La. Rev. Stat. § 48:224.1 — LA Code / Code revised-statutes / Title 48 / Section 224.1
Transfer and exchange of state and local roads
Status: in_force

A. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to incorporate into the parish or municipal road system a road on the state highway system and to assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution and remove the road from the state highway system and it shall thereafter form a part of the parish or municipal road system. As a condition of such transfer, the department may provide a thing of value, including but not limited to credits towards future construction projects, payment of funds, or satisfaction of debt owed to the department. Such thing of value shall be equal to the amount of the present value of the forty-year projected future maintenance cost of the road to be transferred and may be funded by the department as a capital project. Any funds transferred to a parish or municipality as provided in this Subsection may be expended on any activity allowed under R.S. 48:753. Any condition of transfer shall be reduced to writing by the parties. The department may execute such agreements with any parish or municipality.

B. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to exchange one or more roads on the parish or municipal road system for one or more roads on the state highway system and assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution, incorporate said roads from the parish or municipal road system into and remove said roads from the state highway system, and they shall thereafter form respective parts of said system.

C. Upon completion of the transfer or exchange and any conditions of the resolution, the department shall cause to be recorded the transfer of any immovable property, said recordation to be made in the parish in which the immovable property is situated.

D. The department may promulgate rules in accordance with the Administrative Procedure Act to implement the provisions of this Section.

E. Effective July 1, 2025, the office of Louisiana Highway Construction shall have exclusive authority to enter into agreements provided in this Section for non-federal-aid eligible routes in the states' highway system.

Added by Acts 1979, No. 185, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2016, No. 458, §1; Acts 2021, No. 325, §1, eff. June 14, 2021; Acts 2025, No. 380, §1.
La. Rev. Stat. § 48:2085 — LA Code / Code revised-statutes / Title 48 / Section 2085
Design build projects; authority
Status: in_force

Notwithstanding any law to the contrary or the requirements of this Chapter, the authority may accept unsolicited proposals for design build projects in excess of one hundred million dollars. If the authority receives an unsolicited proposal of the design build project, the authority shall notify the department and the department shall review the unsolicited proposal and notify interested bidders by public advertisement throughout the state for a period of thirty days. Interested parties shall submit a formal request of consideration within thirty days. Interested bidders shall be allowed no more than one hundred twenty days to submit an unsolicited proposal including schedule, design, and cost. All proposals for a design build project received pursuant to this Section shall comply with all applicable provisions of law regarding the design build method, and the review cost shall be nonrefundable should the project not move forward.

Acts 2022, No. 552, §1.
La. Rev. Stat. § 48:1096 — LA Code / Code revised-statutes / Title 48 / Section 1096
Remedies of bondholders
Status: in_force

The rights and remedies herein conferred upon or granted to the bondholders, shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds, or by any deed or trust, indenture or other agreement under which the same may be issued. In the event the authority shall default in the payment of principal or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event the authority shall fail or refuse to comply with the provisions of this Part, or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purpose herein provided.

Such trustee and any trustee under any deed of trust, indenture or other agreement, may, and upon written request of the holders of twenty-five percentum (or such other percentage or percentages as may be specified in any deed of trust, indenture, or other agreement aforesaid) in principal amount of the bonds then outstanding, shall, in his or its own name:

(1) by mandamus or other civil action or proceeding enforce all rights of the bondholders, including the right to require the authority to collect rates, rentals and other charges adequate to carry out any agreement as to or pledge of the revenues or receipts of the authority, and to require the authority to carry out any other agreements with or for the benefit of the bondholders, and to perform its duties under this Part,

(2) bring suit upon the bonds,

(3) require the authority to account as if it were the trustee of any express trust for the bondholders,

(4) enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders.

Any trustee when appointed as aforesaid, or acting under a deed of trust, indenture or other agreement, shall be entitled as of right to the appointment of a receiver, who may enter and take possession of the facilities of the authority or any part or parts thereof, the revenues or receipts from which are or may be applicable to the payment of the bonds, and operate and maintain the same, and collect and receive all tolls, fares or other revenues thereafter arising therefrom in the same manner as the authority might do, and shall deposit all such moneys in a separate account and apply the same as the court shall direct. In any civil action or proceeding by the trustee, the fees, counsel fee, expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the facilities of the authority, the revenues or receipts from which are or may be applicable to the payment of the bonds. The trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights.

Nothing in this Part shall authorize any receiver appointed pursuant to this Part for the purpose of operating and maintaining any facilities of the authority, to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind and character of the authority. It is the intention of this Part to limit the powers of such receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no holder of bonds of the authority or any trustee shall ever have the right in any civil action or proceeding to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the receiver to sell, assign, mortgage or otherwise dispose of any assets of the authority of whatever kind or character.

Acts 1958, No. 526, §6.
La. Rev. Stat. § 48:511 — LA Code / Code revised-statutes / Title 48 / Section 511
Changing public road; penalty
Status: in_force

A. No person shall turn, alter, or change any public road as defined in R.S. 48:491 and being a parish or municipal road, except upon order of the governing authority of the parish for a parish road, whether or not within a municipality, or upon order of the governing authority of the municipality for a municipal road.

B. Whoever violates this Section shall be fined one hundred dollars for each month the road is altered or turned out of its old course.

Acts 1989, No. 815, §1.
La. Rev. Stat. § 48:347 — LA Code / Code revised-statutes / Title 48 / Section 347
Removal of obstacles or hazards from highway or vicinity; campaign signs
Status: in_force

A. The department may apply to the court for any process necessary to prevent the installation of any structure, sign, obstacle, object, deposit, or thing within the limits of a highway contrary to this Chapter or any lawful regulation issued hereunder.

B. Whenever any advertising sign located within fifty feet of the outer edge of the right of way constitutes a dangerous hazard to the traveling public, the department may, after due notice to the owner thereof to remove it, apply to the district court of the parish in which the sign is located for the process necessary to effect the removal of the sign.

C. Whenever any of the things described in Subsection A of this Section are found to exist within the limits of a highway, the department may summarily remove and dispose of it at the expense of the person responsible therefor. If it retains apparent value, the owner shall be notified, orally or in writing, to remove it within five days or such other period as may be agreed upon. If the owner be unknown or cannot be found, a written notice shall be affixed to the object setting forth that it must be removed within a period not less than five days from the date specified. Failure to remove within the specified period operates as a forfeiture of all rights thereto and the department may remove the object for its own use, or dispose of it at private or public sale, or destroy it, or dispose of it in any manner. The owner and any other person responsible therefor remains liable for any damage to public property or expenditure of highways funds resulting from the installation or removal of such things.

D. Notwithstanding any other provision of law to the contrary, political campaign signs shall not be erected, displayed, or posted within any highway right-of-way or litter-free zone, subject to the provisions and penalties of R.S. 30:2531 and R.S. 30:2544, and the collection and distribution of fines as provided in R.S. 30:2532.

Amended by Acts 1954, No. 126, §1; Acts 1984, No. 225, §1; Acts 1989, No. 768, §4; Acts 1998, 1st Ex. Sess., No. 148, §6.
La. Rev. Stat. § 48:2084 — LA Code / Code revised-statutes / Title 48 / Section 2084
Public private partnership projects; unsolicited and solicited proposals; approval by authority
Status: in_force

A. Any proposal to develop or operate a transportation facility as a public- private partnership project under this Chapter shall be approved by the authority. Prior to the authority approving a proposal to develop or operate a transportation facility as a public-private partnership, the authority shall submit such proposal to the House and Senate Committees on Transportation, Highways and Public Works. The chairman of each committee shall call a public hearing within thirty days of receiving the proposal from the authority for the purpose of receiving information and public comments on the proposal. Transportation facility proposals may be initiated by a private entity or by the authority.

B. A private entity may submit an unsolicited proposal to the authority to develop or operate a qualifying transportation facility; however, the private entity shall apply to the authority for approval. The authority shall advertise any unsolicited proposal submitted by a private entity for the purposes of receiving competitive proposals for the same proposed qualifying transportation facility. Competitors shall have ninety days from the date of advertisement to submit competitive proposals to the authority. The authority shall charge a reasonable fee to cover its costs to process, review, and evaluate an unsolicited proposal submitted by a private entity. An unsolicited proposal for a qualifying transportation facility submitted by a private entity shall include all the following:

(1) A topographic map with a scale of 1:2,000, or other appropriate scale, that delineates the location of the proposed transportation facility.

(2) A detailed description of the proposed qualifying transportation facility, including a conceptual design of the facility and all proposed interconnections with existing or planned transportation facilities.

(3) The proposed date for acquisition, construction, or improvement of the proposed transportation facility.

(4) A statement setting forth the private entity's planned method of acquisition of all property interests required for the proposed qualifying transportation facility, including the nature of the property interests to be acquired, and a description of any property the private entity expects to request the authority to acquire.

(5) The transportation plan of each affected local jurisdiction, including a statement of the status of the proposed qualifying transportation facility.

(6) A preliminary list of local, state, or federal agency permits or approvals expected to be required in order to develop or operate the proposed qualifying transportation facility and a projected schedule for obtaining such permits or approvals.

(7) A preliminary list of public utility facilities expected to be crossed or relocated by the proposed qualifying transportation facility and a statement of the plans of the private entity to accommodate or relocate such crossings.

(8) A statement detailing the private entity's plan to finance, develop, and operate the proposed qualifying transportation facility, including identification of dedicated revenue sources and proposed debt or equity investments by the private entity or applicable public entities.

(9) The names and addresses of the persons who may be contacted for further information concerning the request.

(10) Any additional material and information reasonably requested by the authority.

C. In the case of solicited proposals, the authority is authorized to request proposals from private entities to develop or operate a transportation facility. The authority may charge a reasonable fee to cover its costs to process, review, and evaluate solicited proposals received in response to such requests.

D.(1) The authority may approve the proposal of a private entity to develop or operate a qualifying transportation facility upon finding that the proposal serves a public purpose. The authority shall consider the following factors to determine if a private entity proposal serves a public purpose:

(a) There is a public need for a transportation facility or facilities of the type the private entity proposes to develop or operate as a transportation facility.

(b) The transportation facility or facilities and the proposed interconnections with existing transportation facilities, and the private entity's plans for operation of the qualifying transportation facility or facilities are reasonable and not incompatible with the state transportation plan and with the local governmental entity's comprehensive plan or plans.

(c) The estimated cost of the transportation facility or facilities is reasonable in relation to other similar facilities.

(d) The private entity's proposal will result in the timely development or more efficient operation of the transportation facility.

(2) In evaluating any request, the authority may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.

E. Approval by the authority shall be subject to the private entity's entering into a comprehensive agreement with the authority. Additionally, the authority shall establish a date to commence the acquisition of property for the construction of a new transportation facility or a date to commence construction of improvements to an established transportation facility. The authority, in its discretion, may grant extensions of such dates.

F. The authority shall take appropriate action to protect trade secrets and other confidential, privileged, and proprietary information received from a private entity, including but not limited to information exempt from disclosure under the federal Freedom of Information Act or the Public Records Law. The authority may enter into confidentiality agreements in connection with any private entity proposal, comprehensive agreement, service contract, lease, or agreement for a qualifying transportation facility.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:77.1 — LA Code / Code revised-statutes / Title 48 / Section 77.1
Megaprojects Leverage Fund
Status: in_force

A. There is hereby created in the state treasury a special fund to be designated and hereafter referred to as the Megaprojects Leverage Fund, hereinafter referred to as the "fund". The state treasurer shall deposit into the fund seventy-five percent of that portion of the avails of the taxes imposed by Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, from the sale, use, or lease of motor vehicles that are taxable pursuant to Chapters 2, 2-A, and 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, provided for in R.S. 48:77(A), provided however that the total deposits into the fund from these avails shall not exceed one hundred sixty million dollars in any fiscal year. Once all projects described in R.S. 48:77(C)(1) have either been completed and issued final acceptance or a request not to proceed with the project has been approved by the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works as provided in this Section, and any outstanding debt issued under R.S. 48:77.2 has been either repaid or defeased, there shall be no further deposits into the fund.

(1)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-10 Calcasieu River Bridge and I-10 Improvements Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(a) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-10 Calcasieu River Bridge and I-10 Improvements Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.

(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(a), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.

(2)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-49 South Leverage Fund Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(b) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-49 South Leverage Fund Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.

(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(b), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.

(3)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the Mississippi River Bridge at Baton Rouge and Connections Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(c) and the LA Highway 1 and LA Highway 30 connectors have all been completed and issued final acceptance, and any outstanding debt related to those projects issued under R.S. 48:77.2 has been either repaid or defeased, the Mississippi River Bridge at Baton Rouge and Connections Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.

(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(c), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.

(4)(a) There is hereby created as a special account in the fund to be designated and referred to in this Section as the I-49 North Leverage Fund Account. The source of monies in this account shall be twenty-five percent of the monies deposited in the fund each fiscal year, any monies appropriated to the account by the legislature, including federal funds, donations, gifts, or grants, and any other monies as may be provided by law. Except as provided in Subparagraph (b) of this Paragraph, once the project described in R.S. 48:77(C)(1)(d) has been completed and issued final acceptance, and any outstanding debt related to that project issued under R.S. 48:77.2 has been either repaid or defeased, the I-49 North Leverage Fund Account shall receive no further deposits, and monies that would have been deposited into that account shall be divided equally between accounts within the fund that are still eligible to receive deposits.

(b) If, prior to the issuance of any bonds for such project pursuant to the provisions of this Section, the secretary of the Department of Transportation and Development determines that it is not in the best interests of the state to proceed with the project described in R.S. 48:77(C)(1)(d), he shall submit a request for approval not to proceed with the project to the Senate Committee on Transportation, Highways and Public Works and the House Committee on Transportation, Highways and Public Works. Upon approval by both committees of the secretary's request not to proceed with the project, deposits into the account shall cease and any monies that would have been deposited into the account shall be divided equally between accounts within the fund that are still eligible to receive deposits. Within thirty days of approval by the committees as provided in this Subparagraph, the state treasurer shall also divide equally and transfer into accounts within the fund that are still eligible to receive deposits the unexpended and unencumbered balance in the account created pursuant to this Paragraph.

B. Monies in the fund shall be invested by the treasurer in a separate portfolio in the same securities as allowed for the state general fund. All investment earnings on this portfolio shall be deposited into the fund. All unexpended and unencumbered monies remaining in the fund at the end of each fiscal year shall remain in the fund. The amounts in the fund shall be available for appropriation to pay expenses incurred for custody, investment, and disbursement costs directly attributable to the investment of the fund.

C. Monies in the fund shall be appropriated and expended only in accordance with this Subsection:

(1) For transfer to the State Bond Commission, hereinafter referred to as the "commission", to pay the costs of the principal, premium, and interest of motor vehicle sales and use tax bonds issued by the commission pursuant to R.S. 48:77.2 as the bonds become due and payable; to fund such reserves for contingencies, costs, and expenses related to bonds issued pursuant to R.S. 48:77.2, as may be required by the resolution authorizing the issuance of such bonds; and to pay amounts of ongoing expenses associated with the administration, maintenance, or evaluation of bonds issued pursuant to R.S. 48:77.2, as follows:

(a) Funds from the I-10 Calcasieu River Bridge and I-10 Improvements Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(a).

(b) Funds from the I-49 South Leverage Fund Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(b).

(c) Funds from the Mississippi River Bridge at Baton Rouge and Connections Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the LA Highway 1 and LA Highway 30 connectors and the project described in R.S. 48:77(C)(1)(c).

(d) Funds from the I-49 North Leverage Fund Account shall be used exclusively for costs of debt, the proceeds of which are to be used for the planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(d).

(2) For transfer to the Construction Subfund of the Transportation Trust Fund:

(a) Funds from the I-10 Calcasieu River Bridge and I-10 Improvements Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(a).

(b) Funds from the I-49 South Leverage Fund Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(b).

(c) Funds from the Mississippi River Bridge at Baton Rouge and Connections Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the LA Highway 1 and LA Highway 30 connectors and the project described in R.S. 48:77(C)(1)(c).

(d) Funds from the I-49 North Leverage Fund Account shall be used exclusively for costs of planning, preconstruction, construction, and procurement activities related to the project described in R.S. 48:77(C)(1)(d).

D. Prior to the Department of Transportation and Development entering into a public-private partnership with respect to a megaproject as provided in this Section, the department shall obtain approval from the Joint Legislative Committee on the Budget. This requirement shall not apply to any public-private partnership for which the solicitation process began prior to August 1, 2022.

Acts 2022, No. 505, §2, eff. June 16, 2022; Acts 2023, No. 327, §1, eff. June 12, 2023.
La. Rev. Stat. § 48:922 — LA Code / Code revised-statutes / Title 48 / Section 922
Toll-charging by parishes prohibited except in certain cases
Status: in_force

Except as authorized in this Part, no parish, or any agent thereof, shall charge or collect from the public any toll for the crossing or use of any bridge owned by the parish and crossing a navigable stream.

This Section does not affect or control owning parishes as to toll-bridges not fully paid for as of December 9, 1921, and not yet fully paid for, until the debt on such bridges has been liquidated.
La. Rev. Stat. § 48:348 — LA Code / Code revised-statutes / Title 48 / Section 348
Informational maps and literature
Status: in_force

The secretary may, from time to time, issue maps of the state highway system, or brochures or pamphlets for the information and education of the traveling public in matters of traffic and safety. All such literature shall be issued in the name of the department and shall not bear the name of any individual employed by the state or seeking an elective office of the state. Reproduction of maps, brochures or pamphlets by any individual, firm or agency without the written approval of the secretary is prohibited.

Amended by Acts 1977, No. 291, §1.
La. Rev. Stat. § 48:1161 — LA Code / Code revised-statutes / Title 48 / Section 1161
Abolition of bridge and ferry authorities; merger and consolidation of bridge and ferry functions in board of highways
Status: in_force

In order to merge and consolidate into one department the duties and functions that are of a similar nature or character, under authority of Section 32 of Article III of the Constitution of Louisiana of 1921, the Ascension-St. James Bridge and Ferry Authority, the Iberville Parish Bridge and Ferry Authority, the Pointe Coupee-West Feliciana Bridge and Ferry Authority, and the St. Charles-St. John the Baptist Bridge and Ferry Authority are hereby abolished, effective January 1, 1973, and all of the powers, duties, functions, immunities, restrictions and exemptions from taxation under any laws, and particularly under the effective provisions of Act 7 of 1952, Act 526 of 1958, Act 555 of 1966, Act 413 of 1962, Act 413 of 1966, Act 269 of 1968, Act 290 of 1968, Act 57 of 1969 and R.S. 48:1151-1158 are transferred to the State Board of Highways and Department of Highways, effective January 1, 1973, and after said date the board of highways shall have and exercise all of the executive and administrative functions provided for by the constitution or laws with respect to the authorities herein abolished and with respect to the officers and members of such authorities.

Added by Acts 1972, No. 726, §1; Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
La. Rev. Stat. § 48:2084.4 — LA Code / Code revised-statutes / Title 48 / Section 2084.4
Public-private partnership projects; dedication of public property
Status: in_force

A public entity may dedicate any property interest it has for public use as a qualified transportation facility if it finds that in so doing it will serve the public purpose of this Chapter. In connection with such dedication, the public entity may convey any property interest it has, subject to the conditions imposed by law, to the private entity for consideration as determined by the public entity. The consideration may include an agreement of the private entity to operate the qualifying transportation facility. The property interests that the public entity may convey to the private entity through a dedication may include licenses, franchises, easements, or any other right or interest the public entity deems appropriate.

Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:205 — LA Code / Code revised-statutes / Title 48 / Section 205
Bids
Status: in_force

A. Except as otherwise provided in this Chapter, when the purchase exceeds twenty-five thousand dollars or exceeds a higher dollar amount established by the governor's most recent and effective executive order relative to small purchase procedures, the department shall give reasonable notice through the chief purchasing agent by advertising and by either of the following:

(1) Written notice mailed to persons who furnish the class of commodities involved.

(2) Notice sent through an electronic interactive environment to persons who furnish the class of commodities involved.

B. Except as otherwise provided in this Chapter, such purchases shall be made only on award to the lowest responsible bidder in response to requests for bids published in the state. Requests for bids shall be published ten days or more prior to the date set for opening the bids. The published advertisement and the specifications shall fix the exact place and time for presenting and opening of the bids. The presenting and opening of the bids shall be publicly performed on that day. Bids will be publicly read whenever interested parties are present. The practice of dividing proposed or needed purchases into separate installments of less than twenty-five thousand dollars each or the higher effective amount determined by the governor's executive order for the purpose of evading this provision is expressly prohibited.

C. If, in the judgment of the secretary, no satisfactory bid has been received in any case, he may reject all bids. In such case, he shall advertise for new bids as provided in this Section. Until a satisfactory contract is awarded, he may authorize the purchasing agent to make such open market purchases of the commodities involved as are urgently required to meet the requirements for not more than thirty days.

Acts 1991, No. 878, §1, eff. July 23, 1991; Acts 1997, No. 1411, §1, eff. July 15, 1997; Acts 2008, No. 82, §1, eff. July 1, 2008; Acts 2022, No. 256, §1, June 3, 2022.
La. Rev. Stat. § 48:451 — LA Code / Code revised-statutes / Title 48 / Section 451
Fixing for trial; notice
Status: in_force

After answer is filed, if no motion to dismiss the suit pursuant to R.S. 48:447 is pending before the court, either party may, upon ex parte motion, request that the matter be docketed for trial. The court shall fix the time for the trial of the suit not more than sixty days after the filing of the motion, and the trial shall be conducted with preference and with the greatest possible dispatch. The clerk of court shall thereupon issue to all parties a notice of the time fixed for the trial. This notice shall be served at least thirty days before the time fixed for the trial and in the manner provided by law for the service of citations.

Acts 1987, No. 619, §1.
La. Rev. Stat. § 48:1654 — LA Code / Code revised-statutes / Title 48 / Section 1654
Creation, organization, and purpose
Status: in_force

A. There is hereby created the Regional Transit Authority, subject to the conditions hereinafter set forth, which shall be a body politic and corporate and a political subdivision of the state of Louisiana comprising all of the territory in the parishes of Jefferson, Orleans, St. Bernard, and St. Tammany, or of such of the aforesaid or other parishes as elect to participate in the authority. The domicile of the authority shall be the parish of Orleans, but may be situated in one of the other participating parishes but only by the affirmative vote of a majority of the total weighted vote of the authority.

B. The purpose for which the authority is created is to plan, design, lease as lessee, purchase, acquire, hold, own, construct, improve, have an equity in, finance, maintain, and administer a transit system within the metropolitan area to operate same or contract therefor, lease as lessor same for operation by private parties.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
La. Rev. Stat. § 48:112 — LA Code / Code revised-statutes / Title 48 / Section 112
Powers and duties
Status: in_force

The general counsel to the department shall represent the secretary and the department in all matters for which the attorney general does not provide representation pursuant to R.S. 49:257.

Amended by Acts 1977, No. 291, §1; Acts 1988, No. 448, §4, eff. July 1, 1988.
La. Rev. Stat. § 48:266 — LA Code / Code revised-statutes / Title 48 / Section 266
Soil erosion control
Status: in_force

In the construction and maintenance of state highways, the department shall employ appropriate means of preventing or discouraging soil erosion within the limits of the rights of way and may cooperate with official federal agencies in soil conservation programs when those programs are closely related to and in the interest of state highway operation and maintenance.
La. Rev. Stat. § 48:24 — LA Code / Code revised-statutes / Title 48 / Section 24
Bridges over navigable waters
Status: in_force

The department may, by itself or in conjunction with the United States or with other states or any agency thereof, construct bridges over navigable waters in this state.
La. Rev. Stat. § 48:852 — LA Code / Code revised-statutes / Title 48 / Section 852
Definitions
Status: in_force

As used in this Sub-part:

(1) "Bridge" or "toll bridge" means a bridge, tunnel, causeway, road or ferry, either as separate facilities or any combination of such facilities, including all necessary approaches, fixtures, accessories and equipment, the substructure and superstructure thereof, and all property, rights, servitudes, and franchises relating thereto and deemed necessary or convenient for the operation thereof. The term also embraces combined railroad and highway bridges, as well as highway bridges.

(2) "Improvements" means repairs, replacements, additions and betterments of and to a bridge acquired by purchase or by expropriation or condemnation which are deemed necessary to place it in a safe and efficient condition for the use of the public, when the improvements are ordered prior to the sale of any bonds for the acquisition of the bridge, and also means any additions, repairs, extensions, replacements, betterments, or improvements of or to a bridge, so defined in (1) above, theretofore constructed or acquired.

(3) "Cost of bridge", as applied to a bridge to be acquired by purchase or by expropriation or condemnation, includes the purchase price or the amount of the award; cost of improvements; financing charges; interest during any period of disuse before completion of improvements; cost of traffic estimates; cost of engineering and legal expenses; cost of plans, specifications, surveys, and estimates of costs and revenues; other expenses necessary or incident to determining the feasibility or practicability of the enterprise; administrative expenses; and any other expenses necessary or incident to the financing authorized in this Sub-part and to the acquisition of the bridge and the placing of the bridge in operation.

(4) "Cost of bridge," as applied to a bridge to be constructed or to improvements made to a bridge theretofore constructed or acquired, embraces the cost of construction; the cost of all land, property, rights, servitudes, and franchises acquired, which are deemed necessary for the construction; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for twelve months after completion of construction; cost of traffic estimates; cost of engineering and of legal expenses; cost of plans, specifications, services of financial or fiscal agents, and surveys, and estimates of cost and revenues; other expenses necessary or incident to determining the feasibility or practicability of the enterprise; administrative expense; reimbursement or repayment of any amounts theretofore advanced by any body, agency or person for any of such purposes; and any other expenses necessary or incident to the financing authorized in this Sub-part and to the construction or improvement of the bridge and the placing of the bridge, or improvements thereto, in operation.

(5) "Owner" includes all persons having any title or interest in any property, rights, servitudes, or franchises authorized to be acquired by this Sub-part.

(6) "Parish" means a parish or municipality, or any combination of parishes or municipalities.

Amended by Acts 1954, No. 664, §1.
La. Rev. Stat. § 48:1276 — LA Code / Code revised-statutes / Title 48 / Section 1276
Preliminary and other expenses
Status: in_force

A. The Department of Transportation and Development is hereby authorized to expend out of any funds available for the purpose such moneys and to use such of its engineering and other forces, as may be necessary and desirable in the judgment of the Department of Transportation and Development, to enable and accelerate the beginning of the construction of the project constructed under the provisions hereof.

B. The Department of Transportation and Development is hereby authorized to expend out of any funds available for the purpose such moneys as may be necessary for the study of any expressway project or projects and to use its engineering and other forces, including other consulting engineers and other traffic engineers, for the purpose of effecting such study and to pay for such additional engineering and traffic and other expert studies as it may deem expedient.

C. All obligations and expenses incurred by the Department of Transportation and Development under this Section shall be paid by said department and charged to the appropriate expressway project or projects, and the department shall keep proper records and accounts showing each amount so charged. All obligations and expenses so incurred shall be treated as part of the cost of such project or projects and shall be reimbursed to the Department of Transportation and Development out of the proceeds of the bonds herein authorized.

Acts 1954, No. 232, §26. Amended by Acts 1977, No. 220, §1, eff. July 7, 1977.
La. Rev. Stat. § 48:993 — LA Code / Code revised-statutes / Title 48 / Section 993
Lease of ferries, advertisement for bids
Status: in_force

The parish governing authority or municipal corporation having the right to lease any ferry shall advertise for bids in the manner prescribed for judicial advertisement for three weeks, the first advertisement to be made at least fifteen days prior to the date set for the opening of the bids. If the ferry to be leased plies between two different parishes, between a parish and a municipal corporation in another parish, or between municipalities in different parishes, the parish governing authority or the municipal councils, as the case may be, shall jointly advertise for bids for the lease of the ferry franchise in the manner prescribed for judicial advertisement for three weeks in the official journal of the parishes or municipalities, as the case may be.

It is not necessary to advertise the proposed lease or the conditions or obligations thereof in its entirety. The advertisement shall merely notify prospective bidders of the sale of the proposed lease and that the lease will be sold to the highest bidder on such terms and conditions and at such a place as is prescribed or agreed upon by the parish governing authorities or municipal councils, or both, as the cause may be. If the lease of a ferry is to be sold at public auction to the last and highest bidder instead of by sealed bidding, the advertisement shall so state. The advertisement shall notify prospective bidders that a copy of the lease may be obtained free of charge from the secretary of the parish governing authority or the clerk of the municipal council, containing all of the details, conditions, and obligations of the ferry franchise. No ferry shall be leased for a longer period than ten years.

Amended by Acts 1968, No. 75, §1.
La. Rev. Stat. § 48:1261 — LA Code / Code revised-statutes / Title 48 / Section 1261
Revenues
Status: in_force

A. The authority is hereby empowered to fix, revise, charge and collect tolls and charges for the use of each project and the different parts or sections thereof, to contract with any person, partnership, association or corporation desiring the use of any part thereof for the purpose of providing any of the facilities comprehended in the term "expressway project" as defined herein, when, in the opinion of the authority, such facilities are necessary or desirable, and to fix the terms, conditions, rates and charges for use; provided that facilities for motor fuel and food shall be publicly offered for the operation thereof under rules and regulations to be established by the authority. Such tolls shall not be subject to supervision or regulation by any other commission, board or agency of the state.

B. To afford users of any expressway project a reasonable choice of motor fuels of different brands, each gasoline service station or site therefor shall be separately offered for lease upon sealed bids for private operation and, after at least 4 weeks notice of the offer has been published in a newspaper having general circulation in the state, each such lease shall be awarded to the highest responsible bidder therefor, who may provide for the operation of the service station by a third person, but no person shall be awarded or have the use of, nor shall motor fuel identified by the trademarks, trade names, or brands of any one supplier, distributor, or retailer of such fuel be sold at, (1) consecutive service stations along one side of the expressway, or (2) more than one service station if they constitute more than 20 percent of the service stations on the expressway project.

C. Such tolls shall be so fixed and adjusted in respect of the aggregate of tolls on each expressway project in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenue from such expressway project to pay (a) the cost of maintaining, repairing and operating such expressway project, and (b) the principal of and the interest on such bonds as the same shall become due and payable, and to create reserve for such purposes. The tolls and all other revenue derived from each expressway project or sections thereof in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the Chapter and such regulations as the resolution authorizing the issuance of such bonds or such trust agreement may provide. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.

Acts 1954, No. 232, §11.
La. Rev. Stat. § 48:285 — LA Code / Code revised-statutes / Title 48 / Section 285
Purpose
Status: in_force

It is the purpose of this Part to prescribe the policy of the Department of Transportation and Development and other grantee agencies applicable to employment of consultants for construction and preconstruction engineering services, research, planning, environmental, and other activities by a competitive process and a noncompetitive process, except those services under the authority of R.S. 39:1481 through 1526, R.S. 48:250.2, R.S. 48:250.3, and R.S. 48:292.1.

Acts 1991, No. 784, §1; Acts 2007, No. 40, §1, eff. Jan. 1, 2008; Acts 2009, No. 255, §1, eff. July 1, 2009.
La. Rev. Stat. § 48:2080 — LA Code / Code revised-statutes / Title 48 / Section 2080
Public utilities
Status: in_force

A.(1) The authority 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 authority shall determine that it is necessary to relocate, remove, or carry along or across an authority project by grade separation, any public utility facilities presently located in, on, along, over, or under an authority project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority; 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 authority.

(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 authority right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.

Acts 2001, No. 1209, §2.

*As appears in enrolled bill.
La. Rev. Stat. § 48:2081 — LA Code / Code revised-statutes / Title 48 / Section 2081
Contracts; construction; project development; law enforcement
Status: in_force

A. Contracts of the authority for the construction, improvement, or maintenance of any authority project shall be made and awarded pursuant to Part XIII of Chapter 1 of this Title.

B. The authority may contract with either* the state police, a law enforcement district, or municipal law enforcement agency or may create and form an authority police force to perform law enforcement and patrol functions on any authority project.

Acts 2001, No. 1209, §2.

*As appears in enrolled bill.
La. Rev. Stat. § 48:1806 — LA Code / Code revised-statutes / Title 48 / Section 1806
Advice and services of the Department of Transportation and Development; interstate cooperation
Status: in_force

The department is authorized to work jointly or in cooperation with the state of Mississippi, and to provide such advice and services to the commission as will, in the opinion of the secretary of the department, tend to achieve the objectives of this Chapter.

Acts 1992, No. 288, §1; Acts 1993, No. 230, §1.
La. Rev. Stat. § 48:274.3 — LA Code / Code revised-statutes / Title 48 / Section 274.3
Placing of major shopping area guide signs on interstate highways
Status: in_force

A. Definitions. When used in this Section, the following words and phrases have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:

(1) "Eligible highway" means a highway that:

(a) A portion of which is located outside an urbanized area with a population of fifty thousand or more; and

(b) Qualifies for a maximum speed limit as established by Louisiana law.

(2) "Eligible urban highway" means an interstate highway, a portion of which is located inside an urbanized area with a population of two hundred thousand or more.

(3) "Major shopping area" means a geographic area that meets either of the following criteria:

(a) Consists of thirty acres or more of land and includes an enclosed retail shopping mall that contains five hundred thousand square feet or more of gross building area.

(b) Includes strip-style outdoor shopping plazas and outlet shopping centers that contain no less than two hundred forty thousand square feet of gross leasable space.

(4) "Major shopping area guide sign" means a rectangular guide sign panel imprinted with the name of a major shopping area, as it is commonly known to the public, and containing directional information to such major shopping area.

B. If an establishment in a major shopping area provides food, the establishment must provide the following in order to be eligible for a listing on a guide sign:

(1) A license or other evidence of compliance with public health or sanitation laws, if required by applicable other law.

(2) Continuous operation at least ten hours a day.

(3) Seating capacity for at least sixteen people.

(4) Public restrooms.

(5) A telephone for use by the public.

C. The department shall establish a program that allows the erection and maintenance of major shopping area guide signs at appropriate locations along eligible highways and eligible urban highways. The department shall promulgate rules in accordance with the Administrative Procedure Act regulating the content, composition, placement, erection, and maintenance of major shopping area guide signs and supports within eligible highway and eligible urban highway rights-of-way and establish appropriate and reasonable fees to implement the provisions of this Section; however, a major shopping area shall be entitled to have its name displayed on major shopping area guide signs if it is located not farther than three miles from an interchange on an eligible highway or an eligible urban highway. A major shopping area that has its name displayed on a major shopping area guide sign shall reimburse the department for all costs associated with the composition, placement, erection, and maintenance of the sign.

D. Major shopping area guide signs may be included as part of exit direction signs, advance guide signs, and supplemental guide signs and shall include guide signs for both directions of traffic on an eligible highway or eligible urban highway. If the service facilities are not visible from an interchange ramp terminal, additional signs may be placed along the ramp or at the terminal.

E. All fees collected pursuant to the provisions of this Section shall be considered as self-generated revenues and deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Department of Transportation and Development. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be appropriated as self-generated revenues to the Department of Transportation and Development.

F. The procedures for obtaining approval for programming, project authorizations, and other actions for federal-aid projects which include these signs shall follow the same procedures as other federal-aid projects in this state.

Acts 1997, No. 552, §1; Acts 1999, No. 606, §1, eff. June 30, 1999; Acts 2001, No. 34, §1.
La. Rev. Stat. § 48:1268 — LA Code / Code revised-statutes / Title 48 / Section 1268
Remedies
Status: in_force

Any holder of bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of Louisiana or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this Chapter or by such trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collection of tolls.

Acts 1954, No. 232, §18.
La. Rev. Stat. § 48:671 — LA Code / Code revised-statutes / Title 48 / Section 671
Model roads through municipalities
Status: in_force

Whenever necessary, parish governing authorities may construct good roads in whole or in part of the type commonly known as model roads through the corporate limits of municipalities to form a connection through the municipalities between the ends or terminals of good roads already constructed by the parish governing authorities to the limits of the municipalities.
La. Rev. Stat. § 48:1652 — LA Code / Code revised-statutes / Title 48 / Section 1652
Declaration of policy
Status: in_force

The area comprising the parishes of Orleans, Jefferson, St. Tammany, St. Bernard, and other parishes, has developed and continues to develop into a metropolitan area with a common interest in the cultural, social, and economic well-being of the people therein and the development of the educational, commercial, and industrial resources thereof. There exist in this metropolitan area serious traffic conditions and congestions and serious mass transportation problems which impede and will increasingly impede the development of these common interests toward their fullest potential. Concerted governmental action is needed to alleviate such traffic conditions and congestion, correct deficiencies in mass transportation, coordinate and balance the transportation facilities operating therein, and otherwise provide a sounder basis for the development of traffic patterns and control. The development of a mass transportation system through a joint instrumentality of the local governments within the metropolitan area is a reasonable approach to the aforesaid needs and problems. The cultural, social, and economic well-being of the people in the metropolitan area and the development of the educational, commercial, and industrial resources thereof are matters of public interest and concern throughout the state. Accordingly, it is the public policy of this state, as a matter of public health, safety, convenience, and welfare, to promote the establishment of such a joint instrumentality, encourage participation therein by the local governments involved, facilitate the accomplishment of its purposes, and bring about solutions to the aforesaid needs and problems.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
La. Rev. Stat. § 48:342 — LA Code / Code revised-statutes / Title 48 / Section 342
Parking or loading on highway
Status: in_force

The chief engineer may regulate, and, when the safety or convenience of the traveling public requires it, prohibit the parking or loading and unloading of any type of vehicle on any highway within the state highway system. Parking on the traveled surfaces and storing of articles or commodities of any kind within the right-of-way area is prohibited.

Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
La. Rev. Stat. § 48:600.2 — LA Code / Code revised-statutes / Title 48 / Section 600.2
District Six Road Commission of St. Landry Parish
Status: in_force

A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Six Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Six of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Six Road Commission of St. Landry Parish, hereinafter referred to as the "board".

B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each precinct within Police Jury District Six as such districts are established at the time the appointments are being made and as certified by the St. Landry Parish register of voters. Each member appointed shall be a resident of the precinct he is appointed to represent. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.

(2) Of the six commissioners initially appointed, three shall serve for a term of one year and three shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.

(3) The members of the board shall serve until their successors have been appointed and qualified.

(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be four years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph (1) of this Subsection. No person who has served as a commissioner for two consecutive four-year terms shall be appointed for the succeeding term.

(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.

C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.

(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.

(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.

D.(1) The commission shall be considered a political subdivision of the state of Louisiana and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish 1 , and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:

(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.

(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligations bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.

(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.

(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.

(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commission.

(4) To construct any necessary improvements to facilitate drainage from immediate road surfaces.

(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.

(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.

Acts 1989, No. 785, §1; Acts 1997, No. 658, §2; Acts 2017, No. 229, §1.

1 AS IT APPEARS IN THE ENROLLED ACT.
La. Rev. Stat. § 48:1152 — LA Code / Code revised-statutes / Title 48 / Section 1152
Power to contract
Status: in_force

The department of highways is hereby authorized to enter into contracts with bridge and ferry authorities, organized under the laws of the state of Louisiana, for the construction, maintenance and operation of bridges and ferries by such authority, which contracts shall be binding upon the department and the state of Louisiana.

Acts 1952, No. 8, §2.
La. Rev. Stat. § 48:2073 — LA Code / Code revised-statutes / Title 48 / Section 2073
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 Transportation Authority Act.

(2) "Affected local jurisdiction" means any parish or municipality in which all or a portion of a qualifying transportation facility is located.

(3) "Asset management" means a systematic process of operating and maintaining the state system of highways by combining engineering practices and analyses with sound business practices and economic theory to achieve cost-effective outcomes, including ordinary, preventive, and rehabilitative maintenance activities.

(4) "Authority" means the Louisiana Transportation Authority created by this Chapter.

(5) "Board" means the board of directors of the authority.

(6) "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 authority to finance projects.

(7) "Comprehensive agreement" means the comprehensive agreement between a private entity and the authority pursuant to the provisions of this Chapter.

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

(9) "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand any portion of a project approved according to the provisions of this Chapter.

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

(11) "I-49 Project" means the project for Interstate 49 North from Interstate 20 in the city of Shreveport to the Louisiana/Arkansas border and Interstate 49 South from Interstate 10 in the city of Lafayette to the West Bank Expressway in the city of New Orleans.

(12) "Material default" means any default by the private entity in the performance of its duties which jeopardizes delivery of adequate service to the public from a qualifying transportation facility and which remains unsatisfied after the authority provides reasonable written notice to the private entity and lapse of a reasonable period of time without correction.

(13) "Multimodal transportation facility"means a transportation facility consisting of two or more modes of transportation.

(14) "Operate" or "operation" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying transportation facility.

(15) "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.

(16) "Private entity" means a corporation, limited partnership, general partnership, limited liability company, joint venture, business trust, or other business entity.

(17) "Project" means any capital project undertaken pursuant to this Chapter, including but not limited to the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, or operation of a tollway and the I-49 Project. "Project" shall not include the roadway known as the West Bank Expressway in Jefferson Parish.

(18) "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.

(19) "Public entity" means and includes the state of Louisiana, or any agency, authority, board, commission, department, district or public corporation of the state, created by the constitution or statute, or any local governmental subdivision or political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana. Public entity shall not include any public service company.

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

(21) "Qualifying transportation facility" means one or more transportation facilities developed or operated by a private entity pursuant to this Chapter.

(22) "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.

(23) "Responsible public entity" means a public entity authorized by the laws of this state to develop or operate a transportation facility.

(24) "Revenue" means:

(a) Any income, revenue, toll, earnings, user fees, lease payments or service payments, and receipts arising out of or in connection with a project or qualifying transportation facility or derived or to be derived from the construction and operation of projects by the authority or received by the authority from any other sources whatsoever.

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

(c) Monies of the authority generated by taxes which are authorized to be assessed and levied by the legislature or any electorate.

(d) Monies transferred to the authority by the state treasurer from the Unclaimed Property Leverage Fund created pursuant to R.S. 9:165.

(e) Monies received from the federal government, public entity, private entity, investor, or from any agency of such entities in aid of a transportation facility.

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

(26) "Service contract" means a contract entered into between the authority and a private entity pursuant to this Chapter.

(27) "Service payments" means payments to the private entity in connection with the development or operation of a qualifying transportation facility pursuant to a service contract.

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

(29) "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 highway system or related facilities, and shall include the I-49 Project.

(30) "State highway system" means all roadways, highways, bridges, or tunnels which constitute the state highway system.

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

(32) "Tollway" means any highway, bridge, tunnel, or other transportation facility constructed or operated by the authority.

(33) "Transitway" means any fixed guideway facility involving the use of rail.

(34) "Transportation facility" means a highway, limited access facility, ferry, airport, mass transit, rail or port facility, or similar facility used for the transportation of persons or goods, together with any buildings, structures, parking areas, appurtenances and other features necessary to operate such facility or associated with its purposes.

(35) "User fees" mean the rates, fees or other charges imposed by the private entity for use of all or a portion of a qualifying transportation facility pursuant to the comprehensive agreement.

Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:250.1 — LA Code / Code revised-statutes / Title 48 / Section 250.1
Structured training program; construction and maintenance personnel
Status: in_force

A. Construction and maintenance employees of the department shall be required to participate in a structured training program as contained in the secretary of the department's Policy and Procedure Memorandum. The department shall provide training at its own expense and shall allow employees to complete training during regular work hours. The department shall notify employees in writing of their training requirements no less than six months prior to the department's review of the employee's record for merit increase purposes.

B. If, in the course of reviewing an employee's record for merit increase purposes, the department discovers that an employee has failed to meet or maintain the department's training requirements, the department shall issue a formal letter of warning to the employee for failing to meet or maintain training requirements. The letter shall include a list of the deficient training requirements and shall give notice to the employee that once the deficient training is completed, the employee's merit increase shall be granted, provided that lack of training is the only reason for withholding the employee's merit increase. The letter shall also include notice to the employee that if the deficient training requirements are not met by the employee's next anniversary date or by the next date the employee is eligible for a merit increase, the employee shall be subject to disciplinary action as authorized by the State Civil Service Commission and civil service rules.

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 77, §1, eff. May 1, 1998; Acts 2006, No. 461, §1, eff. June 15, 2006.
La. Rev. Stat. § 48:1604 — LA Code / Code revised-statutes / Title 48 / Section 1604
Board of commissioners; membership, terms, vacancies
Status: in_force

A.(1) The board of commissioners of the authority shall be composed of seven members to be appointed in the following manner:

(a) One member from each of the three parishes to be appointed by the governing authority of such parish.

(b) One member to be appointed by the governing authority of St. Charles Parish from a list of three nominees submitted by the St. Charles Business Association, one nominee submitted by the River Area Council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.

(c) One member to be appointed by the governing authority of St. James Parish from a list of three nominees submitted by the St. James Business Association, one nominee submitted by the River Area council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.

(d) One member to be appointed by the governing authority of St. John the Baptist Parish from a list of three nominees submitted by the St. John Business Association, one nominee submitted by the River Area Council of the New Orleans Regional Chamber of Commerce, and three nominees submitted by the Louisiana AFL-CIO.

(e) One at-large member representing the local workforce development board and appointed by a majority vote of the three parishes.

(2) Each commissioner must be domiciled within the parish from which he is appointed, except for the one at-large member representing the workforce development board, who must be domiciled within the state.

(3) All commissioners shall be subject to confirmation by the Senate.

B. Such appointees may be either elected public officials or citizens holding no other public office, or both. Appointees to any agency, board, or commission of any of the parishes shall not be deemed as holding any other public office, provided such appointee shall not receive per diem from any such agency, board or commission.

C. All initial terms shall begin September 15, 1999. After the initial terms have expired, appointments shall be concurrent with the terms of the appointing authority, except that a vacancy shall be filled for the unexpired portion of the term by the authority which made the original appointment. A member of the authority may be appointed by the appropriate authority to succeed himself.

D. Members of the board may be removed for just and reasonable cause at the discretion of the respective appointing authority. In case of abandonment of his office, conviction of a felony or a plea of nolo contendere thereto, the office of a member shall be vacant upon the declaration of the board. A member shall be deemed to have abandoned his office upon failure to attend any regular or special meeting of the board for a period of four months without an excuse approved by a resolution of the board, or upon change of his domicile from the parish which he represents on the authority.

E. The board may establish a system by which each board member shall receive per diem or where the members shall be reimbursed for actual expenses incurred by him in the performance of his duties, as approved by the board. A board member who is not an employee in the state civil service system shall not be allowed employee benefits as authorized under Subsection J of this Section.

F. The board shall elect from its members a chairman and vice chairman for terms to expire on December thirty-first of each year. The presiding officer of the board may continue to vote as any other member, notwithstanding his duties as presiding officer, if he so desires.

G.(1) The board shall hold at least one meeting each month. The secretary of the board shall give written notice to each member of the board at least five days prior to any meeting. The secretary shall be informed of any meeting to enable him to give notice as above.

(2) A quorum shall consist of five members. A quorum may exercise all the powers and perform all the duties of the board, except as otherwise provided or as limited by its bylaws. No vacancy in the original membership of the board or thereafter shall impair the power of the board to act. All meetings of the board, its executive committee, or any committee appointed by the board, at which any official business is transacted shall be open to the public, and the minutes of the meetings and any documents or reports which are a part of or are referred to in the minutes shall be open to public inspection in accordance with reasonable rules and regulations prescribed by the board. The board shall furnish certified copies of such public records upon written request and upon payment of a reasonable charge therefor.

H. The board shall appoint and employ, as needed, a general manager and his assistant, a secretary, a treasurer, and a general counsel, none of whom may be members of the board or a relative of a member of the board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for the conduct of its own affairs, not inconsistent with this Chapter, including the establishment of an executive committee to exercise such authority as its bylaws may prescribe.

I. The treasurer of the authority and such other officer and employees of the authority and such members of the board as the board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure or closing of any depository which has been approved as a depository for public funds.

J. All permanent employees of the authority, other than the commissioners, the secretary, the treasurer, the general counsel, and the general manager and his assistant shall be classified employees in the state civil service system and as such shall be eligible to participate in the Louisiana State Employees' Retirement System; however, no part-time employee shall participate in group insurance or retirement benefits. Consultants or other persons or groups furnishing services under contract, including but not limited to managerial, engineering, planning, or legal services, shall not be an employee of the state civil service system regardless of the length of their contracts or the nature of the services rendered.

Added by Acts 1976, No. 638, §1; Acts 1999, No. 1371, §1; Acts 2015, No. 426, §5; Acts 2016, No. 614, §3.
La. Rev. Stat. § 48:633 — LA Code / Code revised-statutes / Title 48 / Section 633
Due date of certificates; interest rate
Status: in_force

The certificates of indebtedness shall be made due and payable annually not later than March 1st of the years following that for which the special taxes shall be dedicated and set aside. They shall bear interest at a rate of not more than six per cent per year.
La. Rev. Stat. § 48:451.6 — LA Code / Code revised-statutes / Title 48 / Section 451.6
Procedure in general
Status: in_force

In cases to be tried by jury, six jurors summoned in accordance with law shall be chosen by lot to try the case. The method of calling and drawing by lot shall be at the discretion of the court.

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:880 — LA Code / Code revised-statutes / Title 48 / Section 880
Designation of depository
Status: in_force

Except as is otherwise provided in this Sub-part, the governing authority of the parish may provide by resolution or by trust indenture for the payment of the proceeds of the sale of the bonds and the revenues of the bridges to an officer, board, or depository named by it for the custody thereof. The parish shall provide for the method of disbursement thereof, with such safeguards and restrictions as it determines.

Any bank or trust company incorporated under the laws of this state may act as depository of the proceeds of the bonds or revenues of the bridges or of other moneys pertaining thereto. They may furnish such indemnifying bonds or pledge securities as required by the governing authority of the parish.
La. Rev. Stat. § 48:390 — LA Code / Code revised-statutes / Title 48 / Section 390
Railroad grade crossing improvement and elimination; notification
Status: in_force

A. The secretary shall complete a study of all public railroad grade crossings to establish priorities for improvement, relocation, or closure in compliance with federal guidelines and shall develop a prioritized plan for implementing railroad grade crossing improvements, relocations or closures pursuant to 23 USC 130, known as the Federal Railroad Crossing Safety Program. The priority list shall be annually revised to reflect any changes made under the provisions of this Section. The department's plan shall be conducted in accordance with federal guidelines and Title 23 of the Code of Federal Regulations Part 646 relative to railroad-highway projects.

B.(1) The department, when it determines that it is necessary for the safety of the public, may improve, change the location of or abolish any existing public grade crossing on any state-maintained highway; however, prior to taking such action, the department shall take the following actions:

(a) Notify any and all affected persons owning land that is within a two- mile radius of the public grade crossing proposed to be improved, changed, or closed.

(b) Post a notice at the grade crossing proposed to be improved, changed, or closed.

(2) No provisions of this Section shall impose any liabilities of any nature upon the state of Louisiana or any agency thereof, nor shall any action or omission of the department be discoverable or admissible in any state court in Louisiana, and no record or document of the department compiled or prepared in connection with actions taken by the department pursuant to this Section, R.S. 48:390.1 or 23 U.S.C. 130 shall be discoverable or admissible in any state court in Louisiana.

C. - E. Repealed by Acts 2005, No. 347, §2.

F. No railroad company operating in this state shall be authorized to close any public railroad grade crossing along Louisiana Highway 23 in Jefferson and Plaquemines parishes before December 31, 2006, and no such closure of a public railroad grade crossing along this route shall be closed unless the closure of such crossing has been deemed necessary by the Department of Transportation and Development pursuant to an evaluation conducted in accordance with the provisions of this Section or R.S. 48:390.1.

G.(1) Notwithstanding the provisions of this Section, R.S. 48:390.1, or any other provision of law or rule to the contrary, the closing of a railroad grade crossing by a railroad company shall not be considered interruption for purposes of acquisitive prescription, and any crossing closed by a railroad since January 1, 2006, shall be re-opened upon the attainment of thirty years peaceful and otherwise uninterrupted use or possession of servitude of use or passage across the railroad grade crossing with or without just title.

(2) For the purposes of this Subsection, a crossing shall include a private rural residence or agricultural crossing or other means of access over the railroad right-of-way.

H.(1) A railroad corporation owning or operating a railway in this state, which is constructed across the land of any person leaving a portion of the land of such person on either side of its right-of-way, shall, when ordered to by the commissioner of the Department of Agriculture and Forestry, allow said crossing to remain open at a private rural residence or agricultural crossing or other means of access over its right-of-way.

(2) The Department of Agriculture and Forestry shall promulgate rules and regulations for the implementation of this Subsection no later than January 1, 2009.

I. The department shall, no later than December 31, 2012, promulgate rules and regulations pursuant to the Administrative Procedure Act and subject to oversight of the House and Senate committees on transportation, highways, and public works, to implement the provisions of Subsections A, B, F, and G of this Section, including but not limited to notice, whom to notify, methods of notice, and posting requirements.

Acts 1998, 1st Ex. Sess., No. 78, §1; Acts 2005, No. 347, §§1, 2; Acts 2008, No. 718, §1, eff. July 6, 2008; Acts 2008, No. 773, §1; Acts 2012, No. 406, §1.
La. Rev. Stat. § 48:952 — LA Code / Code revised-statutes / Title 48 / Section 952
Rules and regulations
Status: in_force

The highway department may make and enforce all reasonable rules and regulations not inconsistent with this Part which are proper and suitable for the protection of the bridges, and the approaches and appurtenances thereto and for the safety of the traveling public.
La. Rev. Stat. § 48:461.1 — LA Code / Code revised-statutes / Title 48 / Section 461.1
Terms defined
Status: in_force

(1) "Automobile graveyard" means any establishment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(2) "Conforming out-of-standard signs" means existing signs that fail to meet the current statutory and administrative rule requirements for outdoor advertising relative to spacing but comply with all of the terms of the Federal-State Agreement and meet all other statutory and administrative rule requirements that govern outdoor advertising under provisions of state law.

(3) "Federal-State Agreement" means the agreement entered into on January 31, 1972, by and between the United States of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator and the Louisiana Department of Transportation and Development entitled, "Carrying Out National Policy Relative to Control of Outdoor Advertising In Areas Adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System".

(4) "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the department may consider desirable.

(5) "Interstate System" means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the department and approved by the Secretary of Commerce pursuant to the provisions of Title 23, United States Code 1 .

(6) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(7) "Junkyard" means any establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

(8) "Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of which advertising or information content is visible from any place on the main-traveled way of the interstate or primary systems.

(9) "Primary System" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department and approved by the Secretary of Commerce pursuant to the provisions of Title 23, United States Code 1 .

(10) "Reset" means the movement of a sign structure from one location to another location maintaining the same log mile or mile post location, as authorized by a sign permit amendment and the terms of an executed written partial waiver and reset agreement between the permit owner and the Louisiana Department of Transportation and Development.

(11) "Safety rest area" means an area or site established and maintained within or adjacent to the right of way by the department for the convenience of the traveling public.

(12) "Urban area" means an urbanized area or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the United States Secretary of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.

Added by Acts 1966, No. 474, §1. Amended by Acts 1975, No. 617, §1; Acts 2010, No. 616, §1.

1 23 U.S.C.A. §101 et seq.
La. Rev. Stat. § 48:250.3 — LA Code / Code revised-statutes / Title 48 / Section 250.3
Design-build contracts; qualifications of design-build entities; public announcement procedures; letters of interest; selection of short list; bid proposals by competitors; qualifications evaluation committee; proposal review committee; selection and process of award
Status: in_force

A. For purposes of this Section, "design-builder" means the entity contractually responsible for delivering the project design and construction.

B.(1) Each design-builder shall employ or have as a partner a member, coventurer, subcontractor persons, or a firm with persons, who are duly licensed and registered to provide the services required to complete the project and do business in this state.

(2)(a) All registrations and licenses for each component shall be obtained prior to or concurrent with award of the project to the selected design-builder by the department.

(b) The standard professional engineer and land surveyor qualifications as provided for in R.S. 37:681 et seq., the rules and regulations of the Louisiana Professional Engineering and Land Surveying Board, and the department's standard technical qualification requirements for firms providing professional engineering and land surveying services as provided for in R.S. 48:290 shall apply to the components providing design services.

(c) The standard contractor qualifications as provided for in R.S. 37:2150 et seq. and the current rules and regulations of the State Licensing Board for Contractors shall apply to the component providing construction services utilized by the design-builder, based upon the applicable categories for the specific project.

C. A "notice of intent" (NOI) to request letters of interest for a design-build project or for a pool of prequalified design-builders that shall remain prequalified for up to two years shall be distributed by the department through advertisement on the Department of Transportation and Development's internet webpage. All NOIs shall be advertised a minimum of ten days prior to the deadline for receipt of responses. The NOI shall contain a description of the project or type of work and sufficient information for a design-builder to determine its interest and to enable it to submit a letter of interest. The department may readvertise the NOI using additional media or publications in an attempt to solicit additional responses if the number of responses received by the department is inadequate.

D. The department shall provide a "request for qualifications" (RFQ) to design-builders who submit a letter of interest. The department shall identify all required information in the RFQ and in the standard response forms provided by the department. Any response that fails to meet all requirements contained in the RFQ may not be considered by the department. False or misrepresented information furnished in response to an RFQ shall be grounds for rejection by the department. The response to the RFQ shall include both of the following:

(1) Statements of qualification by credentials and experience of design component members for the areas of expertise specific to the project or type of work.

(2) Statements of qualification by experience and resources of the construction team component.

E.(1) The assistant secretary for project delivery, with concurrence of the secretary, shall establish a design-build qualifications evaluation committee for evaluation of the responses to the request for qualifications received by the department. The following general criteria used by the committee in evaluating responses shall apply to both the design and construction components of any responding entity:

(a) Experience of both the design and construction entity components and of key personnel related to the project or type of work under consideration.

(b) Past performance on department projects.

(c) Any project-specific criteria that may apply to project needs.

(2) The qualifications evaluation committee shall evaluate the qualifications of responding design-builders on the basis of the criteria identified in the request for qualifications and set forth in this Subsection and shall select a short list of the highest rated entities in a number to be determined by the department. If fewer than three responses are received, the secretary or designated representative may approve proceeding with the design-build process. The qualifications evaluation committee may, at its discretion, be assisted by other department personnel in its evaluation of an entity's qualifications. The design-build qualifications evaluation committee shall present its short list to the chief engineer and the assistant secretary for project delivery for recommendation to the secretary. The shortlisted entities shall be invited by the secretary or designated representative to submit a detailed technical and cost proposal for the design-build project. The invitation to the shortlisted entities shall specify a deadline for submission of proposals.

F.(1) Depending upon the complexity of the project and the degree of flexibility in the approach to design and construction methods, the specific requirements of the technical proposal shall be identified by the department to the entities making the short list by means of a " Request for Proposal" (RFP). Generally, the "Request for Proposal" (RFP) shall request design strategy and preliminary design concepts, construction sequencing, techniques, materials, and methods, the schedule for commencement and completion of all phases of work, and a lump sum cost for all services in fulfillment of the requirements and within the constraints of the "Request for Proposal".

(2) For more complex projects and projects with scopes which permit flexibility and innovation in the design and construction approach, the department may compensate unsuccessful and responsive short-listed design-builders for the expense of preparing the proposal. The amount of compensation to be paid, if any, for the proposal shall be predetermined by the department and shall be included in the department's request for proposal (RFP). The department may by plan change use concepts submitted by compensated short-listed design-build proposers.

G. The assistant secretary for project delivery, with concurrence of the secretary, shall establish a proposal review committee for evaluation of design-build proposals. The proposal review committee shall be identified in the request for proposals (RFP). The assistant secretary for project delivery, with concurrence of the secretary, shall assign a project manager, who shall become the chairman of the proposal review committee for the project. The RFP shall identify technical elements of the project, depending on the characteristics of the project, to be included in the technical score. Additionally, the assistant secretary for project delivery, with concurrence of the secretary, may select additional department engineering and technical experts, and nationally recognized design-build experts to serve as committee members to score each technical element of the project. Members of the proposal review committee shall not have served as members of the qualifications evaluation committee. Each member of the proposal review committee shall make his scoring of assigned elements available for public review. Such scores shall be considered public record.

H.(1) An adjusted score approach shall be used by the department in determining the winning proposal. An adjusted score shall be determined using the following three components:

(a)(i) The technical score determined by the proposal review committee. Weighing factors may be assigned to each element depending on its relative magnitude or significance to the overall project. Each proposal review committee member shall rate his assigned element of the proposal from each of the entities on the short list and shall submit such scores to the chairman of the proposal review committee. The schedule and price bid shall not be made known to the proposal review committee during the scoring process. The chairman of the proposal review committee shall adjust the scores for any applicable weighing factors and shall determine the total technical score for each proposal.

(ii) Prior to determining the adjusted score, the chairman of the proposal review committee shall notify each design-build proposer, in writing, of each proposer's final total technical score.

(b) The time value, consisting of the product of the proposed contract time expressed in calendar days multiplied by the value-per-calendar-day expressed in dollars established by the department and included in the request for proposal.

(c) The price proposal.

(2) The winning proposal shall be the proposal with the lowest adjusted score. The adjusted score for each entity's design-build proposal shall be determined by the following formula: Adjusted Score = (Price Bid + Time Value) divided by Technical Score. If the Time Value is not used, the Adjusted Score shall be determined by the following formula: Adjusted Score = Price Bid divided by Technical Score.

Acts 2004, No. 81, §1; Acts 2006, No. 305, §1; Acts 2009, No. 262, §1, eff. July 1, 2009; Acts 2021, No. 346, §1, eff. June 15, 2021; Acts 2023, No. 246, §1; Acts 2025, No. 380, §1.
La. Rev. Stat. § 48:2024 — LA Code / Code revised-statutes / Title 48 / Section 2024
Directors
Status: in_force

A. The board of the authority shall consist of such directors as are specified in the articles of incorporation of the authority, provided the board shall consist of at least five directors, including the secretary of the department or his designee, and, if any one or more of the parishes or municipalities are within the territorial jurisdiction of the metropolitan planning organization, the chairman of the metropolitan planning organization or his designee.

B. All directors, other than the secretary of the department and the chairman of the metropolitan planning organization, shall be appointed by the parish or municipality forming the authority, if there is only one. If more than one parish, municipality, or any combination of parishes and municipalities is involved in forming an authority, each parish or municipality shall appoint an equal number of directors.

C. An authority shall elect from its directors a chairman, a vice chairman, and a secretary-treasurer who shall serve one-year terms. Where more than one parish or municipality is involved in the formation of an authority, the chairmanship for each successive term shall be alternated among the representatives of all participating parishes and municipalities.

D. Any vacancy which occurs prior to the expiration of a term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term as set forth in the articles of incorporation or bylaws of the authority.

E. Upon the effective date of an appointment, or as soon as practicable thereafter, each appointed member shall enter upon his duties. A member shall hold office until a successor has been appointed. Any member of the authority is eligible for reappointment.

F. All directors shall have equal status, and all directors shall have a vote.

G. The presence of a majority of the board shall constitute a quorum, and the vote of a majority present and voting shall be necessary for any action taken by the board.

H. A vacancy on the board shall not impair the right of a quorum to exercise a right or perform a duty of the board.

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:1256 — LA Code / Code revised-statutes / Title 48 / Section 1256
Incidental powers
Status: in_force

A. The authority shall have the power to construct and reconstruct traffic circles, interchanges and grade separations at intersection of any project with public roads, grade separations at intersections with railroads, and to change and adjust the lines and grades of such public roads so as to accommodate the same to the design of such grade separation. The cost of such construction and any damage incurred in changing and adjusting the lines and grades of such roads shall be ascertained and paid by the authority as a part of the cost of such project. The authority shall not interrupt the flow of traffic on any established state highway; and any approaches, underpasses or overpasses necessary to avoid the interruption of the flow of such traffic shall be constructed at the expense of the authority.

B. If the authority shall find it necessary in connection with any project to change the location of any portion of any public road, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original road. The cost of such reconstruction and any damage incurred in changing the location of any such road shall be ascertained and paid by the authority as a part of the cost of such project.

C. If the discontinuance or vacation of any public road is required by the construction of any project, such discontinuance or vacation may be effected on application of the authority in the manner now provided by the applicable statutes of the state of Louisiana and where such statutes provide for damage, and damages awarded on account thereof shall be paid by the authority as a part of the cost of such project.

D. The authority 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 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. The authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as result of such activities.

E. The authority shall also have power to make reasonable regulations, including, but not by way of limitation, the authority to grant easements for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracts, pipes, pipe lines, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, of any public utility, or pipe line company, or of any corporation or person owning or operating pipe lines in, on, along, over, or under any project. Whenever the authority shall determine that it is necessary that any such facilities which now are, or hereafter may be located in, on, along, over or under any project should be relocated on such project or should be removed from such project, the public utility, corporation, or person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority, provided that the cost and expense of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands or any rights or interests in lands, or any other rights acquired to accomplish such relocation or removal shall be ascertained and paid by the authority as a part of the cost of such project. In case of any such relocation or removal of facilities, the public utility, corporation, or person owning or operating the same, its successors or assigns, may maintain and operate such 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 it had the right to maintain and operate such facilities in their former location or locations.

F. The Expressway Authority shall construct or provide underpasses or overpasses for the passage of livestock and vehicles under said turnpike at such intervals as it may deem necessary.

Acts 1954, No. 232, §6.
La. Rev. Stat. § 48:251.3 — LA Code / Code revised-statutes / Title 48 / Section 251.3
Prescription; claims by contractors; surety
Status: in_force

Any action arising out of or related to a department contract or on the bond furnished by a contractor shall prescribe five years from recordation of the acceptance of such contract or of notice of default of the contractor or other termination of the contract, whichever occurs first. Any action which would be extinguished by the provisions of this Section may be brought within one year of July 14, 1997.

Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:256.1 — LA Code / Code revised-statutes / Title 48 / Section 256.1
Highway construction contracts; retained amounts; retainage bonds
Status: in_force

A.(1) The Department of Transportation and Development shall insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto or any other Department of Transportation and Development facility, providing for the retainage of amounts constituting a percentage of the gross value of the completed work as may be provided for in the contract. Retained amounts for projects which cost less than five hundred thousand dollars shall not exceed ten percent of the gross value of the completed work. Retained amounts for projects which cost five hundred thousand dollars or more shall not exceed five percent of the gross value of the completed work.

(2) Final payment of the retained amounts to the contractor under the contract to which the retained amount relates shall be made after certification by the secretary or his duly appointed designee that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications, and forty-five days have lapsed from filing the notice of final acceptance with the office of the recorder of mortgages in the parish where the work has been done. Any interest earned on the retained amounts shall be credited to the Transportation Trust Fund.

B, C. Repealed by Acts 2001, No. 413, §2.

D. If the contractor furnishes the department a retainage bond equal to ten percent of the contract amount for projects less than five hundred thousand dollars or five percent of the contract amount for projects five hundred thousand dollars or more, the department shall not withhold retainage.

Added by Acts 1975, No. 661, §1. Amended by Acts 1977, No. 291, §1; Acts 1977, 1st Ex.Sess., No. 14, §1, eff. 12:01 a.m., Sept. 9, 1977; Acts 1986, No. 579, §1; Acts 1986, No. 656, §1; Acts 1986, No. 881, §1; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 27, §1, eff. April 24, 1998; Acts 2001, No. 413, §§1 and 2.
La. Rev. Stat. § 48:1452 — LA Code / Code revised-statutes / Title 48 / Section 1452
Declaration of policy
Status: in_force

The area comprising East Baton Rouge Parish and surrounding parishes has developed and continues to develop into a metropolitan area with a common interest in the cultural, social, and economic well-being of its people. This area has serious congestion, traffic, and air quality problems, which impede and will increasingly impede the development of these common interests to their fullest potential. It is therefore the public policy of this state to promote the establishment of a joint transit instrumentality, encourage participation in it by the local governments involved, and facilitate the accomplishment of its purposes.

Acts 2005, No. 463, §1, eff. Jan.1, 2006.
La. Rev. Stat. § 48:295.2 — LA Code / Code revised-statutes / Title 48 / Section 295.2
Authority to debar or to suspend
Status: in_force

A. Applicability. This Section applies to a debarment for cause from consideration for awarding of contracts and participating in performance of contracts as a contractor, subcontractor, consultant, or subconsultant or a suspension from consideration during an investigation where there is probable cause for debarment.

B. Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the debarment committee shall have authority to suspend or debar and may suspend or debar a person for cause from consideration for awarding of a contract or participating in any manner in department projects pursuant to rules and regulations as promulgated by the department, provided that doing so is in the best interest of the department. The causes for debarment are set forth in Subsection C of this Section. The period of debarment shall not exceed three years from the finality of the debarment. The suspension shall not exceed six months. The authority to debar or suspend shall be exercised only after notice and hearing in accordance with the provisions of Subsection D of this Section.

C. Causes for debarment. The debarment committee may debar a contractor, subcontractor, consultant, or subconsultant for any of the following causes:

(1) For final conviction of or final unappealable civil judgment for:

(a) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract.

(b) Violation of federal or state antitrust statutes relating to the submission of offers.

(c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

(d) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.

(2) Upon a preponderance of the evidence for any of the following purposes:

(a) Violation of the terms of a government contract or subcontract so serious as to justify debarment, including but not limited to:

(i) Willful failure to perform in accordance with the terms of one or more contracts.

(ii) A history of failure to perform, or of unsatisfactory performance of one or more contracts.

(iii) Willful failure to perform, or a history of unsatisfactory performance of any contract obligations regarding disadvantaged business enterprise participation in department contracts under the state or federal programs concerning disadvantaged business enterprises.

(iv) Use of substandard materials or failure to furnish or install materials in accordance with the contract in a department project, even if the discovery of the defect is subsequent to acceptance of the project and expiration of the warranty thereof, if such defect amounts to intentionally deficient or grossly negligent performance of the contract under which the defect was a consequence.

(b) Violation of the Drug-Free Workplace Act of 1988 (Public Law 100-690) as indicated by:

(i) The offerer's submission of a false certification.

(ii) The contractor's or subcontractor's or consultant's or subconsultant's failure to comply with its certification.

(iii) Such number of a contractor's or subcontractor's or consultant's or subconsultant's employees having been convicted of violations of criminal drug statutes occurring in the workplace indicating that the contractor, subcontractor, consultant, or subconsultant has failed to make a good faith effort to provide a drug-free workplace.

(c) Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor, subcontractor, consultant, or subconsultant including debarment by another governmental entity for any cause listed in this Subsection or the regulations.

D. Hearing and decision.

(1)(a) Initiation of hearing. A debarment or suspension hearing shall be initiated by issuance of written notice to the contractor by the debarment committee.

(b) Notice of hearing. Written notice to the contractor shall include all of the following:

(i) A statement of the time, place, and nature of the hearing.

(ii) A statement of the legal authority and jurisdiction for the hearing.

(iii) A reference to the particular cause for debarment or suspension as set forth in Subsection C of this Section.

(iv) A short, plain, and concise statement of the cause for debarment or suspension.

(v) A statement that failure to participate in the hearing shall serve to waive any and all further administrative remedies.

(c) Hearing.

(i) The debarment committee shall afford the contractor an opportunity to respond and present evidence on issues of fact relevant to the proposed suspension or debarment.

(ii) The debarment committee may, in its discretion, request written statements of the department's position from the department. A copy of such written statement submitted by the department shall be provided to the contractor.

(iii) Informal disposition may be made of any proposed suspension or debarment by stipulation, agreed settlement, consent order, or default.

(d) Record.

The hearing record shall contain:

(i) A copy of the written notice of hearing.

(ii) A return of the service of notice to the contractor of the hearing.

(iii) A transcript of the proceedings before the debarment committee.

(iv) Any document or exhibit presented for consideration to the debarment committee by the contractor or the department.

(v) Any decision, opinion, or reports rendered by the debarment committee.

(e) The debarment committee shall have all proceedings before it recorded electronically at the cost of the department.

(f) Findings of fact made by the debarment committee shall be based exclusively on the hearing evidence and on matters in the notice of hearing.

(2) The debarment committee shall issue a written decision to debar or suspend. The decision shall provide all of the following:

(a) State the reasons for the action taken.

(b) Inform the debarred or suspended contractor, subcontractor, consultant, or subconsultant involved of its rights to administrative and judicial review as provided in this Part.

E. Copy of decision. A copy of both the debarment or suspension hearing notice and the decision under Subsection D of this Section shall be served by certified mail, return receipt requested, or registered mail, mailed to the contractor at the address on file with the contractor's licensing authority. A decision may also be furnished immediately to the debarred or suspended person and any other intervening party.

F. Finality of decision. A decision under Subsection D of this Section shall be final and conclusive unless either of the following occurs:

(1) The decision is fraudulent.

(2) The debarred or suspended contractor, subcontractor, consultant, or subconsultant has timely appealed administratively to the secretary in accordance with R.S. 48:295.3.

G. A contractor disqualified as required by the provisions of this Section may apply for requalification after three years from the date of disqualification. Rules and regulations for requalification of contractors shall be promulgated by the department in accordance with the Administrative Procedure Act.

Acts 1993, No. 879, §1, eff. June 23, 1993; Acts 1999, No. 1235, §1.
La. Rev. Stat. § 48:229 — LA Code / Code revised-statutes / Title 48 / Section 229
Repealed by Acts 2015, No. 355, §2. eff. March 14, 2016.
Status: repealed

Added by Acts 1974, No. 334, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 1999, No. 654, §1, eff. July 1, 1999; Acts 2001, No. 1032, §16; Acts 2003, No. 741, §1; Acts 2004, No. 171, §1, eff. June 10, 2004; Acts 2013, No. 109, §1; Acts 2015, No. 355, §2, eff. March 14, 2016.
La. Rev. Stat. § 48:2178 — LA Code / Code revised-statutes / Title 48 / Section 2178
Right of public agencies to material
Status: in_force

Any compact created pursuant to this Chapter shall be subject to and fully comply with the Public Records Law (R.S. 44:1 et seq.) and the Open Meetings Law (R.S. 42:11 et seq.) of the state. The proceedings and documents of a compact shall be public record. All reports, maps, or other technical documents produced in whole or in part by a compact may be utilized by the department or any other public agency in any manner that they deem necessary and advisable in the conduct of their duties.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:995 — LA Code / Code revised-statutes / Title 48 / Section 995
Unlawful crossing in Orleans
Status: in_force

In the parish of Orleans, whoever unlawfully crosses passengers for hire within the territorial limits exclusively assigned to any ferry under its franchise or charter shall for each offense be fined not more than fifty dollars or imprisoned for not less than five days nor more than thirty days, or both.
La. Rev. Stat. § 48:1161.1 — LA Code / Code revised-statutes / Title 48 / Section 1161.1
Abolition of Mississippi River Bridge Authority; merger and consolidation of bridge and ferry functions in Department of Transportation and Development
Status: in_force

The Mississippi River Bridge Authority is hereby abolished, effective January 1, 2013, and all of its powers, duties, functions, immunities, restrictions, and exemptions from taxation under any laws and particularly under the effective provisions of Act 7 of 1952, Act 402 of 1976, Act 204 of 1980, Act 329 of 1981, Act 522 of 1984, Act 762 of 1988, and Act 315 of 1989, are transferred to the Department of Transportation and Development effective January 1, 2013, and after such date the department shall have and exercise all of the executive and administrative functions provided for by the constitution or laws with respect to the Mississippi River Bridge Authority herein abolished.

Acts 2012, No. 866, §2, eff. Jan. 1, 2013.
La. Rev. Stat. § 48:2094 — LA Code / Code revised-statutes / Title 48 / Section 2094
Lafayette Metropolitan Expressway Commission; creation; board of directors; meetings; quorum
Status: in_force

A. The Lafayette Metropolitan Expressway Commission, hereafter referred to as the "commission", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain any limited access tollway or transitway to be constructed within its jurisdiction.

B. The domicile of the commission shall be Lafayette Parish.

C. The board shall be composed of eleven directors who shall be the governing body of the commission with full power to promulgate rules and regulations for the maintenance and operation of said authority as follows:

(1) Two members appointed by the Lafayette Economic Development Authority.

(2) Two members appointed by the Greater Lafayette Chamber of Commerce.

(3) Two members appointed by the University of Louisiana-Lafayette.

(4) One member appointed by the city/parish president of the Lafayette consolidated government.

(5) Two members appointed by the secretary of the Louisiana Department of Transportation and Development, one of whom shall be the District-03 engineer.

(6) One member appointed by the chief executive officer of the incorporated areas of the parish other than the city of Lafayette.

(7) One member appointed by the governing authority of the Lafayette consolidated government.

D. The directors shall take and subscribe to the oath of office required of public officials. Appointed directors shall serve until their successors are appointed and sworn into office. Directors may be removed from office for cause by a district court having jurisdiction.

E. A majority of the directors shall constitute a quorum for the transaction of official business. All official actions of the commission shall require an affirmative vote of the directors present and voting at any meeting.

F. Directors of the commission shall not receive any salary for the performance of their duties as directors. Appointed directors may be reimbursed for mileage expenses incurred for attendance at meetings of the commission. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.

G. The commission should meet at least quarterly and may meet more frequently upon call of the chairman.

H. The boundary and jurisdiction of the commission shall be coextensive with the boundaries of Lafayette Parish, Louisiana.

I. The commission created pursuant to this Chapter and all directors thereof shall be subject to the provisions of R.S. 42:1101 et seq.

J. The commission may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the commission.

Acts 2003, No. 893, §1, eff. July 1, 2003.
La. Rev. Stat. § 48:2021 — LA Code / Code revised-statutes / Title 48 / Section 2021
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 Transportation Development Act.

(2) "Authority" means any transportation authority formed pursuant to this Chapter or any successor thereto.

(3) "Board" means the board of directors of an authority.

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

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

(6) "Municipal-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 municipal street system or related facilities.

(7) "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 system or related facilities.

(8) "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 tollway which is a new roadway, path, highway, transitway, bridge, tunnel, or other paved surface or structure specifically designed as a land vehicle transportation route, or a substantial reconstruction of an existing route, related facilities, or any portion thereof, including a state-designated project.

(9) "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 an authority for such 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; cost of plans, specifications, surveys; estimates of cost and of revenues; other expenses necessary or incidental to determining the feasibility or practicability of constructing a project; administrative expenses, and such other expenses as may be necessary or incidental to the construction of a project; and the financing of such construction and the placing of a project in operation. Any obligation or expenses hereafter incurred by the department, with the approval of an authority, 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.

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

(11) "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 and/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.

(12) "Revenue" means:

(a) All income, revenues, tolls, and receipts derived or to be derived from a project owned, leased, maintained, operated or otherwise received by an authority 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 authority 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 the legislature or any electorate.

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

(14) "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 highway system or related facilities.

(15) "State highway system" means all roadways, highways, bridges, or tunnels which constitute the state highway system.

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

(17) "Tollway" means any roadway, path, highway, transitway, bridge, tunnel, or other paved surface or structure specifically designed as a land vehicle transportation route for which a toll will be collected.

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

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:2136 — LA Code / Code revised-statutes / Title 48 / Section 2136
Feasibility; advice
Status: in_force

A. The authority, through the board, may construct projects under the terms and conditions set forth in this Chapter. The board may conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.

B. The Ouachita Council of Governments, and all subcommittees thereof, shall serve in an advisory capacity to the board relative to any project or projects contemplated by or to be undertaken by the authority.

Acts 2007, No. 329, §1.
La. Rev. Stat. § 48:911 — LA Code / Code revised-statutes / Title 48 / Section 911
Application of Sub-part
Status: in_force

Wherever Sub-part B of this Part applies, this Sub-part has no application.
La. Rev. Stat. § 48:1280 — LA Code / Code revised-statutes / Title 48 / Section 1280
Additional method
Status: in_force

The foregoing Sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of expressway revenue bonds or expressway revenue refunding bonds under the provisions of this Chapter need not comply with the requirements of any other law applicable to the issuance of bonds, except as provided in this Chapter.

Acts 1954, No. 232, §30.
La. Rev. Stat. § 48:1405 — LA Code / Code revised-statutes / Title 48 / Section 1405
Compensation; expenses
Status: in_force

The members of said commission shall serve without compensation for their services, but they shall be entitled to reimbursement for actual expenses incurred in the performance of their duties as authorized by the Commission.

Acts 1968, No. 232, §5.
La. Rev. Stat. § 48:442.1 — LA Code / Code revised-statutes / Title 48 / Section 442.1
Contents of petition for expropriation; property needed for design-build projects; place of filing
Status: in_force

Notwithstanding the provisions of R.S. 48:442, the rights of expropriation granted by this Part shall be exercised for design-build projects authorized according to the provisions of R.S. 48:250.2 in the following manner:

(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides. If the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.

(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvement thereon, if any, and the name of the owner or owners as shown in the public records.

(3) The petition shall have annexed thereto the following:

(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.

(b) A certificate signed by the chief engineer or, in his absence, his chief assistant, declaring that he has fixed the right-of-way in a manner sufficient in his judgment to provide presently and in the future for the public interest, safety, and convenience of the traveling public and has made a determination of the amount and location of the property required for the purposes set forth in the petition and that in his opinion the property is neither excessive or inadequate for such purposes.

(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be, the methodology used in the estimate, and all of the information required by R.S. 48:443 relative to estimators. It shall be signed by those who made the estimate, showing the capacity in which they acted and the date on which it was made. The real estate administrator or his designated representative shall signify his approval on the face thereof. It shall not be grounds to dismiss the taking if it is shown that the estimate is or may be less than the full extent of the owner's loss or that the estimate was made without consideration of final plans.

Acts 2005, 1st Ex. Sess., No. 43, §1, eff. Dec. 6, 2005.
La. Rev. Stat. § 48:2159 — LA Code / Code revised-statutes / Title 48 / Section 2159
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, or removal of any public utility, railroad, or pipeline, 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 a commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.

Acts 2009, No. 518, §1, eff. July 10, 2009.
La. Rev. Stat. § 48:78 — LA Code / Code revised-statutes / Title 48 / Section 78
Transportation Trust Fund; limitations on appropriations; limitations on utilization
Status: in_force

A. In no event shall monies in the Transportation Trust Fund established in the Constitution of Louisiana be appropriated, dedicated, or otherwise used, directly or indirectly, for the payment of judgments or settlements by any state agency in matters arising in tort, or road hazard insurance, or for any other items inconsistent with highway and infrastructure construction, operations, and maintenance.

B. In any given fiscal year, monies appropriated for ports, the Parish Transportation Fund, or its successor, and the Statewide Flood-Control Program, or its successor, and state police out of the Transportation Trust Fund shall not exceed twenty percent annually of the monies deposited in the Transportation Trust Fund from any source, including but not limited to state-generated tax monies or fees deposited pursuant to R.S. 32:387, penalties or fees deposited pursuant to R.S. 32:388, or earnings realized on the investment of monies in the Transportation Trust Fund deposited in and credited to the Transportation Trust Fund.

C.(1) For Fiscal Year 2015-2016, no more than forty-five million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.

(2) For Fiscal Year 2016-2017, no more than twenty million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.

(3) For Fiscal Year 2017-2018 and thereafter, no more than ten million dollars of Transportation Trust Fund monies may be utilized by the Department of Public Safety and Corrections, office of state police.*

Acts 1990, No. 1024, §1; Acts 2015, No. 380, §2.

* Act 720 of the 2018 Regular Session (Const. Amend.) removed the authority to appropriate funds from the Transportation Trust Fund for state police traffic control purposes.
La. Rev. Stat. § 48:2134 — LA Code / Code revised-statutes / Title 48 / Section 2134
Ouachita Expressway Authority; creation; board of commissioners; meetings; quorum
Status: in_force

A. The Ouachita Expressway Authority, hereafter referred to as the "authority", is hereby created possessing full corporate powers to promote, plan, finance, develop, construct, control, regulate, operate, and maintain any limited access tollway or transitway to be constructed within its jurisdiction. This expressway shall not connect in any manner with Forsythe Avenue in the city of Monroe.

B. The domicile of the authority shall be Ouachita Parish.

C. The governing body of the authority shall be a board of commissioners which is hereby created. The board shall have full power to promulgate rules and regulations for the maintenance and operation of the authority. The Ouachita Expressway Authority membership shall be representative as near as practicable by race and gender of the Ouachita parish population as of the most recent federal decennial census. The board shall be composed of fifteen commissioners as follows:

(1) Two members appointed by the Ouachita Parish Police Jury.

(2) One member appointed by the Monroe Chamber of Commerce.

(3) One member appointed by the West Monroe/West Ouachita Chamber of Commerce.

(4) One member appointed by president of the University of Louisiana at Monroe.

(5) Two members appointed by the secretary of the Louisiana Department of Transportation and Development.

(6) One member appointed by the United States representative from the fifth congressional district.

(7) One member appointed by the Ouachita Council of Governments.

(8) The state representative from House District No. Sixteen or his designee.

(9) The state senator from Senate District No. Thirty-Three or his designee.

(10) The state representative from House District No. Seventeen or his designee.

(11) The state senator from Senate District No. Thirty-Four or his designee.

(12) The state representative from House District No. Fifteen or his designee.

(13) The state senator from Senate District No. Thirty-Five or his designee.

D. The members of the board shall take and subscribe to the oath of office required of public officials. Appointed commissioners shall serve two-year terms and shall serve until their successors are appointed and sworn into office. Commissioners may be removed from office by their appointing authority.

E. A majority of the members of the board of commissioners shall constitute a quorum for the transaction of official business. All official actions of the board shall require an affirmative vote of a majority of the commissioners present and voting at any meeting.

F. Members of the board shall not receive any salary for the performance of their duties as commissioners. Appointed commissioners may be reimbursed for mileage expenses incurred for attendance at meetings of the board if traveling from outside of Ouachita Parish. The mileage allowance shall be fixed by the board in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.

G. The board shall meet at least quarterly and may meet more frequently upon call of the chairman or as provided by a vote of the majority of the members of the board.

H. The boundary and jurisdiction of the authority shall be coextensive with the boundaries of Ouachita Parish, Louisiana.

I. The board and all members thereof shall be subject to the provisions of R.S. 42:1101 et seq.

J. The board may perform, procure from the Department of Transportation and Development with the consent of its secretary, or procure from outside service providers any service or portion of services necessary to fulfill the duties and obligations of the board or the authority.

Acts 2007, No. 329, §1.
La. Rev. Stat. § 48:1309.3 — LA Code / Code revised-statutes / Title 48 / Section 1309.3
Service charge authorized for St. Tammany Parish; assessment and collection
Status: in_force

A.(1) The governing authority of any road lighting district situated wholly within the geographical boundaries of St. Tammany Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed to persons occupying residential and nonresidential structures, and persons owning unoccupied structures located wholly or partly within the boundaries of a road lighting district, and persons owning lots located wholly or partly within the boundaries of a road lighting district as customers of the district, subject to the provisions of Subsection B of this Section.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the governing authority of any road lighting district situated wholly within the geographical boundaries of St. Tammany Parish may establish, by majority vote of the members of the authority, a service charge or rates of service charge to be assessed to persons owning parcels of undeveloped immovable property located wholly or partly within the boundaries of a road lighting district as additional customers of the district, subject to Subsection B of this Section.

(3) Such service charges or rates of such service charges shall be equal for all customers and shall be framed so as to cover and shall be used for the costs of any and all of the following components of road lighting district services:

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

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

(c) Cost of collection of service charges pursuant to Subsections C and D 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 the service charges shall be adopted by the governing authority only after the question of the assessment, the method of 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.

C. The governing authority of any road lighting district assessing a service charge or rates of service charges for road lighting services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within St. Tammany Parish or a utility regulated by the Louisiana Public Service Commission to effect such collection. The governing authority of the road lighting district may reimburse the collecting entity an amount up to five percent of the amount of such service charges actually collected from customers of the district. The collection charge shall be in addition to such service charges.

D. Any service charges assessed against the owners of parcels of undeveloped immovable property within a road lighting district pursuant to this Section shall be carried on the tax rolls for St. Tammany Parish and shall be added to the annual ad valorem tax bill for such parcels. Such service charges shall be collected and shall become due and delinquent at the same time as parish ad valorem taxes are collected and become due and delinquent. The sheriff of St. Tammany 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 an amount up to eight 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 2009, No. 71, §1.
La. Rev. Stat. § 48:870 — LA Code / Code revised-statutes / Title 48 / Section 870
Replacement of mutilated, destroyed, or lost bonds
Status: in_force

The governing authority of any parish may provide for the replacement of any bond which is mutilated, destroyed, or lost.
La. Rev. Stat. § 48:1607 — LA Code / Code revised-statutes / Title 48 / Section 1607
Revenue bonds
Status: in_force

In borrowing money and as a grant of power in addition to other authority to issue bonds, the board is authorized to issue revenue bonds of the authority with the approval of the State Bond Commission, for any purpose within the rights and powers delegated to the authority.

A. The board is hereby authorized to pledge for the payment of the principal and interest of such negotiable bonds the fares, fees, rental charges and other income or revenue derived from the facilities and properties maintained and operated by the authority and any gifts, grants or contributions from any other sources whatsoever including, but not limited to, other monies which by law or contract may be made available to the authority. The board shall prescribe the conditions and details of such bonds and in addition to the pledges of income, revenues, etc., payment of bonds of the authority may be further secured by a conventional mortgage upon any and all of the properties constructed or acquired, or to be constructed and acquired by it.

B. Such bonds shall be authorized and issued by a resolution of the board of the authority and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate not exceeding eight per centum per annum, payable semiannually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms or redemption not exceeding one hundred and five percent of the principal amount thereof, and be entitled to such priorities on the income, revenues and taxes of the authority as such resolution or resolutions may provide.

C. The bonds shall be signed by the president and secretary of the board of commissioners of the authority, one of which signatures may be a facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officers of the authority. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered.

D. Bonds issued under the provisions of this Chapter shall be sold for not less than par and accrued interest to the highest bidder at public sale after advertisement by the board at least once a week for three weeks, with the first publication being not less than twenty-one days prior to the date of sale in a newspaper of general circulation with the jurisdiction of the authority, and in a financial newspaper or journal published in the city of New York or the city of Chicago, reserving to the authority the right to reject any and all bids and to readvertise for bids.

E. Prior to the preparation of definitive bonds the board may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter.

F. The board may in any resolution authorizing the issuance of such bonds enter into such covenants with the future holder or holders of the bonds as to the management and operation of facilities, the lease or rental thereof, the imposition and collection of fees and charges for services and facilities furnished by the authority, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against such facilities and the revenues therefrom, the carrying of insurance on the facilities, the keeping of books and records, and other pertinent matters, as may be deemed proper by the board to assure the marketability of the bonds, provided such covenants are not inconsistent with the provisions of this Chapter.

Any holder of the bonds or any of the coupons thereto attached may by appropriate legal action compel performance of all duties required of the authority and officials of the authority by this Chapter.

G. If any bond issued under the provisions of this Chapter is permitted to go into default as to principal or interest, any court of competent jurisdiction may pursuant to the application of the holder of the bond, appoint a receiver for the facilities of the authority, which receiver shall be under the duty of operating the facilities and collecting and distributing the revenues thereof pledged to the payment of the bonds, pursuant to the provisions and requirements of this Chapter and the resolution authorizing the bonds.

H. Such bonds may in the discretion of the board be additionally secured by conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and the provisions to be therein contained.

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

I. The board may issue bonds of the authority under the provisions of this Chapter payable from the revenues to be derived from any facility owned and operated by the authority, whether or not facilities are related or used in conjunction, for the purpose of constructing, acquiring, extending or improving any one or more of the facilities, which bonds may be additionally secured by a conventional mortgage upon such facilities and the taxes authorized to be imposed hereunder.

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

K. The board is hereby authorized to provide in the resolution authorizing the issuing of bonds under the provisions of this Chapter that such bonds shall recite that they are issued under authority of this Chapter. Such recital shall conclusively import full compliance with all of the provisions of this Chapter and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value after thirty days from the date of publication of the resolution authorizing their issuance.

L. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are contemplated by this Chapter. For a period of thirty days from the date of publication of the resolution authorizing the issuance of bonds hereunder, any person or persons in interest shall have the right to contest the legality of the resolution and the legality of the bond issue for any cause, after which time no one shall have any cause or right of action to contest the legality of said resolution or of the bonds authorized thereby for any cause, whatsoever. If no suit, action or proceedings are begun contesting the validity of the bonds within thirty days herein prescribed, the authority to issue the bonds and to provide for the payment thereof, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds shall be conclusively presumed, and no court shall have authority to inquire into such matters. Such bonds shall have the qualities of negotiable instruments under the law merchant and the laws pertaining to commercial papers of the state of Louisiana.

M. Upon the payment in full in principal and interest of all bonds of the authority issued by the board under the terms of this Chapter and secured by all or any portion of any tax or other source of income or revenue authorized therein, or upon the irrevocable deposit of sufficient funds for the payment and redemption of all such bonds in principal, interest and redemption premiums, if any, to their respective maturity or call dates, the levy of any such tax shall be discontinued and terminated. If no bonds of the authority have been issued, by the board secured by all or part of the proceeds of any such tax, the tax may be terminated at any time by resolution of the board and in the absence of a resolution terminating it, it shall terminate automatically five years from the date of the adoption of the resolution imposing the tax.

N. The board may pledge all or any part of the proceeds of the aforesaid tax to the payment of bonds authorized pursuant to this Chapter under such terms and conditions consistent with the provisions of this Chapter as the board may prescribe and as are contained in the resolution or resolutions providing for the issuance of such bonds.

O. When any bonds shall have been issued hereunder secured by all or any portion of any tax, neither the legislature, the authority, nor any power may discontinue or decrease the tax or permit to be discontinued or decreased the tax in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the proceeds of such tax which would diminish the amount of tax revenues to be received by the authority until all of such bonds shall have been retired as to principal and interest and irrevocable provisions otherwise made for their complete redemption and payment in principal and interest and redemption premium, if any.

P. Prior to the issuance of any bonds hereunder, any revenue of the authority derived from any source whatsoever, including any tax authorized herein, may be used by the authority for the payment of any expenses incurred in determining the feasibility of a facility or facilities or any aspects of the authority's operation and developing plans therefor, including engineering, architectural, legal and administrative costs and fees incidental thereto. It being incumbent upon the authority to pay only such fees and such amounts as are current in the market at the time of the sale, in such a manner to assure that the public interest has been protected.

Q. The authority shall invest its idle funds in accordance with the Investment of Idle Funds Act.

Added by Acts 1976, No. 638, §1.
La. Rev. Stat. § 48:1662 — LA Code / Code revised-statutes / Title 48 / Section 1662
Conflict of interests
Status: in_force

All members of the board and every employee of the board or of the authority shall be subject to the provisions of state law governing governmental ethics in all matters relating to any interest or business, direct or indirect, of the authority.

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979.
La. Rev. Stat. § 48:600.1 — LA Code / Code revised-statutes / Title 48 / Section 600.1
District Five Road Commission of St. Landry Parish
Status: in_force

A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Five Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Five of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Five Road Commission of St. Landry Parish, hereinafter referred to as the "board".

B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each precinct within Police Jury District Five as such districts are established at the time the appointments are being made and as certified by the St. Landry Parish register of voters. Each member appointed shall be a resident of the precinct he is appointed to represent. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.

(2) Of the thirteen commissioners initially appointed, seven shall serve for a term of one year and six shall serve for a term of two years. The length of the term of each individual appointed shall be determined by lot at the first meeting of the commission.

(3) The members of the board shall serve until their successors have been appointed and qualified.

(4) The terms of commissioners of the board appointed upon the expiration of the initial terms shall be four years, and upon expiration of a term of office, the successor shall be appointed as provided in Paragraph (1) of this Subsection. No person who has served as a commissioner for two consecutive four-year terms shall be appointed for the succeeding term.

(5) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term.

C.(1) As soon as practical after their appointment, the board shall meet and elect from their number a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as it may deem appropriate.

(2) The minute books and archives of the board shall be maintained by the board's secretary. The monies, funds, and accounts of the commission shall be in the official custody and control of the board's treasurer.

(3) The duties of the officers shall be fixed by bylaws adopted by the board. The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and, to the extent that funds are available, shall hire such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such time and places within the boundaries of the commission as may be prescribed in the bylaws.

D.(1) The commission shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish 1 , and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:

(a) To levy and collect within said boundaries of the commission a tax not exceeding one percent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of corporeal movable property and upon the sale of services, as presently defined in R.S. 47:301 through 317, inclusive. Except where inapplicable, the procedure established by R.S. 47:301 through 317, inclusive, shall be followed in the imposition, collection, and enforcement of said tax and any procedural details necessary to be established to supplement the provisions of said Sections and to make said provisions applicable to the tax imposed hereunder shall be fixed by resolution of the commission. The commission shall have the right to contract with the sheriff or the Department of Revenue of the state of Louisiana, or any other agency or political subdivision for the collection of the tax. The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.

(b) The resolution imposing such tax shall be adopted by the commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of the commission at an election to be called, conducted, canvassed, and promulgated by the governing authority of the commission in accordance with the general laws of the state of Louisiana governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.

(c) The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails or proceeds of the tax after payment of collection costs shall be used solely by the commission for the construction, acquisition, operation, and maintenance of the roads, bridges, or road drainage facilities of the commission. The question or proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.

(2) To levy on all taxable property within the boundaries of the commission an ad valorem tax not to exceed fifteen mills, provided said commission has received prior approval for the levy of said millage by a favorable vote of the qualified electors within the boundaries of the commission at an election called by the board for the purposes of constructing, acquiring, operating, and maintaining the roads, bridges, and road drainage facilities of the commission.

(3) Notwithstanding the provisions of R.S. 48:590, to merge or consolidate with existing road districts or commissions.

(4) Construct any necessary improvements to facilitate drainage from immediate road surfaces.

(5) To prepare, adopt, promulgate, amend, and repeal bylaws, orders, rules, regulations, policies, forms, procedures to govern the affairs and conduct of its business and to carry out its functions in order to effectuate the provisions of this Section.

(6) To perform any other necessary and ancillary acts to effectuate its functions, to perform its duties, or to give effect to its powers in accordance with this Section.

Acts 1989, No. 785, §1; Acts 1993, No. 971, §1; Acts 1997, No. 658, §2; Acts 2017, No. 229, §1.
La. Rev. Stat. § 48:256.12 — LA Code / Code revised-statutes / Title 48 / Section 256.12
Construction of Part
Status: in_force

A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 48:256.5(B), of his right of action on the bond furnished pursuant to this Part, provided that the action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor, except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, the claimant shall, in addition to the notice and recordation required in R.S. 48:256.5(B), give written notice to the contractor and surety within forty-five days from the recordation of the notice of final acceptance by the department of the work or notice by the department of default, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. The notice shall be served by mailing the same by registered or certified mail, postage prepaid, in envelopes addressed separately to the contractor and surety at any place that each maintains an office in the state of Louisiana. Except as provided in Subsection B of this Section, nothing in this Part shall be construed to preclude a surety who has furnished such a bond from asserting any defense to the principal obligation that its principal could assert except lack of capacity or discharge in bankruptcy of the principal obligor.

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

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

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

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

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

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

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

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2024, No. 761, §2, eff. June 19, 2024.
La. Rev. Stat. § 48:255.5 — LA Code / Code revised-statutes / Title 48 / Section 255.5
Issuance of work orders and commencement of work
Status: in_force

A.(1) Whenever the department enters into a contract for the construction, alteration, or repair of any public work, the department through its official representatives shall, before the issuance of any work order and before the commencement of any work, give notice of such contract, in writing, to all utility, communication, and public service companies and all public agencies and boards who furnish any utility, gas, water, electrical, communication, sewerage, or drainage services which may have underground pipes, cables, or any other underground installation which may be within the right-of-way where the public work is to be constructed, altered, or repaired. Said written notice shall require that the person, partnership, corporation, board, or agency so notified shall furnish to the department within a period of thirty days after receipt of notice, unless such time is extended by the department, a diagram or plat showing the location of such underground installations within the right-of-way, a copy of which shall be furnished by the department to the contractor before commencement of work under the contract. If such diagram or plat is not furnished within the time specified or any extension thereof granted by the department, the work order may be issued and the work commenced or the work order may be delayed.

(2) Should the diagram or plat not be furnished or the location of the underground cables, pipes, or other underground installations be inaccurately shown thereon, the department and the contractor shall be released from any responsibility in connection with their damage unless such damage is caused by the negligence of the department or contractor.

(3) If the work on the project is delayed due to the failure of the utility to furnish the plat or diagram required in this Section, the utility shall be liable for delays and cost escalations suffered by the contractor and the department.

B. This Section shall not relieve the department or contractor from the responsibility to give notice of intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed work is to take place in order to be in compliance with the provisions of the "Louisiana Underground Utilities and Facilities Damage Prevention Law" as provided for in R.S. 40:1749.11 through 1749.22.

Acts 1997, No. 1112, §1, eff. July 14, 1997.
La. Rev. Stat. § 48:2072 — LA Code / Code revised-statutes / Title 48 / Section 2072
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 intermodal transportation system is essential to promote Louisiana's economic growth and the ability of business and industry to compete in regional, national, and global markets and to provide a high quality of life for the people of this state.

B. Public revenue, including federal funds, has not kept pace with the state's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Louisiana Transportation Authority, to pursue alternative and innovative funding sources, including but not limited to public/private partnerships, tolls, and unclaimed property bonds to supplement public revenue sources and to improve Louisiana's transportation system.

C. The legislature hereby finds and declares that it is a matter of public necessity to authorize the Louisiana Transportation Authority to pursue public-private partnerships to supplement public revenue sources and to pursue alternative and innovative funding sources, including user fees to improve Louisiana's transportation system. Further, the legislature finds that authorizing the Louisiana Transportation Authority to contract with private entities for the development or operation of transportation facilities will provide significant public benefit for the citizens of Louisiana by making additional transportation facilities available to the public and minimizing the need for the imposition of additional taxes. The legislature additionally finds that authorizing private entities to develop or operate transportation facilities will result in the construction of transportation facilities more quickly at reduced costs, thereby benefitting the public safety and welfare of the citizens of Louisiana. The public need for timely and cost-efficient development or operation of transportation facilities within the state may not be wholly satisfied by existing methods utilized by public entities to develop and operate qualifying transportation facilities.

D. It is the intent of this Chapter to encourage investment in the state of Louisiana by private entities and to facilitate to the greatest extent feasible the financing, development, and operation of transportation facilities.

Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.
La. Rev. Stat. § 48:1843 — LA Code / Code revised-statutes / Title 48 / Section 1843
Louisiana Korean War Veterans Memorial Highway
Status: in_force

That portion of Interstate 49 which is located inside the city limits of the city of Shreveport shall be known and designated as the Louisiana Korean War Veterans Memorial Highway.

Acts 1995, No. 133, §1.
La. Rev. Stat. § 48:863 — LA Code / Code revised-statutes / Title 48 / Section 863
Date; interest; maturity; redemption
Status: in_force

The bonds of each issue shall be dated. They shall bear interest at not more than six per cent per year, payable annually. They shall mature at a time determined by the governing authority of the parish, but not more than forty years after date of issuance. They may be made redeemable before maturity, at the option of the parish, at a price and under terms and conditions fixed by the governing authority thereof prior to the issuance of the bonds.
La. Rev. Stat. § 48:446 — LA Code / Code revised-statutes / Title 48 / Section 446
Notice to defendant
Status: in_force

Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for highway purposes.

This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.

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. § 48:2032 — LA Code / Code revised-statutes / Title 48 / Section 2032
Public utilities
Status: in_force

A.(1) An authority shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the Department of Transportation and Development, 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 an authority shall determine that it is necessary that any public utility facilities which now are 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 authority; 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 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 authority as a part of the cost of operation of such project.

(3) 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. Any utility allowed to exist on an authority's right-of-way at the request of the utility pursuant to R.S. 48:2029(6) shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.

Acts 1997, No. 1017, §1, eff. July 11, 1997.
La. Rev. Stat. § 48:949 — LA Code / Code revised-statutes / Title 48 / Section 949
Acquisition of property
Status: in_force

The department of highways may acquire by donation, or in its own name, may expropriate any property which is necessary to carry out the purposes of this Part. In expropriation suits, the Attorney General shall act as attorney for the department.

Any judgment rendered or allowance agreed upon by the highway department shall be paid as a part of the expense of building the bridge.

The department may take possession of any such property immediately upon filing petition for its expropriation. Otherwise, the procedure shall be as provided by law for expropriation by the state.
La. Rev. Stat. § 48:1165 — LA Code / Code revised-statutes / Title 48 / Section 1165
Board as agency for expending federal funds and carrying out purposes of federal acts
Status: in_force

The board of highways is designated as the sole agency for accepting and administering any and all federal funds awarded or allocated to the State of Louisiana for any purpose covered by any provision of this part and for carrying out the purposes of any federal law concerning bridges, ferries and functions and operations covered by this part.

Added by Acts 1972, No. 726, §1.
La. Rev. Stat. § 48:256.6 — LA Code / Code revised-statutes / Title 48 / Section 256.6
Authorization to cancel the inscription of claims and privileges; cancellation; lis pendens
Status: in_force

A.(1) If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, the public entity, contractor, or subcontractor, or other interested person may require the person who has filed a statement of claim or privilege to give a written authorization directing the recorder of mortgages to cancel the statement of claim or privilege from his records, or to file an original lien cancellation certificate with the recorder of mortgages and to submit a certified copy of the recorded lien cancellation certificate, showing the recordation data, with the undersecretary of the department.

(2) The authorization shall be given within ten days after a written request for authorization has been received by the person filing the statement of claim or privilege from a person entitled to demand it.

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

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

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

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

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

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

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

Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 2015, No. 29, §1, eff. May 29, 2015.
La. Rev. Stat. § 48:577 — LA Code / Code revised-statutes / Title 48 / Section 577
Abolishing district or changing boundaries thereof; notice by resolution
Status: in_force

The parish governing authority may abolish a district in its entirety or may change or alter the boundaries thereof. However, neither the existence nor the territorial boundaries of any district shall be affected in any manner which would impair any obligations that may have been incurred by it during the period of its existence. A preliminary resolution declaring the intention of the parish governing authority to abolish the district or to alter its boundaries shall be adopted, fixing a date for hearing. Notice of this hearing shall be given as provided in R.S. 48:574 for the formation of a road or sub-road district. A hearing shall be had thereon before any order shall be entered in any manner affecting the existence or territorial limits of any district.
La. Rev. Stat. § 48:2180 — LA Code / Code revised-statutes / Title 48 / Section 2180
General grant of powers and duties
Status: in_force

In addition to having all of the powers granted, each compact may exercise all additional powers necessary, appurtenant, convenient, or incidental to the carrying out of its purposes, including but not limited to the following rights and powers:

(1) To adopt and amend bylaws, regulations, and procedures for the governance of its affairs and the conduct of its business and to designate an official journal which shall be a newspaper of general circulation within the geographical boundary of the compact.

(2) To adopt, use, and alter at will an official seal.

(3) To construct, reconstruct, maintain, improve, install, extend, develop, equip, repair, operate, own, and lease projects within the geographic boundaries of the compact in the manner to be determined by the compact, including in segments, phases, or stages, and all rights-of-way and to pay all project costs in connection therewith.

(4) To sue and be sued in its own name, plead, and be impleaded; however, any and all actions at law or in equity against the compact shall be brought in the parish where the cause of action arises, and if land is involved, including condemnation proceedings, suit shall be brought in the parish where the land is situated.

(5) To fix, revise, and adjust, from time to time, fees and charges in connection with each project sufficient to pay all or a portion of maintenance, operation, debt service and reserve or replacement costs, and other necessary or usual charges and to regulate speed limits on the railway transportation system.

(6) To contract with any person, partnership, association, or corporation desiring the use of any part of a project, including the rights-of-way adjoining the paved portion, for placing thereon telephone, fiber optic, telegraph, electric light, or power lines, gas stations, garages, and restaurants, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for such use. Any utilities which are placed within the right-of-way shall be loadable by the one-call system, and the utilities shall place locator strips on any buried objects. The contract or lease shall require the removal at the expense of the lessee of any utilities or other obstructions placed within the right-of-way at the request of such private utility owner when expansion of the rail transportation facility requires such removal.

(7) To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Chapter in accordance with existing state law.

(8) To acquire in the name of the compact by purchase, gift, transfer, foreclosure, lease, or otherwise, including rights or easements, or by the exercise of the power of eminent domain in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property rights, easements, and interests, as it may deem necessary for carrying out the provisions of this Chapter. Eminent domain shall be used for the sole purpose of constructing a railway transportation system and for the other public purposes set forth in this Chapter, and not for the exercise of, or accommodation for, private development interests, including but not limited to service stations, food marts, restaurants, truck stops, or other private enterprises.

(9) To hold, sell, assign, lease, or otherwise dispose of any real or personal property or any interest therein; to release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it; to take assignments of leases and rentals; proceed with foreclosure actions; or take any other actions necessary or incidental to the performance of its corporate purposes.

(10) To designate the location, and establish, limit, and control points of ingress and egress for each project as may be necessary or desirable in the judgment of the compact to ensure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated. Creation of new points of ingress and egress or substantial reconstruction or redesign of the same shall be made only after public hearing. Where the state railway transportation system is affected, the concurrence of the department shall be obtained for any such matters set forth in this Paragraph.

(11) In all cases where parish, municipal, or other public roads are affected or severed, the compact is hereby empowered and required to move and replace the roads with equal or better facilities, and all expenses and resulting damages, if any, shall be paid by the compact.

(12) To enter, or authorize its agents to enter upon any lands, waters, and premises within the geographic boundaries of the compact for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or appropriate for the purposes of this Chapter, and such entry shall not be deemed a trespass or unlawful. The compact shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.

(13) To procure liability, casualty, and other insurance in such amount or amounts appropriate to the size of the project, as determined by the board, insuring the compact against all losses, risk, and liability arising out of the construction, operation, maintenance, and ownership of any project.

(14) To apply for, receive, and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for its corporate purposes.

(15) To open accounts at financial institutions as necessary for the conduct of its business and to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the board may determine, subject to compliance with state laws relative to investments by political subdivisions.

(16) To borrow money and issue bonds for any corporate purpose, including the development, construction, or financing of any project which the compact is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction and the financing thereof.

(17) To enter into contracts and agreements and execute all instruments necessary or convenient thereto for accomplishing the purposes of this Chapter. Such contracts and agreements may include, without limiting the foregoing, construction agreements, purchase or acquisition agreements, loan or lease agreements, partnership agreements, including limited partnership agreements, joint venture, participation agreements, or loan agreements with leasing corporations or other financial institutions or intermediaries.

(18) To enter into agreements with a public or private entity, to permit the entity, independently or jointly with the compact, to construct, maintain, repair, or operate projects, and to authorize the investment of public and private money to finance such projects, subject to compliance with state law relative to use of public funds.

(19) To employ consultant engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary for the accomplishment of its corporate purposes, and to fix their compensation.

(20) To exercise the power of eminent domain in accordance with general law, or at the option of the compact, Part XII of Chapter 1 of Title 48 of the Louisiana Revised Statutes of 1950, and the provisions relating to acquisition of property prior to judgment found therein, provided that any property so acquired by a compact which is not used for an authorized public purpose of the compact within three years of such acquisition shall be reconveyed by the compact to the prior owners thereof at current market value. Upon refusal or failure to accept reconveyance of such property by the prior owner, the compact may use or dispose of such property as provided for in this Chapter.

(21) To do all acts and things necessary or convenient for the powers granted to it by law.

(22) No freight railroad system or any of its infrastructure or assets shall be taken or included within the operational activities of any compact unless specifically agreed to by the freight railroad company.

Acts 2010, No. 838, §2, eff. July 1, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.
La. Rev. Stat. § 48:201 — LA Code / Code revised-statutes / Title 48 / Section 201
Records and record keeping
Status: in_force

When the Secretary or his designee is of the opinion that the requirements of the public and of the department can be provided for by the use of microfilm copies of the original files and documents, such originals may be destroyed three years following the date when the record was made and the microfilm copies thereof shall be admissable in evidence in all courts and administrative agency proceedings in accordance with the provisions of R.S. 44:39.

Added by Acts 1982, No. 123, §1.