functions and activities herein transferred and shall be transferred to the board of highways for use by the board in carrying out the functions and activities herein transferred to it.

Added by Acts 1972, No. 726, §1.
La. Rev. Stat. § 48:383 — LA Code / Code revised-statutes / Title 48 / Section 383
Removable bridges over certain canals
Status: in_force

Where a highway is built across a drainage or irrigation canal which was dug by a floating dredge or which may be subject to cleaning or recleaning by a floating dredge, a bridge shall be built at the crossing of a design approved by the chief engineer which shall permit a quick, easy, and efficient removal and replacing to facilitate the cleaning of the canal.

Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
La. Rev. Stat. § 48:2084.13 — LA Code / Code revised-statutes / Title 48 / Section 2084.13
Public-private partnership projects; procurement
Status: in_force

A. Louisiana procurement regulations promulgated pursuant to R.S. 39:1581 et. seq. and R.S. 48:2081 shall not apply to public-private partnership projects. The comprehensive agreement entered into by the parties may include provisions which are consistent with procurement through competitive sealed bidding or competitive negotiation. The authority shall not be required to select the proposal with the lowest price offer but may consider price as one factor in evaluating proposals. The authority may also consider other factors such as the proposed cost of the qualifying transportation facility, the general reputation, industry experience, and financial capacity of the private entity, the proposed design of the qualifying transportation facility, the eligibility of the facility for accelerated selection, review, and documentation time lines under the authority's guidelines, local citizen and government concerns, benefits to the public, the private entity's compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such a plan, the private entity's plans to employ local contractors and residents, the party submitting the original proposal for the qualifying transportation facility, and other factors deemed appropriate by the authority.

B. The authority shall proceed in procuring necessary elements of the project in accordance with its guidelines. The authority's guidelines shall be based on factors such as the probable scope, complexity, and priority of the project, the risk sharing, added value, debt, or equity investments by the private entity, and the increase in funding, dedicated revenue source, or other economic benefit otherwise unavailable. Prior to proceeding in procurement activities in accordance with its guidelines, the authority shall state the reasons for its determination in writing.

C. The authority shall comply with the provisions of R.S. 48:2078 if the public-private partnership project is a state-designated project prior to entering into the comprehensive agreement.

D. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, the authority shall make available, upon request, procurement records in accordance with applicable public records laws.

E. Qualifying transportation facilities may be constructed utilizing design-build or other innovative project delivery methods.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:1167.1 — LA Code / Code revised-statutes / Title 48 / Section 1167.1
Effective date of merger, consolidation and transfer of functions; appropriations; termination; Mississippi River Bridge Authority; Crescent City Connection Division
Status: in_force

The merger, consolidation and transfer of functions provided for by this Part shall take effect and become operative on January 1, 2013.

Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
La. Rev. Stat. § 48:972 — LA Code / Code revised-statutes / Title 48 / Section 972
Exemption from bridge tolls; certain public vehicles
Status: in_force

Any publicly owned vehicles and any vehicle used in connection with or in furtherance of the mass transportation of the general public which is owned and operated by any person, firm, or corporation engaged in a publicly subsidized transit business or which is owned by a public body, shall have free and unhampered passage at all times over toll bridges which cross any river or stream in this state.

Added by Acts 1980, No. 313, §1, eff. July 13, 1980.
La. Rev. Stat. § 48:834 — LA Code / Code revised-statutes / Title 48 / Section 834
Cooperation between subdivisions of state
Status: in_force

All parishes, municipalities, subdivisions, and agencies of the state may enter into agreements with other parishes, municipalities, subdivisions, and agencies of the state for the construction of tunnels, causeways and bridges as provided in this Sub-part. They may appropriate funds, provide grants, servitudes, and rights of way and may cooperate in the construction of the tunnels, causeways, and bridges when deemed to be in the public interest.
La. Rev. Stat. § 48:914 — LA Code / Code revised-statutes / Title 48 / Section 914
Certificates to be valid obligations
Status: in_force

In addition to the security given by the pledge of tolls as set forth in R.S. 48:913, the certificates of indebtedness shall be valid and subsisting obligations of the municipality or parish, or both, as the case may be.
La. Rev. Stat. § 48:1095 — LA Code / Code revised-statutes / Title 48 / Section 1095
Contesting bond issue
Status: in_force

For a period of sixty days from the date of the adoption by the authority of a resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue or the indenture authorized by any such resolution for any cause; after which time no one shall have any cause or right of action to contest the legality of said resolution or indenture or of the bonds authorized thereby for any cause whatsoever. If no suit, action or proceeding is begun contesting the validity of the bond issue within the sixty days herein prescribed, the authority to issue the bonds, the legality thereof and of all the provisions of the resolution authorizing the issuance of the bonds and of any indenture executed to secure the payment thereof, shall be conclusively presumed, and no court shall have authority to inquire into such matters.

Such bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the state of Louisiana.

Acts 1958, No. 526, §5.
La. Rev. Stat. § 48:388 — LA Code / Code revised-statutes / Title 48 / Section 388
State rail freight service assistance
Status: in_force

A. The Department of Transportation and Development is hereby authorized to exercise those powers necessary for the state to qualify for federal rail freight service assistance pursuant to the provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 or any other applicable federal act. The department shall:

(1) Administer and coordinate or modify the state rail plan as required by Federal Public Law 94-210, as amended.

(2) Provide satisfactory assurances on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.

B. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state as provided for in relevant federal legislation. The department may act as the agent in cooperation with any railroad of any local or regional transportation authority, local government units, or any person, and the federal government in any rail freight service assistance program.

C. The department may cooperate with other states in connection with the preservation of any rail freight services within the state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.

D. The department may contract with any person firm, corporation, agency or government to provide, maintain or improve rail freight service within this state.

E. The department is authorized to promulgate rules and regulations consistent with and for the purpose of adequately implementing this act.

F. State funds may be used for financial assistance to any private or public person or corporation, provided the department submits a report to the House and Senate committees on transportation, highways, and public works prior to application for federal funds.

Added by Acts 1979, No. 337, §1, eff. July 10, 1979; Acts 2016, No. 658, §1, eff. June 17, 2016.
La. Rev. Stat. § 48:301 — LA Code / Code revised-statutes / Title 48 / Section 301
Authority to establish and regulate controlled-access facilities
Status: in_force

The highway authorities of the state, parishes and municipalities of Louisiana, acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use whenever they determine that traffic conditions, present or future, justify such special facilities. However, within municipalities, the exercise of this power is subject to such municipal consent as is necessary by law.

In addition to the specific powers granted in this Part, they also have, relative to controlled-access facilities, all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. They may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with R.S. 48:1(12).

Added by Acts 1955, No. 129, §1.
La. Rev. Stat. § 48:1701 — LA Code / Code revised-statutes / Title 48 / Section 1701
Definitions
Status: in_force

The following words and terms shall have the following meaning as used in this Chapter.

(1) "Commission" shall mean the Bi-State Corridor Commission.

(2) "Department" shall mean the Department of Transportation and Development.

(3) "Highway" shall mean a route, which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, as presently located and any improvement or extension thereof within the boundaries of the commission.

(4) "Project" shall mean the construction, expansion, improvement, or extension of a route which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, including the four-lane improvements or any portion thereof within the boundaries of the district; the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, and landscaping relating thereto; and the long-term economic/industrial development and tourism development of the corridor area.

Acts 1991, No. 792, §1, eff. July 19, 1991.
La. Rev. Stat. § 48:2084.14 — LA Code / Code revised-statutes / Title 48 / Section 2084.14
Public-private partnership projects; multimodal transportation facilities
Status: in_force

Notwithstanding any provision of this Chapter, a private entity shall request approval from all responsible public entities and may enter into a pre-development agreement or comprehensive agreement with multiple responsible public entities. Each responsible public entity shall retain its right to approve a private entity proposal for a multimodal transportation facility and the terms of a pre-development agreement or comprehensive agreement to which it becomes a party. Responsible public entities may designate a lead responsible public entity for purposes of determining the process for reviewing the private entity's proposal and negotiating a comprehensive agreement and a pre-development agreement.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:461.13 — LA Code / Code revised-statutes / Title 48 / Section 461.13
Unlawful junkyards; injunction
Status: in_force

Any junkyard which violates the provisions of this Part is hereby declared to be illegal and the department may apply to the court in the parish in which such junkyard is located for an injunction to require compliance with the provisions of this Part.

Added by Acts 1966, No. 474, §1.
La. Rev. Stat. § 48:713 — LA Code / Code revised-statutes / Title 48 / Section 713
Disposal of immovable property
Status: in_force

The governing authority of the parish or municipality shall adopt an ordinance after advertising a summary of said ordinance in the official journal of the parish or municipality at least once three weeks in advance, but not more than ninety days in advance, declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the four methods prescribed in R.S. 48:712.

Acts 1968, No. 432, §2; Amended by Acts 1970, No. 648, §1; Acts 1972, No. 417, §1; Acts 1986, No. 287, §1, eff. June 30, 1986; Acts 1988, No. 258, §1.
La. Rev. Stat. § 48:1615 — LA Code / Code revised-statutes / Title 48 / Section 1615
Participation by local government; alternative methods of financing
Status: in_force

A. Provision for a mass transit system within the area is declared for the purposes of this Chapter to be an essential governmental function and a public purpose of the parishes of St. Charles, St. James and St. John the Baptist.

B. The board and the local governing body of these parishes, subject to such limitations as are hereinafter in this Section set forth, may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to each of the local governments in order to finance the provision for a mass transit system through the joint instrumentality of the authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the authority over a period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such determination shall take the form of a mass transit contract to be entered into between the authority and the local government. The final execution of a mass transit contract shall be completed in every instance in the manner hereinafter set forth in this Section.

C. As one method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a mass transit project or projects, a local government may in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the authority and thereby complete and make final the execution of the proposed mass transit contract anticipated by such bond authorization and issuance and the authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities.

D. As an alternative method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a mass transit project or projects, a local government may enter into mass transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any mass transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs and improvements and additions to the mass transit system, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time.

E. Before a mass transit contract such as is described in Subsection D shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local government voting in a referendum held in accordance with the statutory and constitutional provisions of this state governing elections. If a majority of those voting in such an election vote in favor of the proposition submitted then the mass transit contract as approved shall become valid and binding in accordance with its terms.

F. A local government may elect any method provided in this Section to finance the participation required of it in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary.

G. When the authority and a local government have completed and fully executed a mass transit contract in compliance with the requirements of this Chapter, and the voters shall have approved such contract as herein provided, such contract shall constitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged.

Added by Acts 1976, No. 638, §1.
La. Rev. Stat. § 48:1665 — LA Code / Code revised-statutes / Title 48 / Section 1665
Participation by local government; alternative methods of financing
Status: in_force

A. For the purposes of this Chapter, provision for a rapid transit system within the regional area is declared to be an essential governmental function and a public purpose.

B. Any parish eligible to participate may apply for membership to the board in accordance with rules promulgated by the board. The board, with the approval of the local governing body of each of the participating parishes, subject to the limitations set forth in this Section, shall determine the extent of financial participation and the time or times that such financial participation may be required with respect to each of the local governments in order to finance provisions for a rapid transit system through the joint instrumentality of the authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the authority over a period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such determination shall take the form of a rapid transit contract to be entered into between the authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner set forth in this Section.

C. As one method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may, in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the authority, and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance, and the authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities. D. As an alternative method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may enter into rapid transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service, and to provide for renewals, extensions, repairs, and improvements and additions to the rapid transit system, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time.

E. Before a rapid transit contract such as is described in Subsection D of this Section shall become valid and binding on a local government which is a party thereto, the contract must be approved by a majority of the qualified voters of the local government voting in a referendum held in accordance with the laws governing elections at which propositions are submitted to a vote of the electorate. If a majority of those voting in the election vote in favor of the proposition submitted, the rapid transit contract as approved shall become valid and binding in accordance with its terms.

F. A local government may select any method provided in this Section to finance the participation required of it in whole or in part, and the selection of one method shall not preclude the selection of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary.

G. When the authority and a local government have completed and fully executed a rapid transit contract in compliance with the requirements of this Chapter, and the voters shall have approved the contract as herein provided, the contract shall constitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979; Acts 2024, No. 402, §1, eff. May 28, 2024.
La. Rev. Stat. § 48:1707 — LA Code / Code revised-statutes / Title 48 / Section 1707
Limitations on taxing authority
Status: in_force

No tax, fee, or charge shall be proposed unless and until public notice of the intention to submit such tax, fee, or charge for voter approval is published in the official journal of each parish included within the boundaries of the commission at least thirty days prior to the date on which the board of commissioners shall consider and vote on a resolution calling for said tax election. Such notice must set forth:

(1) A general description of the highway project to be funded through bonds to be serviced by said tax.

(2) The total approximate cost of the highway project.

(3) The portion of the total cost of said highway project which will be funded through revenues of the commission.

(4) The date on which construction is anticipated to begin and the anticipated date of completion.

(5) The date, time, and place of the meeting at which said resolution shall be considered.

Acts 1991, No. 792, §1, eff. July 19, 1991.
La. Rev. Stat. § 48:344 — LA Code / Code revised-statutes / Title 48 / Section 344
Entrances and exits adjacent to highways
Status: in_force

Entrances to and exits from private properties adjacent to the rights-of-way of state highways may be regulated, prohibited, or abolished in the interest of the safety of the traveling public. The chief engineer of the Department of Transportation and Development, from time to time, shall prepare and promulgate descriptions and illustrations of various types and styles of entrances and exits consistent with this purpose and shall issue permits of necessity and convenience for the installation of entrances and exits in accordance with its promulgated regulations and standards. The department may apply to the courts for such process as may be necessary to make the provisions of this Section effective.

Amended by Acts 1977, No. 291, §1; Acts 1992, No. 350, §1.
La. Rev. Stat. § 48:197 — LA Code / Code revised-statutes / Title 48 / Section 197
Motor vehicle license tax; Regional Maintenance and Improvement Fund
Status: in_force

A.(1) Beginning January 1, 2013, through June 30, 2019, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2, the treasurer shall deposit into the Transportation Trust Fund fifty percent of all funds derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa, and St. Tammany.

(2) Beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, and after making the allocation for the New Orleans Ferry Fund pursuant to R.S. 48:25.2, and after making the allocation to the Regional Maintenance and Improvement Fund, the treasurer shall deposit into the Transportation Trust Fund fifty percent of the remaining monies derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa, and St. Tammany.

B.(1) There is hereby created, as a special fund in the state treasury, the Regional Maintenance and Improvement Fund, hereinafter referred to as the "fund". Beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, and after making the allocation for the New Orleans Ferry Fund pursuant to R.S. 48:25.2, the treasurer shall deposit into the fund fifty percent of the remaining monies derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in Jefferson Parish.

(2) The monies in the fund shall be subject to an annual appropriation by the legislature and shall be used only as provided in Paragraph (3) of this Subsection. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.

(3) Monies in the fund shall be appropriated to Jefferson Parish and used exclusively for maintenance and improvements along the Westbank Expressway US 90 Business corridor located in Jefferson Parish, including the operation and maintenance of all lighting previously operated and maintained by the Department of Transportation and Development.

Acts 2012, No. 866, §2, eff. Jan. 1, 2013; Acts 2019, No. 362, §5, eff. June 11, 2019; Acts 2021, No. 315, §1.
La. Rev. Stat. § 48:52 — LA Code / Code revised-statutes / Title 48 / Section 52
Powers of secretary
Status: in_force

The secretary as the executive head of the department shall exercise all of the functions of the department through the departmental organizations provided for by law and to the extent provided by applicable law. Every lawful act of the secretary performed in his official capacity is the act of the department.

Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
La. Rev. Stat. § 48:873 — LA Code / Code revised-statutes / Title 48 / Section 873
Bridge revenue refunding bonds
Status: in_force

Any parish may provide by resolution for the issuance of bridge revenue refunding bonds of the parish for the purpose of refunding any bridge revenue bonds issued under the provisions of this Sub-part and then outstanding. The issuance of the bridge revenue refunding bonds, the maturities, and other details thereof shall be governed by the other provisions of this Sub-part insofar as they apply and by provisions of this Section.

No bridge revenue refunding bonds shall be delivered, unless delivered in exchange for bridge revenue bonds to be refunded thereby, except in the amount necessary to provide for the payment of matured and redeemable bridge revenue bonds or bridge revenue bonds maturing or redeemable including any redemption premium thereon.

No bridge revenue refunding bonds shall be issued, unless issued to refund bridge revenue bonds which have matured or will mature within six months, or are callable, or unless the interest rate of the bridge revenue refunding bonds is at least one-fourth of one per cent less than the interest rate borne by the bridge revenue bonds to be refunded.
La. Rev. Stat. § 48:2099 — LA Code / Code revised-statutes / Title 48 / Section 2099
Public utilities
Status: in_force

A.(1) The commission shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the department for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company, in, on, along, over, or under a project.

(2) Whenever the commission shall determine that it is necessary to relocate, remove, or carry along or across a commission project by grade separation, any public utility facilities presently located in, on, along, over, or under a commission project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the commission; however, the cost and expense of such relocation, removal, or grade separation, including the cost of installing such facilities in a new location or locations, including the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, shall be paid as project costs by the commission.

(3) In case of relocation or removal, the owners or operators of public utility facilities, their successors or assigns, may use and operate said public utility facilities in the new location or locations upon the same terms and conditions enjoyed prior to relocation or removal.

B. Any utility which requests and is permitted to occupy commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.

Acts 2003, No. 893, §1, eff. July 1, 2003.
La. Rev. Stat. § 48:1653 — LA Code / Code revised-statutes / Title 48 / Section 1653
Definitions; terms defined
Status: in_force

For purposes of this Chapter, the following words have the meanings ascribed to them by this Section, except where the context clearly indicates otherwise:

(1) "Authority" means the Regional Transit Authority.

(2) "Board" means the board of commissioners and governing body of the authority.

(3) "Bonds and notes" means bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness authorized to be issued by an authority pursuant to this Act.

(4) "Civil service" means the state civil service system.

(5) "Cost of rapid transit system or project" means the total cost, according to accepted principles of accounting, paid or incurred to study, plan, design, finance, acquire, construct, or otherwise develop the component parts of a rapid transit system or rapid transit project to a normal operating or revenue-producing condition, including any relocation costs and the capitalization of expenses, direct or indirect, paid or incurred, in connection therewith. Without limiting in any way those expenses which may be capitalized as set forth in the preceding sentence, it is understood that such expenses shall include interest which is estimated to accrue on obligations issued by the authority to finance the construction of any rapid transit system or project during the construction period and for six months thereafter and all start-up costs incurred in placing such system or project in operation.

(6) "Executive officer" means the mayor, chief executive officer, parish president, president of a police jury, or any other officer charged with the duties customarily imposed on the mayor or chief executive officer of the parish or municipality.

(7) "Federal government" means the United States of America, or any department, agency, or instrumentality thereof.

(8) "Interparish" means any route or portion of a route within the system; or construction, equipment, and facilities other than as defined in intraparish above.

(9) "Intraparish activity or facility" means any route, within the system, whose origin and destination is situated solely within one parish; any construction, equipment, and facilities situated exclusively within and having direct and predominant impact upon such participating parish. Intraparish activities by way of illustration, may include but are not limited to, standards of service, scheduling, rates, terminals, garages, transit bridges, transit tunnels, carbarns, streetcars, buses, transit rails, transit power plants and sub-stations, parking and other facilities for the comfort, safety, and convenience of transit passengers, rights and licenses therefor.

(10) "Local governing body" means the city council, parish council, police jury, or similar official governing body of a parish or other political subdivision within the metropolitan area.

(11) "Local government" means any one of the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, or such other adjacent parishes as may elect to participate.

(12) "Management class" or "class of position" means a definitely recognized kind of employment designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements that they can fairly and equitably be treated alike under like conditions for all personnel purposes in which the primary duty or responsibility is policy, planning, accounting, administration, clerical, grants management compliance, engineering, finance, security, and technology.

(13) "Parish eligible to participate" shall include the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and any other parish adjacent to a member parish whose local governing body has authorized application for membership in the authority.

(14) "Private transit and operator" means any privately owned and operated transit operation that operates as a private enterprise within the authority's geographic area.

(15) "Public transit revenue operating miles" means the miles which a public transit vehicle travels when in revenue service. A public transit vehicle is in revenue service only when the vehicle is available to the public and there is a reasonable expectation of carrying passengers that either directly pay fares, are subsidized through public policy, or provide payment through some contract arrangement.

(16) "Rapid transit system or project" means a transportation system the primary function of which is to provide a mass transportation service principally by the use of high speed vehicles traveling on rights of way fully protected from other vehicular and pedestrian traffic, a secondary function of which is to provide a feeder-type mass transportation service therefor, and an incidental function of which is to provide facilities necessary thereto and other facilities for the comfort, safety, and convenience of its passengers. A rapid transit project is any transportation project which may contribute to the development or operation of a rapid transit system.

(17) "Regional area" means the jurisdictional area of the authority comprising the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and such other adjacent parishes as may elect to participate, but excluding the territory of any local government which may decline membership on the board or withdraw from the authority as provided in this Chapter.

(18) "Transit project" means any unit, structure, facility, or undertaking in any combination which may be a component part of a transit system.

(19) "Transit system" means all property, real or personal, used in the public ground transportation of passengers for hire except as are exempted in the body of the Act, including but not limited to power plants, sub-stations, lines, poles, and wires, as may be required solely for the operation of the present and future transit system or systems, terminals, garages, transit bridges, transit tunnels, carbarns, streetcars, buses, rails, stations, concessions, off-street parking, and other facilities for the comfort, safety and convenience of transit passengers, rights and licenses therefor.

(20) "Transportation project" means any unit, structure, facility, or undertaking in any combination which may be a component part of a transportation system.

(21) "Transportation related taxes" may include, but not necessarily be limited to gasoline tax, parking tax, licensed vehicle tax based upon vehicle weight or horsepower, or both, airport head tax, and taxicabs tax.

(22) "Transportation system" means all property, real or personal, useful for the public ground transportation of passengers for hire, including but not limited to power plants, substations, terminals, garages, tunnels, subways, elevated rails, aerial structures, monorails, rail motive power, trains, railroad passenger cars and equipment, belt conveyors, inclines, carbarns, streetcars, buses, rails, lines, poles, wires, stations, concessions, off-street parking, and other facilities for the comfort, safety, and convenience of transit passengers, rights and licenses therefor, and rights to provide group and party services.

(23) "Weighted vote" means each vote cast by a member of the authority shall be equal to the percentage of the individual parish's public transit revenue operating miles in relation to the total public transit revenue operating miles operated and controlled by the authority, divided equally among all members appointed by the chief executive officer of that parish. The resulting percentage shall also be allocated to each vote cast by a member in order to determine quorums.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979. Amended by Acts 1980, No. 293, §1, eff. July 13, 1980; Acts 1989, No. 767, §1; Acts 2019, No. 264, §1, eff. June 30, 2019; Acts 2024, No. 402, §1, eff. May 28, 2024.
La. Rev. Stat. § 48:2177 — LA Code / Code revised-statutes / Title 48 / Section 2177
Conflict of interest; ethics code
Status: in_force

Any compact created pursuant to this Chapter, and all directors and officers thereof, shall be subject to the Code of Governmental Ethics (R.S. 42:1101 et seq.).

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:93 — LA Code / Code revised-statutes / Title 48 / Section 93
Consulting engineers; quarterly reports
Status: in_force

A. On the first day of each quarter of the fiscal year, October first, January first, April first, and July first, the department shall provide to the Joint Committee on Transportation, Highways and Public Works a report of all contracts between the department and consulting engineers.

B. Such report shall include the following information for each contract:

(1) The name of the engineer or engineering firm.

(2) The amount of the contract.

(3) The source of funds for the contract.

(4) The purpose of the contract.

(5) The status of the contract.

(6) The anticipated completion date of the contract.

Acts 1995, No. 317, §1; Acts 2001, No. 1032, §16.
La. Rev. Stat. § 48:443.1 — LA Code / Code revised-statutes / Title 48 / Section 443.1
Minable minerals
Status: in_force

Before exercising the rights of expropriation provided for in this Part, the state or any of its departments, except the Department of Transportation and Development, offices, boards, commissions, agencies, or instrumentalities, except political subdivisions but specifically including levee districts and their boards, shall, upon request of the owner whose property is to be taken, provide the owner with the results of tests by the Louisiana Geological Survey that show whether or not sand or gravel is present in the property. The test shall be done at no cost to the property owner.

Acts 1991, No. 1030, §2.
La. Rev. Stat. § 48:288 — LA Code / Code revised-statutes / Title 48 / Section 288
Audit requirements
Status: in_force

A. Any consulting firm doing business with the department shall maintain accounting records which segregate job costs as prescribed by the department's audit section. Negotiated contracts may require a pre-award audit. Post audits may also be required. Predetermined fee contracts may be audited during the course of the contract, or within three years of final contract payment.

B. Any consultants doing business with the department shall be required to submit to the department audit assurance as set forth in the "Consultant Contract Services Manual", except that consultants doing business with the Louisiana Transportation Research Center shall comply with its "Manual of Research Procedures". Guidance may also be obtained from the audit section of the department.

C. Contracts entered into with the department may specify a manpower relationship which the consultant will be expected to maintain. For engineering contracts, this relationship shall be based on the total of the estimated engineering, supervision, and principal man-hours expressed as a percentage of the total estimated man-hours in all salary classifications. The department shall monitor this relationship by means of the consultant's progress schedules, invoices, or audits.

Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
La. Rev. Stat. § 48:1309.1 — LA Code / Code revised-statutes / Title 48 / Section 1309.1
Service charge authorized for Consolidated Road Lighting District Number One of East Baton Rouge Parish; assessment and collection
Status: in_force

A. The governing authority of Consolidated Road Lighting District Number One of East Baton Rouge Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed persons owning parcels of immovable property located wholly or partly within the boundaries of the road lighting district, subject to the provisions of Subsection B of this Section. For purposes of this Section, "parcel" shall mean a lot, a subdivided portion of ground, or an individual tract. Such service charges or rates of service charges may be based upon the proportion which the front footage of each parcel bears to the total front footage of all parcels. Such service charges or rates of such service charges shall be framed so as to cover and shall be used for the costs of any and all road lighting services including but not limited to the following:

(1) Payment of utility charges incurred in the provision of road lighting.

(2) Maintenance and operation of road lighting district facilities and equipment.

(3) Cost of collection of service charges pursuant to Subsection C of this Section.

B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the road lighting district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment, its duration, and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at a time authorized by the provisions of R.S. 18:402.

C. Service charges assessed as provided in this Section shall be carried on the tax rolls for East Baton Rouge Parish and shall be added to the annual ad valorem tax bills of persons owning parcels in the district. Such service charges shall be collected and shall become due and delinquent at the same times as parish ad valorem taxes are collected and become due and delinquent. The sheriff of East Baton Rouge Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. The governing authority of the road lighting district shall reimburse the sheriff of East Baton Rouge Parish an amount equal to five percent of the amount of such service charges actually collected from property owners. This collection charge shall be in addition to such service charges and shall also be added to the ad valorem tax bill of the property involved.

Acts 1989, No. 150, §1.
La. Rev. Stat. § 48:461.17 — LA Code / Code revised-statutes / Title 48 / Section 461.17
Outdoor advertising devices on Interstate 10 in the Atchafalaya River Basin Area; prohibited
Status: in_force

Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 10 between the West Atchafalaya Basin Protection Levee and the East Atchafalaya Basin Protection Levee.

Added by Acts 1973, No. 129, §1.
La. Rev. Stat. § 48:2022 — LA Code / Code revised-statutes / Title 48 / Section 2022
Creation of authorities; jurisdiction
Status: in_force

A. Any parish or municipality, or two or more contiguous parishes, municipalities, or any combination of contiguous parishes and municipalities are hereby authorized to form and incorporate an authority pursuant to and in accordance with the Louisiana Nonprofit Corporation Law (R.S. 12:201 et seq.). Each parish or municipality shall adopt an ordinance approving the drafting and execution of the articles of incorporation of such authority and shall act as an incorporator of the authority. The articles of incorporation shall be drafted and filed with the Louisiana secretary of state in accordance with the Louisiana Nonprofit Corporation Law, and shall also be filed in the official records of each parish within the territory of the authority so created.

B. Any authority created pursuant to this Chapter shall be a nonprofit corporation organized in accordance with the provisions of the Louisiana Nonprofit Corporation Law. In the event of any conflict between the provisions of this Chapter and the Louisiana Nonprofit Corporation Law, the provisions of this Chapter shall control. Any such authority created pursuant to this Chapter shall be considered and treated as a body politic and corporate established for the public purposes enumerated herein.

C. The boundaries of the authority shall be coextensive with the territorial boundaries of the parish or parishes or municipality or municipalities which establish such authority. The authority shall have the power to adopt bylaws containing such terms and provisions as the directors of the authority shall deem necessary or convenient to further carry out its purposes, provided that nothing therein may contravene any of the provisions of this Chapter.

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:459 — LA Code / Code revised-statutes / Title 48 / Section 459
Devolutive appeal; effect of appeal
Status: in_force

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

Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:831 — LA Code / Code revised-statutes / Title 48 / Section 831
Authority to construct, acquire, and operate
Status: in_force

In addition to the powers now possessed by it, any parish or municipality may construct, acquire, improve, operate, and maintain tunnels, causeways, bridges, or any combination of such facilities, including all necessary approaches, fixtures, accessories, and equipment, in, over, through, or under the waterways of the state, the Gulf of Mexico, or any lakes, canals, bayous, bays, or inlets within the state or opening thereinto, and may pay the cost of such construction, acquisition, or improvement.
La. Rev. Stat. § 48:235 — LA Code / Code revised-statutes / Title 48 / Section 235
Adopt-a-road program
Status: in_force

A. The department is authorized to develop a program to be known as "adopt-a-road", whereby a business or a private civic organization may adopt a section of state-maintained highway, interstate highway, or interstate highway interchange for the sole purpose of controlling litter along that section of highway, interstate highway, or interstate highway interchange. The department may also enter into cooperative endeavor agreements to effectuate the purposes of this Section. Included in the responsibilities of any business or private civic organization which chooses to participate in the program shall be the following:

(1) Development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of highway.

(2) A general cleanup of the area at least twice a year.

(3) Assistance to the department in securing media coverage for the program.

B. The department shall also develop a program whereby a business or private civic organization may adopt the median of a portion of a state-maintained highway inside a municipality. The business or private civic organization shall control litter, cut grass, maintain existing shrubs and trees, and trim curbs. It may also plant flowers and additional plants if approved by the department. The adoption of these areas shall be for a period of at least one year.

C. Any organization which adopts an interstate highway interchange shall conduct its general cleanup of such areas only when escorted by a municipal or parish law enforcement officer or other person approved by the department.

D. Any parish or municipality which maintains a portion of the green space along a state-maintained highway, interstate highway, or interstate highway interchange may place a sign identifying the parish or municipality upon approval of the department.

E. Any parish or municipality which has a parkway adoption program may place a sign identifying an organization, business, department of government, or individual that adopts a section of state-maintained highway, interstate highway, or interstate highway interchange upon approval of the department.

F. The department shall promulgate rules and regulations to implement the provisions of this Section.

Acts 2008, No. 89, §1, eff. June 5, 2008.
La. Rev. Stat. § 48:1099 — LA Code / Code revised-statutes / Title 48 / Section 1099
Tax exemption
Status: in_force

The exercise of the power granted by this Part will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of bridges and ferries by the authority will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon any bridge or ferry or any property acquired or used by the authority under the provisions of this Part, or upon the income therefrom, and any bridge or ferry or other property acquired or used by the authority under the provisions of this Part and the income therefrom, and the bonds issued under the provisions of this Part and the income therefrom shall be exempt from taxation by the state of Louisiana and by any parish, municipality or political subdivision of the state.

Acts 1958, No. 526, §9.
La. Rev. Stat. § 48:447 — LA Code / Code revised-statutes / Title 48 / Section 447
Contesting validity of taking; waiver of defenses
Status: in_force

A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public purpose or on the ground that the petition and attached exhibits do not satisfy the provisions contained in R.S. 48:442 through 444 may file a motion to dismiss the suit within twenty days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be decided prior to fixing the case for trial.

B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation.

Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.
La. Rev. Stat. § 48:453 — LA Code / Code revised-statutes / Title 48 / Section 453
Measure of compensation; burden of proof; extent of loss
Status: in_force

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

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

C. The owner shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to secure a mortgage on another owner-occupied residence of equal value.

D. The defendant shall present his evidence of value first.

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

Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1976, No. 391, §1, eff. Oct. 1, 1976; Acts 1983, No. 33, §2; Acts 1988, No. 882, §1.
La. Rev. Stat. § 48:251 — LA Code / Code revised-statutes / Title 48 / Section 251
Contracts for projects
Status: in_force

A. All projects for the construction or maintenance of, or improvements to, highways or other public facilities under the control of or advertised and let by the Department of Transportation and Development shall, except as otherwise provided in this Part, be undertaken only under contract.

B. Every contract exceeding the contract limit, as defined in this Subsection, for construction, maintenance, or improvement of a department facility under the provisions of this Part shall be made in the name of the department and shall be signed by the secretary of the Department of Transportation and Development or his duly appointed designee and by the contracting party. The contract limit for this Part is hereby defined to equal one million dollars. No contract shall be entered into nor shall any work be authorized which will create a liability on the part of the state in excess of the funds available or which will be available for the project.

C. Every contract for the construction of or improvements to highways shall include a warranty by the contractor as to the quality of materials and workmanship for a duration of one year.

D. There shall be established by the Department of Transportation and Development a cash management plan which shall to the greatest extent possible effectively and efficiently utilize the funds appropriated or otherwise made available to the department to assure the timely construction of projects. The department shall submit a report on its implementation of the cash management plan to the House and Senate Committees on Transportation, Highways and Public Works and to the Joint Legislative Committee on the Budget no later than July 1, 1998.

Amended by Acts 1977, No. 291, §1; Acts 1997, No. 555, §1, eff. July 3, 1997; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1997, No. 1329, §1; Acts 1998, 1st Ex. Sess., No. 161, §3, eff. May 7, 1998; Acts 2001, No. 563, §1; Acts 2007, No. 386, §1, eff. July 1, 2007; Acts 2023, No. 8, §1; Acts 2025, No. 380, §1.
La. Rev. Stat. § 48:255.8 — LA Code / Code revised-statutes / Title 48 / Section 255.8
A+B bidding; authority
Status: in_force

A. The legislature declares it to be in the public interest that in order to increase efficiency and expediency in the construction of state highways, the Department of Transportation and Development may employ the A+B bidding method for road and highway construction projects or other best project delivery method practices.

B. Notwithstanding any other provision of law to the contrary, on or after July 1, 2025, the department shall evaluate use of the A+B bidding method for projects meeting one or more of the following criteria:

(1) The project is located on a roadway with average daily traffic greater than twenty thousand.

(2) The estimated time to complete the project is greater than three hundred sixty-five calendar days.

(3) The estimated cost to construct the project is greater than ten million dollars.

(4) The project will be constructed in multiple phases.

C. For purposes of this Section, "A+B bidding" means the cost-plus-time bidding method where the total bid is the sum of the traditional contract unit price items "A" and the estimated time to complete the project "B", with the lowest combined total determining the winning bid.

Acts 2025, No. 337, §1, eff. June 11, 2025.
La. Rev. Stat. § 48:265 — LA Code / Code revised-statutes / Title 48 / Section 265
Laboratory
Status: in_force

The department shall establish, operate, and maintain a laboratory for such research activities as are of interest to the functions of the department and for the routine sampling, inspection, examination, analysis, and testing of:

(1) The quality of materials, commodities, and supplies, in place or severed, employed or involved in any operation of the department; and

(2) The accuracy, efficiency, and appropriateness of processes, equipment, and devices related to the business and duties of the department.

This laboratory may undertake work of a like nature for other departments of the state at cost when that work is not of such a volume as to interfere with the work of the Department of Transportation and Development when the other departments have not employed consulting engineers or architects whose employment contracts require them to make the tests.

The making of a ruling or opinion in connection with any work other than the work of the Department of Transportation and Development or the undertaking of any work in competition with engineers in private practice or with commercial laboratories is expressly prohibited.

The methods and procedures in the laboratory and the equipment, machinery, and devices employed in its operations shall be patterned upon and as consistently as possible conform to the standards as established by the American Society of Testing Materials, the American Association of State Highway Officials, and the Bureau of Public Roads as approved by the chief engineers of the offices of the Department of Transportation and Development.

Amended by Acts 1962, No. 485, §1; Acts 1977, No. 291, §1.
La. Rev. Stat. § 48:833 — LA Code / Code revised-statutes / Title 48 / Section 833
Expropriation; grant of rights of way by state
Status: in_force

Parishes or municipalities proceeding under this Sub-part may enter on any lands, waters, and premises for the purpose of making surveys, soundings, and examinations. If deemed advisable, any such parish or municipality may exercise the right of expropriation and may institute condemnation proceedings under the provisions of the general laws providing for the construction and maintenance of highways and bridges in Louisiana or of any other pertinent general law of Louisiana for the purpose of acquiring any property to be used in connection with such construction. In any condemnation suit, the court having jurisdiction may issue such orders as are just to the parish, municipality, state and owners of the property to be condemned. Upon the institution of any such condemnation proceedings and upon tender of a bond or other security in sufficient sum to secure the owner or owners for damages and upon approval of the bond or other security by the court, the parish or municipality may take immediate possession of the property which is the subject matter of the condemnation proceedings and may enter thereon.

The State of Louisiana hereby expressly grants to any such parish or municipality full servitudes and rights of way in, through, across, and under or over any lands or property owned by the state which are necessary or convenient to the construction, acquisition, or efficient operation of any such causeways, tunnels, bridges, or combination thereof.
La. Rev. Stat. § 48:1259 — LA Code / Code revised-statutes / Title 48 / Section 1259
Eminent domain proceedings
Status: in_force

The authority is hereby granted the power of eminent domain and proceedings therefor may be instituted and conducted by the authority as is prescribed by R.S. 48:441 through 460 for the expropriation of property by the Department of Transportation and Development. The petition to be filed for the expropriation shall contain the allegations required by R.S. 19:2.1 and shall have annexed thereto a certified copy of a statement adopted by the authority declaring that the taking is necessary or useful for highway purposes, that the location and design of the proposed highway improvement are in accordance with the best modern practices adopted in the interest of safety and convenience of the traveling public and containing a statement of the amount of money estimated to be just and adequate compensation for the taking and, stated separately, an estimate of the amount of damages. The estimate of just and adequate compensation for the taking and the estimate of damages shall be based on a determination by two disinterested realtors living in the vicinity of the improvement and the statement of the authority shall state their names and qualifications. All other procedures for the expropriation shall be as provided in R.S. 48:441 through 460, and references in such Sections to the Department of Transportation and Development, for the purposes hereof, shall be deemed to be references to the authority.

Acts 1954, No. 232, §9. Amended by Acts 1970, No. 247, §1; Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:2023 — LA Code / Code revised-statutes / Title 48 / Section 2023
Liability
Status: in_force

Neither the state nor any state agency, parish, municipality, district, or any other political subdivision or other public entity shall be subject to any claims, liabilities, costs, expenses, or causes of action for any personal injury or damage to property arising out of the construction, operation, or maintenance of any project, or which may happen to occur on any tollway, if such incident giving rise thereto occurs prior to transfer and reversion of ownership of any project from an authority created hereunder to the state or appropriate parish or municipality in accordance with the provisions of this Chapter. Should any suit or other action be filed against an authority created hereunder prior to reversion of a project, such reversion shall be effected as provided in this Chapter but the authority so joined by such action shall continue in existence as provided in R.S. 48:2036(A). No individual member, officer, director, or employee of an authority shall be liable personally for any such claims, liabilities, costs, expenses, or causes of action in any event.

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:885 — LA Code / Code revised-statutes / Title 48 / Section 885
Contracts for use of bridges for pipe lines and electric lines
Status: in_force

The governing authority of the parish may contract with any person desiring the use of any bridge or any part thereof for placing thereon water, gas, or oil pipelines; telephone, telegraph, electric light, or power lines; railroad or street railway tracks; or for any other purpose. It may fix the terms, conditions, rates, and charges for that use.
La. Rev. Stat. § 48:2188 — LA Code / Code revised-statutes / Title 48 / Section 2188
Chapter supplemental; liberal construction
Status: in_force

The powers and rights conferred by this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other general laws, and shall not be regarded as in derogation of any powers now existing. This Chapter does and shall be construed to provide a complete and additional method for the issuance of bonds. No proceeding, hearing, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided herein. The provisions of this Chapter shall be liberally construed for the accomplishment of its purposes.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:451.21 — LA Code / Code revised-statutes / Title 48 / Section 451.21
General verdict accompanied by answer to interrogatories; objection
Status: in_force

A.(1) The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict.

(2) When the general verdict and the answers are harmonious, the court shall direct the entry of the appropriate judgment upon the verdict and answers.

(3) When the answers are consistent with each other, but one or more is inconsistent with the general verdict, the court may direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or may return the jury for further consideration of its answers and verdict, or may order a new trial.

(4) When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, the court shall not direct the entry of judgment, but may return the jury for further consideration of its answers or may order a new trial.

B. At any time prior to argument, a party may file written requests that the court submit to the jury written interrogatories as set forth in this Section. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury.

A party may not assign as error the submission or failure to submit a written interrogatory unless he objects thereto before the jury retires to consider its verdict, stating specifically the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:2084.15 — LA Code / Code revised-statutes / Title 48 / Section 2084.15
Public-private partnership projects; limitations; port facilities
Status: in_force

Nothing in this Chapter shall be construed to limit, restrict, or prevent the ability of any port authority, port, harbor and terminal district, or the offshore terminal authority, to construct, maintain, operate, expand, or create any facility within its jurisdiction or other areas within which such entity is authorized to act. If any property or facility of the authority or of any private entity authorized to act in accordance with the provisions of this Chapter is to be located within the jurisdiction of an existing port commission, port, harbor and terminal district, or the offshore terminal authority, the mutual written agreement of such entity shall be required before the authority approves the transportation facility.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:461.9 — LA Code / Code revised-statutes / Title 48 / Section 461.9
Limitations of junkyards
Status: in_force

No person shall establish, operate or maintain a junkyard any portion of which is within one thousand feet of the nearest edge of the right of way of any interstate or primary highway, except the following:

(1) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highway, or otherwise removed from sight.

(2) Those located within areas which are zoned for industrial use under authority of law.

(3) Those located within unzoned areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the department.

(4) Those which are not visible from the main-traveled way of such highway.

Added by Acts 1966, No. 474, §1.
La. Rev. Stat. § 48:893 — LA Code / Code revised-statutes / Title 48 / Section 893
Cooperation with political subdivisions in this and adjoining states; assumption of jurisdiction by Department of Highways
Status: in_force

Any parish operating under this Sub-part may cooperate with any political subdivision or agency of this state, or of an adjoining state in which a part of the bridge is or may be situated, in the acquisition, construction, improvement, operation, and maintenance of any bridge and in defraying the costs thereof. To this end, the parish may enter into any proper contract with any such political subdivision or agency, and two or more parishes may jointly issue revenue bonds as authorized in this Sub-part and create or establish a commission to accomplish the objective thereof, said commission to be composed and have such powers and authority as the parishes may deem advisable and may delegate to it, not contrary to law.

When the bonds issued, under the authority of this Sub-part, for any bridge and the interest thereon have been paid in full or sufficient funds have been deposited in trust for that purpose, and the bridge is in a condition of maintenance satisfactory to the Department of Highways of the state of Louisiana, or its successor, said department, or its successor, may at its sole option assume jurisdiction and control of the bridge, which will then become part of the state highway system of Louisiana and be subject to maintenance, control and operation, as an integral part of the state highway system. Thereafter, the collection of tolls, if any, shall be governed by the provisions of R.S. 48:886. Nothing herein contained, however, shall be construed as making the aforesaid assumption of jurisdiction and control mandatory.

Amended by Acts 1954, No. 664, §6.
La. Rev. Stat. § 48:275 — LA Code / Code revised-statutes / Title 48 / Section 275
Historic bridges and other structures
Status: in_force

No bridge, highway, or roadway structure in the state maintained system shall be nominated for inclusion or placed in the National Register of Historic Places or otherwise designated as a permanent fixture not subject to removal or destruction without prior written approval from the secretary of the Department of Transportation and Development.

Added by Acts 1982, No. 814, §1, eff. Aug. 4, 1982; Acts 1998, 1st Ex. Sess., No. 43, §1, eff. April 24, 1998.
La. Rev. Stat. § 48:876 — LA Code / Code revised-statutes / Title 48 / Section 876
Expenses of indenture part of cost
Status: in_force

All expenses incurred in carrying out a trust indenture may be treated as a part of the cost of maintenance and operation of the bridge or bridges affected by the indenture.
La. Rev. Stat. § 48:856 — LA Code / Code revised-statutes / Title 48 / Section 856
Title to expropriated property; no obligation to take; security may be required from parish
Status: in_force

No parish is under any obligation to accept and pay for any property condemned or any costs incidental to any expropriation proceedings and shall not pay these except from funds provided by this Sub-part. In any such proceedings, the court may make any orders which are just to the parish and to the owners of the property to be expropriated or condemned and may require an undertaking or other security to secure owners against any loss or damage which might be sustained by reason of the failure of the parish to accept and pay for the property. However, this security shall impose no liability upon the parish except such as may be paid from the funds provided under the authority of this Sub-part.
La. Rev. Stat. § 48:222 — LA Code / Code revised-statutes / Title 48 / Section 222
Acquisition of natural deposits; when allowed
Status: in_force

The department may acquire by purchase, lease, donation, or expropriation and may operate any gravel bed, fill or rock deposit, marble or granite quarry, or land from which earth can be obtained, or other natural resources or deposits susceptible of being used for the construction or maintenance of state highways or bridges, if the needs of the state in the construction and maintenance of highways will be best served by the acquisition.
La. Rev. Stat. § 48:255.3 — LA Code / Code revised-statutes / Title 48 / Section 255.3
Contract contrary to provisions of this Part void
Status: in_force

Any contract entered into for the construction or maintenance of public works contrary to the provisions of this Part shall be null and void.

Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:1820 — LA Code / Code revised-statutes / Title 48 / Section 1820
Advice and services of state departments
Status: in_force

State departments and agencies, particularly the Department of Transportation and Development, the Department of Culture, Recreation and Tourism, and the Department of Wildlife and Fisheries, are authorized to provide such advice and services to the board of commissioners as will, in the opinion of the respective department secretary or agency head, tend to achieve the objectives of this Chapter.

Acts 1995, No. 539, §1.
La. Rev. Stat. § 48:257 — LA Code / Code revised-statutes / Title 48 / Section 257
Participation of federal government in construction work
Status: in_force

The department may enter into agreements with federal agencies to encourage the participation of those agencies in the joint construction of Department of Transportation and Development projects and the department may sponsor such projects. Except for the provisions of the last paragraph of R.S. 48:251, the provisions of R.S. 48:251 through 48:256 do not apply to such agreements.

Where agreements are entered into with federal agencies for the construction of state highways, parish roads or other projects of the Department of Transportation and Development, these projects may be undertaken by any means permissible under federal regulations.

Amended by Acts 1977, No. 291, §1; Acts 1997, No. 1112, §4.
La. Rev. Stat. § 48:451.11 — LA Code / Code revised-statutes / Title 48 / Section 451.11
Time for peremptory challenge
Status: in_force

After the entire jury has been accepted and sworn, no party has the right to challenge peremptorily.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:1706 — LA Code / Code revised-statutes / Title 48 / Section 1706
General compliances; enhancement
Status: in_force

No provisions of this Chapter shall be construed so as to exempt the commission from compliance with the provisions of Louisiana laws pertaining to open meetings, public records, fiscal agents, official journals, dual officeholding and employment, public bidding for the purchase of supplies and materials, and the Code of Governmental Ethics.

Acts 1991, No. 792, §1, eff. July 19, 1991.
La. Rev. Stat. § 48:1702 — LA Code / Code revised-statutes / Title 48 / Section 1702
Creation of commission; territorial jurisdiction
Status: in_force

A. The Bi-State Corridor Commission is hereby created. The jurisdiction of the commission shall be comprised of all territory within the geographical boundaries of the parishes of Bienville, Red River, Sabine, and Webster.

B. The commission shall not have the power or authority to contract for or perform any of the work involved in the construction of any highway project. Such work shall be performed by or through the authority of the department.

Acts 1991, No. 792, §1, eff. July 19, 1991.
La. Rev. Stat. § 48:91 — LA Code / Code revised-statutes / Title 48 / Section 91
Qualifications; compensation; oath; bond
Status: in_force

A. A chief engineer, a maintenance and operations engineer, and such other engineers as are found necessary by the secretary shall be appointed. The chief engineer shall be a competent engineer of recognized ability and standing, experienced in highway construction and maintenance, and shall be licensed to practice civil engineering in Louisiana. Both the chief engineer and the maintenance and operations engineer shall give their whole time to the duties of their offices.

B. The chief engineer and the maintenance and operations engineer shall receive annual salaries fixed by the secretary, payable monthly out of the funds as shall be appropriated therefor, and shall be allowed their actual and necessary traveling expenses incurred in the discharge of their official duties.

C. Before entering upon the duties of his office, each shall take the prescribed oath and give bond to the governor in the sum of ten thousand dollars, conditioned upon the faithful performance of his duties. These bonds shall be approved by the governor and filed with the secretary of state.

Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §1, eff. July 11, 1979.
La. Rev. Stat. § 48:224 — LA Code / Code revised-statutes / Title 48 / Section 224
Abandonment of highway; sale by department; acquisition by governing authority; ratification
Status: in_force

A. When the secretary determines that certain sections of the state highway system cease to be used by the public to the extent that the original public purpose is no longer being served, he may by appropriate declaration, accompanied by a plat or sketch duly recorded in the parish where the property is located, declare that the highway is to be abandoned.

B. Prior to declaring the abandonment of a highway or highway section, the secretary shall send notice to the governing authority or authorities as well as all public utilities with recorded right-of-way agreements or permits and/or recorded holders of right-of-way permits affected by such abandonment through which the highway or highway section passes, of his intention. The secretary shall also send notice to each member of the legislature in whose district the highway or highway section is located. The governing authority or authorities shall indicate a willingness and desire to accept the highway or highway section proposed to be abandoned and to operate and maintain the highway as part of the governing authority's system and shall issue a resolution stating the conditions of the acceptance.

C. If the governing authority or authorities are unwilling to accept and maintain the highway or highway section to be abandoned, or in the event of the abandonment of any property acquired and used for right-of-way purposes, the realignment of which has been changed so as to make the right-of-way no longer needed for the original purpose, the secretary may at his discretion dispose of the property at either public or private sale. Private sale shall be limited to the original vendor of the property or his successors in title. If the sale is to the original vendor of the property, the consideration for the private sale shall be the original cost to the department or its appraised market value, whichever is greater. If the sale is to the successors in title to the original vendor, the consideration for the private sale shall be the present appraised value. If sold, notice of abandonment of the roadway shall be posted in accordance with Subsection E of this Section. If the property cannot be sold at either public or private sale, then abandonment may be accomplished as provided in Subsection E of this Section or transferred to the Department of Conservation and Energy, state lands section.

D. However, nothing in this Section nor in Section 221 shall be construed as requiring the department to abandon or sell any property or property right, especially where local service or frontage roads, or the closing or portions of lanes in multilane highways are concerned. Further, where the secretary determines there is no market for any area owned by the department or over which it has a servitude, that portion may be abandoned in accordance with the general laws of the state.

E. When the governing authority or authorities are unwilling to accept and maintain the highway or highway section to be abandoned and the department has only a servitude, abandonment by the department by providing proper legal notice, recordation of the declaration of abandonment as provided herein and posting of adequate signs shall constitute abandonment. The department shall have no further obligation or liability in connection with the servitude.

F. Abandonment of highways or highway sections previously made to public entities other than parish governing authorities are hereby ratified.

Amended by Acts 1977, No. 291, §1; Acts 1980, No. 536, §1; Acts 1985, No. 489, §1; Acts 1992, No. 349, §1, eff. June 17, 1992; Acts 2001, No. 1032, §16; Acts 2023, No. 150, §19, eff. Jan. 10, 2024.
La. Rev. Stat. § 48:717 — LA Code / Code revised-statutes / Title 48 / Section 717
Private sale
Status: in_force

If the governing authority decides to dispose of any of said property at private sale, it shall have the property appraised by an expert appraiser or appraisers appointed by the authority and the property shall not be sold for less than the value so established.

Added by Acts 1970, No. 648, §2. Amended by Acts 1972, No. 417, §1.
La. Rev. Stat. § 48:1666 — LA Code / Code revised-statutes / Title 48 / Section 1666
Taxing power
Status: in_force

Subject to the conditions contained in §1664, each local government may, upon voter approval, levy and collect any taxes authorized under the constitution or laws of this state to fulfill bond obligation or obligations incurred in a rapid transit contract or a contract or contracts with the authority. The authority is hereby authorized to participate in any new or additional tax related to transit or transportation, or both, that may be imposed in the future by the legislature; however, the proceeds from any such statewide tax will be prorated to all parishes in the state on a population formula for use by said parishes for transit or transportation purposes, or both.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
La. Rev. Stat. § 48:1351 — LA Code / Code revised-statutes / Title 48 / Section 1351
Responsibility for administration vested in governor
Status: in_force

A. The governor, in addition to the other duties and responsibilities vested in him by the constitution and laws of this state, shall be responsible for the administration of highway safety programs in this state in conformity with the Highway Safety Act of 1966, enacted by the Congress of the United States of America as Public Law 89-564. He may contract and do all other things necessary to secure the full benefits available to this state under the provisions of the Highway Safety Act of 1966. In furtherance of such purpose the governor also may cooperate with state, local and federal agencies, with private and public organizations and with individuals to the extent necessary to effectuate the purposes of that law and any amendments thereto.

B. The governor may administer and carry out all programs of highway safety vested in him and all matters pertaining thereto through the Louisiana Highway Safety Commission; provided that all such programs for the state and its political subdivisions shall be administered in accordance with the provisions of the Highway Safety Act of 1966 and amendments thereto and such federal rules and regulations as may be adopted in implementation thereof.

Acts 1968, No. 275, §1.
La. Rev. Stat. § 48:268 — LA Code / Code revised-statutes / Title 48 / Section 268
Tampering with trees or shrubs
Status: in_force

The felling, topping, or pruning of trees or shrubs to accommodate, operate, or maintain any installation on the right of way, without the prior written approval of the secretary or his representative, is prohibited. The secretary may use his discretion in the granting of this approval.

Amended by Acts 1977, No. 291, §1.
La. Rev. Stat. § 48:1270 — LA Code / Code revised-statutes / Title 48 / Section 1270
Bonds eligible for investment
Status: in_force

Bonds issued by the authority under the provisions of this Chapter are hereby made securities in which all public officers and public bodies of the state, parishes, other political subdivisions, cities or towns, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control.

Acts 1954, No. 232, §20.
La. Rev. Stat. § 48:2192 — LA Code / Code revised-statutes / Title 48 / Section 2192
Classification of carriers
Status: in_force

A company or a driver shall not be considered a common carrier, contract carrier, or motor carrier, and shall not provide taxi or for hire vehicle service. In addition, a driver shall not be required to register the vehicle that the driver uses to provide prearranged rides as a commercial motor vehicle or a for hire vehicle.

Acts 2019, No. 286, §2, eff. July 1, 2019.
La. Rev. Stat. § 48:594 — LA Code / Code revised-statutes / Title 48 / Section 594
Custody of liquidation bonds; exchange of district bonds for liquidation bonds
Status: in_force

When the liquidation bonds have been prepared they shall be lodged with the State Treasurer. Any holder of a district bond may, upon surrendering the bond to the State Treasurer, receive in substitution therefor the corresponding liquidation bond. Until so exchanged the liquidation bonds shall, until they mature, continue in the possession of the State Treasurer.
La. Rev. Stat. § 48:394 — LA Code / Code revised-statutes / Title 48 / Section 394
Private crossing elimination
Status: in_force

A.(1) Any railroad company operating in this state which desires to close or remove a private crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, provide a written request by registered or certified mail to the Louisiana Public Service Commission and to the owner or owners of record of the private crossing traversed by the rail line. The written request shall state the manner in which such private railroad crossing unreasonably burdens or substantially interferes with rail transportation.

(2) The Louisiana Public Service Commission shall publish the written request from the railroad company in the commission's official bulletin for no less than twenty-five days.

B. No private crossing shall be closed or removed by any railroad company until after a public hearing by the Louisiana Public Service Commission at which parties in interest have had an opportunity to be heard. Notice of the time and place of the hearing shall be published in the official journal of the parish and the commission's official bulletin and at least fifteen days shall elapse between the publication and the date of the hearing. In addition to notice by publication, and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of record of the property where the private crossing is located shall be made by the commission by sending an official notice by registered or certified mail of the time and place of the hearing to the address or addresses indicated in the mortgage and conveyance records of the parish. The public hearing shall be held not less than sixty days after receipt of request of the railroad company as provided in Subsection A of this Section.

C. If, after such public hearing, the commission determines that the private railroad crossing unreasonably burdens or substantially interferes with rail transportation, the commission shall publish in the official journal of the parish where such crossing is located and in the commission's official bulletin a notice stating the manner in which such closure or removal shall be made and the date of such.

D. The provisions of this Section shall not apply when a private landowner or landowners and a railroad company enter into a consensual or negotiated written agreement or agreements to close a private railroad crossing.

Acts 2008, No. 530, §1; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:872 — LA Code / Code revised-statutes / Title 48 / Section 872
Mortgage foreclosure; right of purchaser to franchise
Status: in_force

Any mortgage granted under this Sub-part may be foreclosed by seizure and sale of the encumbered property, in the manner provided by law for the foreclosure of conventional mortgages, including the right to executory process.

Any resolution adopted or mortgage or trust indenture entered into under the provisions of this Sub-part shall provide for the granting by the governing authority of the parish of a franchise to the purchaser at foreclosure sale for the operation of the bridge mortgaged or indentured. This franchise shall run for a period of not more than forty years from the date of the sale and shall be subject to any other constitutional or statutory limitations pertaining to the granting of municipal franchises.
La. Rev. Stat. § 48:291 — LA Code / Code revised-statutes / Title 48 / Section 291
Selection procedure; evaluation teams
Status: in_force

A. Except for research projects, an evaluation team consisting of five department personnel shall evaluate the qualifications of the responding consultant firms. The consultant contract services administrator, or his authorized designee, shall serve as chairman of the evaluation team. The consultant contract services administrator, or his authorized designee, shall select evaluation team members from department personnel who possess experience and qualifications relevant to services to be performed for the project. In addition other persons as determined by the chairman may be called for informational purposes. At least three members of the selected team shall evaluate the qualifications of responding consultants. The consultant contract services administrator, or his designee, serves ex officio and does not evaluate the responding consultant firms. The consultant contract services administrator, or his designee, shall report the results of the evaluation team members to the secretary for all projects except Louisiana Transportation Research Center projects.

B. The Louisiana Transportation Research Center project selection procedure shall be in accordance with the Louisiana Transportation Research Center "Manual of Research Procedures" for Louisiana Transportation Research Center projects.

Acts 1991, No. 784, §1; Acts 2009, No. 255, §1, eff. July 1, 2009.
La. Rev. Stat. § 48:272 — LA Code / Code revised-statutes / Title 48 / Section 272
Access roads to rural cemeteries or graveyards
Status: in_force

The department is authorized to grade and keep in repair access roads leading from roads or highways under regular maintenance of the department to cemeteries or graveyards situated within one mile or less of such regularly maintained roads or highways.

Acts 1950, No. 440, §1. Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:276 — LA Code / Code revised-statutes / Title 48 / Section 276
Department liability for environmental contamination in right-of-way; exemption
Status: in_force

A. When the department acquires property for a transportation facility or in a transportation corridor through the exercise of expropriation authority, or by purchase or donation, it shall not be subject to any liability due solely to its ownership imposed by Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950 and regulations promulgated pursuant thereto for pre-existing soil or groundwater contamination or other discharges or releases onto department right-of-way by persons other than department employees or agents. Nothing contained in this Section affects the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of the department for the results of its actions which create or aggravate a pollution source, release, or discharge. The department and the Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the department.

B. To the extent that the department voluntarily remediates sites within its rights-of-way for which it is exempted from liability under this Section due to factors of significant project delay or impact on contractors employed by the department, the Department of Environmental Quality shall assist in identifying and notifying potentially responsible parties and demanding participation in the remediation costs incurred by the department. If a potentially responsible party refuses to participate in the costs of remediation which are subsequently determined by a court to be the responsibility of a nonparticipating responsible party, all nonparticipating responsible parties shall be solidarily liable to the department for the costs of remediation incurred by the department, subject to the rights of contribution or indemnity from other parties responsible for the pollution source, release, or discharge, and for the attorney fees incurred in prosecuting the demand for participation and collection action authorized in this Section.

Acts 1995, No. 1088, §1, eff. June 29, 1995.
La. Rev. Stat. § 48:452.1 — LA Code / Code revised-statutes / Title 48 / Section 452.1
Abandonment in trial and appellate court
Status: in_force

A. An owner's claim for an increase in the compensation is perfected when he timely files his answer as provided in R.S. 48:450 and is thereafter abandoned when he fails to take any step in the prosecution of that claim for a period of three years. This provision shall be operative without formal order, but on ex parte motion of the department the trial court shall render final judgment fixing just compensation in the amount deposited in the registry of the court and awarding that sum to the defendant and dismissing with prejudice any claim for any increase in compensation.

B. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court, which shall be not less than one year.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1999, No. 597, §1, eff. July 1, 2000.
La. Rev. Stat. § 48:451.5 — LA Code / Code revised-statutes / Title 48 / Section 451.5
Qualification and exemption of jurors
Status: in_force

The qualifications and exemptions of jurors and the method of choosing and summoning the general venire in jury cases are provided by special laws.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:888 — LA Code / Code revised-statutes / Title 48 / Section 888
Competing bridges and ferries
Status: in_force

No bridge for the use of the traveling public shall be constructed and operated by the parish or by a municipal corporation or other political subdivision of the state, or by any person, and no franchise shall be granted for the operation of a ferry, within fifteen miles of any toll bridge for the acquisition or construction of which bridge revenue bonds have been authorized under this Sub-part, except under a written permit granted by the director of highways. No such permit shall be granted by the director until he has ascertained by an investigation, including a hearing upon such notice and under such rules he prescribes, that there is an urgent public need for the operation of the bridge or ferry and that its operation will not affect the revenues of the bridge purchased or constructed under the provisions of this Sub-part, so as to impair the security of any bridge revenue bonds issued therefor.
La. Rev. Stat. § 48:584 — LA Code / Code revised-statutes / Title 48 / Section 584
Supervisory board; establishment; chairman and secretary
Status: in_force

The parish governing authority shall, on request of fifty per cent or more of the property tax payers resident in any district, appoint a supervisory board of three property tax payers, residing in the district. The property tax payers thus requesting may suggest the names of the members of the supervising board. In case of a contest or a failure to suggest, the parish governing authority shall exercise the discretion of choice.

The supervisors shall elect a chairman and a secretary from their own number. These officers shall serve without pay.
La. Rev. Stat. § 48:1263 — LA Code / Code revised-statutes / Title 48 / Section 1263
Pledge not to restrict certain rights of authority
Status: in_force

The state of Louisiana does pledge to and agree with the holders of the bonds issued pursuant to this Chapter, that the state will not limit or restrict the rights hereby vested in the authority to construct, reconstruct, maintain and operate any project as defined in this Chapter or to establish and collect such tolls or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this Chapter or in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.

Acts 1954, No. 232, §13.
La. Rev. Stat. § 48:992 — LA Code / Code revised-statutes / Title 48 / Section 992
Establishment of ferries in parish of Orleans
Status: in_force

The governing body of the city of New Orleans may establish and regulate ferries across the Mississippi River, in the parish of Orleans.
La. Rev. Stat. § 48:994 — LA Code / Code revised-statutes / Title 48 / Section 994
Unauthorized transportation across streams within certain distance of ferry unlawful; penalty
Status: in_force

No person, not a lessee of a public ferry shall transport any person for pay or hire across the Mississippi River or any other stream in this state in any craft, within a distance of two miles of a public ferry landing duly established under the resolutions or ordinances of any parish or municipal corporation in this state, except the parish of Orleans.

Whoever violates this Section shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. In default of payment of the fine he shall be imprisoned for not less than ten days nor more than thirty days.
La. Rev. Stat. § 48:583 — LA Code / Code revised-statutes / Title 48 / Section 583
Governing body of district
Status: in_force

If a district is composed of territory wholly within one parish, the governing authority of that parish is the governing authority of the district. If a district is composed of territory partly within two or more parishes, the governing authorities of those parishes in joint session constitute the governing authority of the district.
La. Rev. Stat. § 48:871 — LA Code / Code revised-statutes / Title 48 / Section 871
Proceedings and conditions to issuance of bonds
Status: in_force

Bridge revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things specified and required by this Sub-part or by the constitution. The powers conferred by this Sub-part are in addition to the power conferred by any other law, and this Sub-part, without reference to any other law is full authority for the purpose hereof.
La. Rev. Stat. § 48:1273 — LA Code / Code revised-statutes / Title 48 / Section 1273
Cessation of tolls
Status: in_force

A. When all revenue bonds issued under the provisions of this Chapter in connection with any expressway project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, the authority shall, if such project or projects are then in good condition and repair to the satisfaction of the department, transfer such project or projects to the department to become part of the state road system to be maintained thereafter by the Department of Transportation and Development; provided, that in any event any such project or projects shall remain subject to sufficient tolls to pay the cost of the maintenance, repair, and operation thereof.

B. Provided, however, that the authority may, after said bonds shall have been paid or a sufficient amount for payment set aside as aforesaid, charge tolls for the use of any such project and pledge such tolls to the payment of bonds issued under the provisions of this Chapter in connection with another contiguous expressway project or projects which may hereafter be constructed.

Acts 1954, No. 232, §23. Amended by Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:921 — LA Code / Code revised-statutes / Title 48 / Section 921
Lease of parish bridge prohibited
Status: in_force

No parish shall lease the franchise of crossing or use of any bridge owned by it and crossing a navigable stream. This Section does not apply to bridges constructed or acquired pursuant to the Bridge Revenue Bond Law.
La. Rev. Stat. § 48:1279 — LA Code / Code revised-statutes / Title 48 / Section 1279
Minutes
Status: in_force

The secretary-treasurer shall keep full and correct minutes of the meetings and final actions of the authority, which minutes shall be open to the inspection of the public at all reasonable times.

Acts 1954, No. 232, §29.
La. Rev. Stat. § 48:1608 — LA Code / Code revised-statutes / Title 48 / Section 1608
Equipment trust certificates
Status: in_force

The board shall have continuing power to purchase equipment, and in connection therewith execute agreements, leases or equipment trust certificates in the form customarily used and appropriate to effect such purchase. The board may issue equipment trust certificates in a manner similar to that provided for bonds under Section 1607. All money required to be paid by the authority under the provisions of such agreements, leases and equipment trust certificates shall be payable solely from the fares, fees, rentals, charges, revenues and earnings of the authority, monies derived from the sale of any surplus property of the authority and gifts, grants and contributions from any source whatever. Payment for such equipment or rentals therefrom, may be made in installments; the deferred installments may be evidenced by equipment trust certificates payable solely from the aforesaid revenues or receipts, and title to such equipment may or may not vest in the authority until the equipment trust certificates are paid.

Added by Acts 1976, No. 638, §1.
La. Rev. Stat. § 48:2138 — LA Code / Code revised-statutes / Title 48 / Section 2138
Acquisition of lands and property
Status: in_force

A. For the purposes of this Chapter, the authority may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the board may deem necessary for any authority purpose in the transportation corridor designated by the board.

B. In the acquisition of land and property rights, the authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.

C. The authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the board that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the authority by eminent domain proceedings, the authority first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.

D. When the authority acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The board, on behalf of the authority, and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.

Acts 2007, No. 329, §1.
La. Rev. Stat. § 48:53 — LA Code / Code revised-statutes / Title 48 / Section 53
Personnel authority
Status: in_force

The secretary, subject only to the limitations of appropriations thereto and all of the applicable provisions of Title 36 of the Louisiana Revised Statutes of 1950, may abolish positions; transfer duties between positions; and assign duties to, direct and control the work of, and transfer, promote, demote, remove, and otherwise change the status of employees of the department and fix the compensation thereof.

Amended by Acts 1952, No. 252, §1; Acts 1956, No. 454, §1; Acts 1977, No. 291, §1; Acts 1999, No. 613, §1, eff. June 30, 1999.
La. Rev. Stat. § 48:2153 — LA Code / Code revised-statutes / Title 48 / Section 2153
Definitions
Status: in_force

Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:

(1) "Board" means the board of directors of the commission.

(2) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the commission to finance projects.

(3) "Commission" means the Central Louisiana Regional Infrastructure Beltway Commission.

(4) "Department" means the Department of Transportation and Development.

(5) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.

(6) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.

(7) "Project" means any capital project undertaken pursuant to this Chapter including the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway.

(8) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.

(9) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.

(10) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.

(11) "Revenue" means:

(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the commission or received by the commission from any other sources whatsoever.

(b) Monies generated by way of contract, pledge, donation, or bequest.

(12) "Secretary" means the secretary of the Department of Transportation and Development.

(13) "State" means the state of Louisiana or any agency or instrumentality thereof.

(14) "Toll" means any fee or charge for the use of a tollway.

(15) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the commission.

Acts 2009, No. 518, §1, eff. June 10, 2009.
La. Rev. Stat. § 48:701.2 — LA Code / Code revised-statutes / Title 48 / Section 701.2
Webster Parish; revocation of dedication; reversion of property
Status: in_force

A. Notwithstanding any provision of law to the contrary, the governing authority of Webster Parish or of its municipalities may revoke and set aside the dedication of any road, street, or alleyway laid out and dedicated to public use within the respective limits, when the road, street, or alleyway has been abandoned or is no longer needed for public purposes.

B. Upon such revocation, the property subject to the dedication shall revert to the original property owner who was the owner of record of the property when the property subject to the dedication was first dedicated to public use, or his successors or assigns.

C. Nothing in this Section shall be construed as repealing any of the provisions of special statutes or charters of incorporated municipalities granting the right to close or alter roads or streets.

D. This Section shall not apply to a revocation and setting aside of a dedication of any road, street, or alleyway by the governing authority of Webster Parish or of its municipalities on and after July 1, 1999. Thereafter, the provisions of R.S. 48:701 shall be applicable in Webster Parish to any revocation of dedication of land by the governing authority of the parish of Webster or any of its municipalities and to any reversion of property.

Acts 1995, No. 140, §1, eff. June 12, 1995; Acts 1999, No. 1125, §1, eff. July 1, 1999.
La. Rev. Stat. § 48:451.19 — LA Code / Code revised-statutes / Title 48 / Section 451.19
Number required for verdict
Status: in_force

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

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:1262 — LA Code / Code revised-statutes / Title 48 / Section 1262
Bonds not debt or pledge of credit of state
Status: in_force

Expressway revenue bonds issued under the provisions of this Chapter shall not be deemed to be a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable exclusively from the fund pledged for their payment or authorized herein. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of expressway revenue bonds under the provisions of this Chapter shall not, directly or indirectly or contingently, obligate the state to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. State funds shall not be used, appropriated or expended to construct, reconstruct, maintain, service, repair, purchase or lease any toll road authorized hereunder or to pay the principal or interest of any revenue certificates or other evidences of indebtedness issued for any such purpose, and the legislature does herewith determine that any such use of state funds would violate the constitution of the state of Louisiana and all such bonds shall contain a statement on their face to this effect.

Acts 1954, No. 232, §12.
La. Rev. Stat. § 48:217 — LA Code / Code revised-statutes / Title 48 / Section 217
Acquisition of rights-of-way and servitudes; entry for purpose of surveys, soundings, drillings, and examinations
Status: in_force

A.(1) The department may by donation, purchase, exchange, lease, or expropriation, without any competitive bidding, acquire any immovable property, public or private, or the use thereof, including servitudes, lands, and improvements on lands necessary for the right-of-way of any highway included in the state highway system or any appurtenance thereto and for any of the purposes of this Chapter, including whatever property rights are necessary to restore access to property that has been landlocked by highway construction or those property rights which are necessary for the relocation of public utility and railroad facilities to accommodate the construction and maintenance of a state highway and the appurtenances thereto.

(2) Upon application by the owner of property which is necessary for the highway right-of-way of a project established and approved under the Transportation Infrastructure Model for Economic Development, as provided for in Part VI of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the department shall commence negotiations with the property owner to acquire the property. Negotiations may begin upon verification through the preliminary planning process that the property is required for the right-of-way. However, no property shall be acquired under the provisions of this Paragraph until the director of real estate has determined that sufficient funds are available.

B. Where the consent of a property owner has not been otherwise obtained, the Department of Transportation and Development and its authorized agents and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or convenient for the purpose of this Chapter and Section, and such entry shall not be deemed a trespass, nor shall such entry for such purpose be deemed an entry under any eminent domain proceedings which may be then pending, provided that registered notice of five days to resident owners and fifteen days to nonresident owners shall be given to the last record property owner as reflected by the parish assessment rolls, which said notice shall be mailed to the last known and recorded address of said owner as reflected by said assessment records.

C. The Department of Transportation and Development shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.

D. In order to facilitate the acquisition of servitudes for the relocation of public utility and railroad facilities, the Department of Transportation and Development shall promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.).

Acts 1987, No. 642, §1; Acts 2003, No. 180, §1.
La. Rev. Stat. § 48:1104.1 — LA Code / Code revised-statutes / Title 48 / Section 1104.1
High occupancy toll lanes; establishment; requirements
Status: in_force

A. The Crescent City Connection division, within the Department of Transportation and Development, may establish high occupancy toll lanes on the Crescent City Connection as provided in this Section.

B. The high occupancy toll lanes shall give a reduced toll or free passage to buses, and to carpool vehicles with three or more occupants in accordance with rules and regulations to be adopted by the Crescent City Connection division of the Department of Transportation and Development.

Acts 1997, No. 1462, §1.
La. Rev. Stat. § 48:1404 — LA Code / Code revised-statutes / Title 48 / Section 1404
Officers; meetings; quorum
Status: in_force

The commission shall elect from its own membership a chairman and vice-chairman. Six members of said commission shall constitute a quorum for the transaction of business and the meetings of the commission shall be held at such time and place as shall be fixed in the call of the chairman after reasonable notice to the full membership.

The member representing the Department of Highways shall serve as temporary chairman, and shall call the first meeting of the commission within sixty days after July 31, 1968.

Acts 1968, No. 232, §4.
La. Rev. Stat. § 48:2173 — LA Code / Code revised-statutes / Title 48 / Section 2173
Creation of compacts; jurisdiction
Status: in_force

A. There is in state government a Louisiana Intrastate Rail Authority. The authority shall direct the development and implementation of intrastate high-speed rail service that is fully integrated with the state's existing intrastate rail and bus network, consisting of interlinked conventional and high-speed rail lines and associated feeder buses. The intrastate network in turn shall be fully coordinated and connected with commuter rail lines and urban rail transit lines developed by local agencies, as well as other transit services, through the use of common station facilities whenever possible. The authority may apply for and expend federal funds made available through the American Recover and Reinvestment Act of 2009, upon appropriation of the legislature, to develop passenger rail corridors in Louisiana.

B. Any parish or municipality, or two or more parishes or municipalities, or any combination of parishes and municipalities are hereby authorized to form a quasi-governmental compact. Any such compact created pursuant to this Chapter shall be considered and treated as a body politic and corporate established for the public purposes enumerated herein. The boundaries of the compact shall be coextensive with the territorial boundaries of the parish or parishes or municipality or municipalities which establish such compact. The compact shall have the power to adopt bylaws containing such terms and provisions as the directors of the compact shall deem necessary or convenient to further carry out its purposes, provided that nothing therein may contravene any of the provisions of this Chapter.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.