reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:767. Liability to third persons

RS 9:767 - Liability to third persons
A. A claim based on a contract entered into by a custodian acting in a custodial capacity or an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
B. A custodian is not personally liable for either:
(1) A contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.
(2) An obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
C. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:769. Accounting by and liability of custodian

RS 9:769 - Accounting by and liability of custodian
A. A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for an accounting by the custodian or the custodian's legal representative; or for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property, unless the responsibility has been adjudicated in an action under R.S. 9:767 to which the minor or the minor's legal representative was a party.
B. A successor custodian may petition the court for an accounting by the predecessor custodian.
C. The court, in a proceeding under this Subpart or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
D. If a custodian is removed under R.S. 9:768(F), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:770. Termination of custodianship

RS 9:770 - Termination of custodianship
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of the following:
(1) The minor's attainment of twenty-two years of age.
(2) The minor's judicial emancipation.
(3) The minor's death.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988; Acts 2023, No. 60, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:771. Applicability

RS 9:771 - Applicability
This Subpart applies to a transfer within the scope of R.S. 9:752 made after its effective date if either of the following occur:
(1) The transfer purports to have been made under the Louisiana Gifts to Minors Act.
(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this Subpart is necessary to validate the transfer.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:772. Effect on existing custodianship

RS 9:772 - Effect on existing custodianship
A. Any transfer of custodial property, as now defined in this Subpart, made before January 1, 1988, is validated notwithstanding that there was no specific authority in the Louisiana Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
B. This Subpart applies to all transfers made before January 1, 1988, in a manner and form prescribed in the Louisiana Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:801. §§801 to 804 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:801 - §§801 to 804 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:821. §§821 to 823 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:821 - §§821 to 823 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:901. Judgments and decrees of other states or District of Columbia given full faith and credit; procedure

RS 9:901 - Judgments and decrees of other states or District of Columbia given full faith and credit; procedure
Judgments and decrees of judicial emancipation of nonresident minors over the age of eighteen years, rendered by courts of competent jurisdiction of the minor's domicile in the several states and in the District of Columbia, upon being authenticated according to the Acts of Congress shall be given full faith and credit in this state.
A petition to have recognized the foreign judgment or decree, to which is annexed an authenticated copy, shall be presented to the judge of the district court wherein is situated the minor's principal estate and he shall render judgment thereon either in open court or in chambers.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:951. Provisional custody by mandate of persons having parental authority; delegation

RS 9:951 - Provisional custody by mandate of persons having parental authority; delegation
A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person.
Acts 1992, No. 304, §2; Acts 1995, No. 235, §1; Acts 2010, No. 171, §1; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:952. Duration of provisional custody; termination

RS 9:952 - Duration of provisional custody; termination
A. The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from the date of execution.
B. Regardless of the term stipulated, the mandate of provisional custody shall terminate:
(1) When revoked by any person having parental authority.
(2) When the mandatary resigns or otherwise renounces the mandate.
(3) Fifteen days after the death of any person having parental authority.
(4) Upon the qualification of a court appointed tutor or provisional tutor.
Acts 1992, No. 304, §2; Acts 1995, No. 235, §1; Acts 2010, No. 171, §1; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:953. Authority of the mandatary

RS 9:953 - Authority of the mandatary
A mandate of provisional custody of a child may provide for the health, education and welfare of the child, including the following:
(1) Consenting to and authorizing such medical care, treatment, or surgery as may be necessary for the health, safety, and welfare of the child.
(2) Enrolling the child in such schools or educational institutions as may be necessary for his proper education.
(3) Disciplining the child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.
(4) Doing and performing all other such acts as may be necessary for the shelter, support, and general welfare of the child.
Acts 1992, No. 304, §2; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:954. Statutory form

RS 9:954 - Statutory form
The following is a suggested form that may be used by a person having parental authority to delegate the provisional custody of the named child:
PROVISIONAL CUSTODY BY MANDATE
STATE OF LOUISIANA
PARISH OF ___________________
BE IT KNOWN THAT on this ___ day of __________, 20___, before me, the undersigned notary, and in the presence of the competent witnesses hereinafter named and undersigned:
Personally came and appeared:
(affiant's name, marital status, and mailing address)
, who is the
(person(s) having parental authority)
of
(child(ren))
and who, by these presents makes, names, constitutes, and appoints
(mandatary's name and mailing address)
and grants provisional custody of each of the above named children, to provide for the health, education, and welfare of each child as provided by the law on Provisional Custody by Mandate, specifically including the authority to:
INITIAL ALL APPLICABLE PROVISIONS:
____ (1) Consent to and authorize such medical care, treatment, or surgery as may be necessary for the health, safety, and welfare of each child.
____ (2) Enroll each child in such schools or educational institutions as may be necessary for his proper education.
____ (3) Discipline each child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.
____ (4) Do and perform all other such acts as may be necessary for the shelter, support, and general welfare of each child.
This Provisional Custody by Mandate will continue to be effective until ___________, 20 __, or one year from date hereof, whichever period is shorter.
I agree that any third party who receives a copy of this document may rely upon the authority granted the mandatary as indicated herein and may act in reliance on such authority. I agree to indemnify and hold harmless the third party for any claims that arise against him because of reliance on this Provisional Custody by Mandate.
The undersigned mandatary does hereby accept the provisional custody of each child named herein.
THUS DONE AND PASSED at _________________, state of ________________, in the presence of the undersigned, competent witnesses, who sign these presents with the appearer(s) and me, notary, after due reading of the whole.
WITNESSES:
_________________________ _______________________________________
(Person having parental authority)
_________________________ _______________________________________
(Other person having parental authority)
_______________________________________
(Mandatary)
_________________________
NOTARY PUBLIC
Acts 1992, No. 304, §2; Acts 1995, No. 235, §1; Acts 2010, No. 171, §1; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:961. Provisional custody by mandate of a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child; delegation

RS 9:961 - Provisional custody by mandate of a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child; delegation
A natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child after parental authority terminates, may delegate the provisional custody of that child by written mandate to any natural person, subject to the same rules governing the duration of the mandate and the authority and obligations of the mandatary as those governing the provisional custody by mandate of persons having parental authority.
Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:962. Statutory form

RS 9:962 - Statutory form
The following is a suggested form that may be used by a natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody of a child to delegate to any natural person the custody of the named child:
THE FOLLOWING FORM IS ALL NEW
PROVISIONAL CUSTODY BY MANDATE
STATE OF LOUISIANA
PARISH OF ___________________
BE IT KNOWN THAT on this ___ day of __________, 20___, before me, the undersigned notary, and in the presence of the competent witnesses hereinafter named and undersigned:
Personally came and appeared:
(affiant's name, marital status, and mailing address)
, who is the
(natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody)
of
(minor child(ren))
and who, by these presents makes, names, constitutes, and appoints
(mandatary's name and mailing address)
and grants provisional custody of each of the above named child(ren), to provide for the health, education, and welfare of each child as provided by the law on Provisional Custody by Mandate, specifically including the authority to:
INITIAL ALL APPLICABLE PROVISIONS:
____ (1) Consent to and authorize such medical care, treatment, or surgery as may be necessary for the health, safety, and welfare of each child.
____ (2) Enroll each child in such schools or educational institutions as may be necessary for his proper education.
____ (3) Discipline each child in such reasonable manner as may be necessary for his proper rearing, supervision, and training.
____ (4) Do and perform all other such acts as may be necessary for the shelter, support, and general welfare of each child.
This Provisional Custody by Mandate will continue to be effective until ___________, 20 __, or one year from date hereof, whichever period is shorter.
I agree that any third party who receives a copy of this document may rely upon the authority granted the mandatary as indicated herein and may act in reliance on such authority. I agree to indemnify and hold harmless the third party for any claims that arise against him because of reliance on this Provisional Custody by Mandate.
The undersigned mandatary does hereby accept the provisional custody of each child named herein.
THUS DONE AND PASSED at _________________, state of ________________, in the presence of the undersigned, competent witnesses, who sign these presents with the appearer(s) and me, notary, after due reading of the whole.
WITNESSES:
_________________________ ____________________________________
(Natural tutor or cotutors with custody, but not yet judicially qualified, or a grandparent awarded custody)
_________________________ ____________________________________
(Other Cotutor or Undertutor)
______________________________ (Mandatary)
_________________________
NOTARY PUBLIC
Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1001. INTERDICTION

CODE TITLE IX--OF PERSONS INCAPABLE OF ADMINISTERING
THEIR ESTATES, WHETHER ON ACCOUNT OF INSANITY
OR SOME OTHER INFIRMITY, AND OF THEIR INTERDICTION
AND CURATORSHIP
CHAPTER 1. INTERDICTION
PART I. INEBRIATES
§§1001-1004. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1002. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.

RS 9:1002 - Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1003. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.

RS 9:1003 - Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1004. Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.

RS 9:1004 - Repealed by Acts 2000, 1st Ex. Sess., No. 25, §4, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1021. Interdiction of veterans in government institutions; manner of service

RS 9:1021 - Interdiction of veterans in government institutions; manner of service
Where it is necessary to interdict a person who is the beneficiary of the War Risk Insurance Act or the National Service Life Insurance Act of 1940, and he is not present in the state and is actually incarcerated in an institution maintained by the United States of America for the care of such persons, citation and service of the petition shall be made in the following manner.
A copy of the petition certified by the clerk of the court having jurisdiction, and a citation shall be served on the defendant by and through the officer in charge of the government institution in which he is confined. A certificate signed by such officer to the fact that such service has been made shall be accepted by the court in lieu of a personal service, provided there shall be produced in the trial of the case proof that the defendant is confined to such a government institution, and a certified copy of the records of the medical examination made by the officers of the United States of America is filed in evidence.
This Section applies solely to the cases of soldiers, sailors, marines, and nurses, beneficiaries under the War Risk Insurance Act or the National Service Life Insurance Act of 1940, and does not amend or repeal the laws relative to interdictions generally.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1022. Authorization of curators to continue making donations to descendants

RS 9:1022 - Authorization of curators to continue making donations to descendants
The court may authorize a curator, in the name and on behalf of the interdict, to make donations inter vivos from the surplus funds or other surplus property of the interdict, of a value annually of not more than the greater of fourteen thousand dollars or the maximum amount that may be excluded from federal gift taxation pursuant to 26 U.S.C. §2503(b), to each of the direct descendants of the interdict, when:
(1) There is no known testamentary disposition to the contrary.
(2) These donations are equal with respect to all descendants of the interdict in the same degree, and will not impinge upon the legitime of any forced heir of the interdict.
(3) The court is satisfied from the evidence presented to it that, prior to his interdiction, the interdict had made donations inter vivos to each of his direct descendants in each of at least four calendar years, not necessarily consecutive, of sums of money amounting to, or of property valued at, three thousand dollars or more.
(4) The curator has obtained the consent of the interdict's spouse and heirs of the first degree.
(5) The proposed donations will not discriminate between descendants of the interdict, will not materially impair the financial condition of the interdict and are not likely to deprive him of sufficient funds to care for his future needs and support. In order to establish that the proposed donations will not deprive the interdict of sufficient funds to provide for his future needs and support, the curator must satisfy the court, from the evidence presented to it, that the total fair market value of the interdict's estate, after subtracting the value of the proposed donations, is not less than a sum amounting to: sixty-five thousand dollars multiplied by the number of years of life expectancy remaining to the interdict at the time of the donation, as determined by his age and the table of life expectancy set out in R.S. 47:2405.
(6) The procedure prescribed by Articles 4271 and 4566 of the Code of Civil Procedure is complied with. When all of the conditions prescribed in Paragraphs (1) through (5) above have been met, the court may authorize such donations to be made to the curator individually, if he is a direct descendant of the interdict, on the recommendation of the undercurator concurred in by an undercurator ad hoc appointed by the court.
(7) If a contrary testamentary disposition is discovered following the interdict's death, the donee shall restore the donated property to the interdict's estate or pay the estate the value of the gift.
Acts 1991, No. 143, §1; Acts 2014, No. 743, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1023. Donation by curator to charitable and nonprofit organizations; conditions; court approval

RS 9:1023 - Donation by curator to charitable and nonprofit organizations; conditions; court approval
The curator, in the name of and on behalf of the interdict, may make donations inter vivos to charitable and other nonprofit organizations with approval of the court and subject to such conditions or restrictions as the court may direct, if all the following requirements are met:
(1) The court is satisfied from the evidence presented to it that, prior to his interdiction, the interdict had an established history or pattern of donations inter vivos to charitable and other nonprofit organizations.
(2) The donations will not jeopardize the assets of the estate and will not impinge upon the legitime of any forced heir.
(3) The donations will not materially impair the financial condition of the interdict and will not deprive the interdict of sufficient funds to care for his future needs and support, which shall be established in the manner provided in R.S. 9:1022.
Added by Acts 1979, No. 68, §1, eff. June 26, 1979.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1024. Donations by curator to collaterals; court authorization

RS 9:1024 - Donations by curator to collaterals; court authorization
A. The court may authorize a curator, in the name and on behalf of an interdict who has no direct descendants and no spouse, to make donations inter vivos of money from surplus funds of the interdict to each of the brothers and sisters of the interdict and to each of the direct descendants of the brothers and sisters of the interdict, or to trusts in which they are the only principal and income beneficiaries, provided that there is no known testamentary disposition to the contrary. Annual donations per donee shall not exceed fourteen thousand dollars or the maximum amount that may be excluded from federal gift taxation pursuant to 26 U.S.C. §2503(b), whichever is greater. The total amount donated annually to each of the brothers and sisters of the interdict and to each of the direct descendants of the brothers and sisters of the interdict, or to trusts therefor, shall be equal by roots from the parents of the interdict.
B.(1) The court may authorize such donations only when the procedure prescribed by Code of Civil Procedure Articles 4271 and 4566 is complied with and the proposed donations will not materially impair the financial condition of the interdict and are not likely to deprive him of sufficient funds to care for his future needs and support.
(2) To establish that the proposed donations will not deprive the interdict of sufficient funds to provide for his future needs and support, the curator must satisfy the court that:
(a) Following the proposed donation, the total amount of the difference between the fair market value of the interdict's estate and his total liabilities will exceed six hundred thousand dollars; and
(b) The total fair market value of the interdict's estate, after subtracting the value of the proposed donations, is not less than six hundred thousand dollars.
C. When all of the conditions in Subsections A and B have been met, the court may authorize such donations to be made to the curator individually, if he is a brother or sister or a direct descendant of a brother or sister of the interdict, on the recommendation of the undercurator, concurred in by the undercurator ad hoc appointed by the court.
Acts 1991, No. 299, §1, eff. July 3, 1991; Acts 1995, No. 451, §1; Acts 2014, No. 743, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1025. Removal of a curator

RS 9:1025 - Removal of a curator
A. Any spouse or relative of an interdict, interested party, or nonprofit organization whose main function it is to serve as an advocate for persons with disabilities, the elderly, or both, may petition a court of competent jurisdiction for the removal of a curator upon a clear showing that neither the curator nor the undercurator are adequately performing their court-appointed duties.
B. A court of competent jurisdiction may remove a curator and appoint a successor, if such removal is deemed to be in the best interest of the interdict, either on its own motion or upon request by any spouse or relative of the interdict, or on the motion of any interested party or nonprofit organization whose main function it is to serve as advocate for persons with disabilities, the elderly, or both, upon contradictory hearing. The court shall consider the following factors in making its ruling:
(1) Whether the curator has, with gross negligence, misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state all or any part of the interdict's property committed to the curator's care.
(2) The curator's failure to render any account required by law.
(3) The curator's failure to obey any proper order of the court having jurisdiction with respect to performance of the curator's duties.
(4) Proof of gross misconduct, or mismanagement in the performance of duties.
(5) Incompetence, incarceration, or any other cause rendering the curator incapable of performing court-appointed duties.
(6) Abuse of the interdict, or failure to educate the interdict or provide the interdict with as much independence as the means of the interdict and the conditions of his estate permit.
C. When the court removes a curator, it may appoint any spouse or relative of the interdict, any interested party, or any nonprofit organization whose main function it is to serve as curator for persons with disabilities, the elderly, or both.
Acts 1993, No. 639, §1, eff. June 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1031. Appointment of nonprofit curatorship services

RS 9:1031 - Appointment of nonprofit curatorship services
A. Notwithstanding any law to the contrary, a nonprofit curatorship service program, organized and operating pursuant to the corporation laws of this state, may be appointed the curator for an indigent adult in need of full or limited interdiction or may be appointed the continuing tutor for an indigent in need of continuing tutorship, if no individual seeks the appointment and meets the qualifications of curator. No appointment of a curator or continuing tutor pursuant to this Part shall confer authority to terminate life support or a pregnancy.
B. Any party to an interdiction or tutorship proceeding, including the state of Louisiana and its political subdivisions, may petition the court to appoint the program as curator or continuing tutor.
C. The court may hear such evidence as it deems necessary in order to determine whether the program is an appropriate entity to serve as curator or continuing tutor, including the sufficiency of a bond secured and maintained by the program. If the court desires to make such an appointment, it shall deliver to the program notice of the prospective appointment and information regarding the person in need of program services.
D. Within ten days from delivery of the notice, the program shall notify the court in writing of the decision to provide or decline the rendering of program services.
E. Upon election of the program to provide program services, the court shall appoint the program as curator or continuing tutor for the person in need of such services.
F. Notwithstanding any law to the contrary, in cases wherein the program is appointed curator or continuing tutor, the appointment of an undercurator or undertutor is not required.
Acts 1992, No. 820, §1, eff. July 8, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1032. Powers, functions, and duties of curator and continuing tutor

RS 9:1032 - Powers, functions, and duties of curator and continuing tutor
A. Except as otherwise provided in this Part, the relationship between an interdict and his curator or continuing tutor is the same as that between a minor and his tutor, with respect to the person and property of the interdict.
B. The rules provided in Code of Civil Procedure Articles 4101 and 4102, or a sworn statement that the interdict has no inventory, 4171 and 4172, 4231 through 4235, 4237 through 4342, 4391 through 4464, and 4566, apply likewise to the powers, functions, and duties of a curator or continuing tutor, appointed pursuant to this Part.
C. The executive director of the program or his appointee shall have access to all health records and to all court records of persons receiving program services.
Acts 1992, No. 820, §1, eff. July 8, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1033. Confidentiality; penalties

RS 9:1033 - Confidentiality; penalties
A. All communications and records of the program pertaining to persons in need of program services are confidential and may be disclosed only pursuant to a court order by the program in the performance of its program services.
B. Any person who violates the confidentiality of individuals served by the program may be punished by a fine not to exceed one thousand dollars or imprisonment for not more than six months, or both.
Acts 1992, No. 820, §1, eff. July 8, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1034. Fees and court costs

RS 9:1034 - Fees and court costs
The program shall be exempt from the payment of filing fees or taxing of court costs in connection with any judicial proceeding related to its performance of program services for indigent adults.
Acts 1992, No. 820, §1, eff. July 8, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1051. Unauthorized corporations; unincorporated nonprofit associations; powers and liabilities

RS 9:1051 - Unauthorized corporations; unincorporated nonprofit associations; powers and liabilities
A. Corporations unauthorized by law or by an act of the legislature enjoy no public character, although these corporations may acquire and possess estates and have common interests as well as other private societies.
Unless otherwise provided by its constitution, charter, bylaws, rules, or regulations under which it is organized, governed, and exists, any unincorporated nonprofit association may alienate or encumber title to immovable property to any person. For the purposes of this article, immovable property includes, without limitation, mineral rights, predial servitudes, and predial leases, and a transaction to alienate or encumber shall include, without limitation, transactions to mortgage, hypothecate, donate, or transfer title to immovable property. Any such transaction shall be authorized by resolution adopted by a majority of the members of the association who vote on the resolution at a special meeting called and held for that purpose. The resolution may designate a person or persons to act as agent for the purpose of effectuating the transaction. Notice of the special meeting, including the date, time, and place of the meeting and the substance of the contemplated resolution, shall be published, on two separate days at least fifteen days prior to the date of the meeting, in the official journal of the parish in which a majority of the members reside or, if none, in a newspaper of general circulation in the parish. A copy of the resolution and proof of publication as required herein shall be attached to each act effectuating the transaction.
B. The provisions of this article applicable to transfers of immovable property by unincorporated nonprofit associations shall not apply when the transfers are part of an incorporation of the association in which substantially all of the assets of the unincorporated nonprofit association are transferred to the new corporation. In such cases, R.S. 12:207(C) shall govern the transfer.
Amended by Acts 1977, No. 489, §1; Acts 1978, No. 388, §1; Acts 1978, No. 459, §1; Acts 1979, No. 356, §1; Acts 1980, No. 352, §1; Acts 1987, No. 126, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1101. Ownership of waters and beds of bayous, rivers, streams, lagoons, lakes and bays

RS 9:1101 - Ownership of waters and beds of bayous, rivers, streams, lagoons, lakes and bays
The waters of and in all bayous, rivers, streams, lagoons, lakes and bays, and the beds thereof, not under the direct ownership of any person on August 12, 1910, are declared to be the property of the state. There shall never be any charge assessed against any person for the use of the waters of the state for municipal, industrial, agricultural or domestic purposes.
While acknowledging the absolute supremacy of the United States of America over the navigation on the navigable waters within the borders of the state, it is hereby declared that the ownership of the water itself and the beds thereof in the said navigable waters is vested in the state and that the state has the right to enter into possession of these waters when not interfering with the control of navigation exercised thereon by the United States of America. This Section shall not affect the acquisition of property by alluvion or accretion.
All transfers and conveyances or purported transfers and conveyances made by the state of Louisiana to any levee district of the state of any navigable waters and the beds and bottoms thereof are hereby rescinded, revoked and canceled.
This Section is not intended to interfere with the acquisition in good faith of any waters or the beds thereof transferred by the state or its agencies prior to August 12, 1910.
Amended by Acts 1954, No. 443, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1102. Batture in cities and towns; right of riparian owner

RS 9:1102 - Batture in cities and towns; right of riparian owner
Whenever the riparian owner of any property in incorporated towns or cities is entitled to the right of accretion, and more batture has been formed in front of his land than is necessary for public use, which the corporation withholds from him, he shall have the right to institute action against the corporation for so much of the batture as may not be necessary for public use. If it be determined by the court that any portion of the batture be not necessary for public use, it shall decree that the owner is entitled to the property, and shall compel the corporation to permit him to enjoy the use and ownership of such portion of it.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1102.1. Rights of riparian landowners and their lessees

RS 9:1102.1 - Rights of riparian landowners and their lessees
A. Riparian owners and their lessees of property on navigable rivers, lakes, or streams within the limits of any deep water port commission of this state or, in the absence of any such commission, within a municipality having a population in excess of five thousand inhabitants, shall have the right to erect and maintain on the batture or banks owned or leased by them and in the bed of the navigable river, lake, or stream adjacent to or adjoining such batture or banks, such wharves, buildings, or improvements as may be required for the purposes of commerce, navigation, or other public purposes. However, where such owners first have obtained the consent of the governing authority of the deep-water port commission, which consent each deep-water port commission is hereby authorized to grant, or of the municipality, as the case may be, to erect such wharves, buildings, or improvements, and same are erected in conformity to plans and specifications which have been approved by such governing authorities, those governing authorities may expropriate said wharves, buildings, or improvements whenever said improvements or the riparian front shall be required for public purposes, and the owners shall be entitled to claim compensation to the full extent of their loss, but where such consent and approval is not obtained, the owners shall be entitled to be paid compensation therefor to the full extent of their loss or required to remove such wharves, buildings, or improvements at their own expense, in the discretion of the governing authority of the deep-water port commission or of the municipality. In all cases, such wharves, buildings, or improvements shall remain subject to the administration and control of the governing authorities with respect to their maintenance and to the fees and charges to be exacted for their use by the public.
B. Nothing herein shall deprive the levee boards of their authority with respect to levees in their respective districts or their right to appropriate, without compensation, such wharves, buildings, or improvements.
Added by Acts 1975, No. 141, §1. Amended by Acts 1981, No. 2, §1, eff. May 18, 1981.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1103. Carbon sequestration on surface or water bottom

RS 9:1103 - Carbon sequestration on surface or water bottom
Any monetary compensation derived from the sequestration of carbon on the surface of land or water bottoms through biological processes, including but not limited to the growth of plants or animals or other natural or induced processes, is the property of the owner of the land or water bottom upon which such sequestration occurs, unless (a) contractually assigned to another party; or (b) the sequestration, uptake, or prevention of emission of greenhouse gases is directly related to the avoided conversion or avoided loss attributable to a project carried out or sponsored by the Coastal Protection and Restoration Authority or the Coastal Protection and Restoration Authority Board, including use of public resources as provided in R.S. 49:214.5.4. In such instance, the monetary compensation is the property of the state.
Acts 2010, No. 193, §1; Acts 2016, No. 430, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1106. Storage tanks placed on land by one not owner of land as movable property

RS 9:1106 - Storage tanks placed on land by one not owner of land as movable property
A. Tanks placed on land whether urban or rural by other than the owner of the land for the storage or use of butane, propane or other liquefied gases, or for the storage or use of anhydrous ammonia or other liquid fertilizer, be and they are declared to be and shall remain movable property, and the ownership of such tank or tanks shall not be affected by the sale, either private or judicial, of the land on which they are placed.
B. This section is intended to and does affect all such tanks presently on such land which were placed thereon by other than the owner of the land.
Acts 1954, No. 49, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1107. Public policy respecting ownership of navigable waters and beds thereof

RS 9:1107 - Public policy respecting ownership of navigable waters and beds thereof
It has been the public policy of the State of Louisiana at all times since its admission into the Union that all navigable waters and the beds of same within its boundaries are common or public things and insusceptible of private ownership; that no act of the Legislature of Louisiana has been enacted in contravention of said policy, and that the intent of the Legislature of this state at the time of the enactment of Act No. 62 of the year 1912, now appearing as R.S. 9:5661, and continuously thereafter was and is at this present time to ratify and confirm only those patents which conveyed or purported to convey public lands susceptible of private ownership of the nature and character, the alienation or transfer of which was authorized by law but not patents or transfers which purported to convey or transfer navigable waters and the beds of same.
Acts 1954, No. 727, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1108. Invalidity of patent or transfer purporting to include navigable waters and beds thereof

RS 9:1108 - Invalidity of patent or transfer purporting to include navigable waters and beds thereof
Any patent or transfer heretofore or hereafter issued or made is null and void, so far as same purports to include such navigable waters and the beds thereof, as having been issued or made in contravention of the public policy of this state and without any prior authorization by law; provided that the provisions of this Section shall not affect the laws of accretion or apply to lands that were susceptible to private ownership on the date of the patent or transfer by the state or a state agency.
Acts 1954, No. 727, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1109. Statutes not to be construed as validating purported transfer of navigable waters or beds thereof

RS 9:1109 - Statutes not to be construed as validating purported transfer of navigable waters or beds thereof
No statute enacted by the legislature of Louisiana shall be construed as to validate by reason of prescription or peremption any patent or transfer issued by the state of any levee district thereof, so far as the same purports to include navigable or tide waters or the beds of same.
Acts 1954, No. 727, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1110. Ownership of land adjacent to False River

RS 9:1110 - Ownership of land adjacent to False River
The title of the owners of land adjacent to that body of water in Pointe Coupee Parish known as False River shall extend to a line delineated by the "Final Map showing survey of the property boundary of the State of Louisiana along False River located in T 4 S - R 10 E & T 5 S - R 10 E Pointe Coupee Parish, Louisiana for The State of Louisiana" dated February 21, 2018, and filed with the Pointe Coupee Parish Clerk of Court. The line delineated by the map shall be the line that marks the division between land owned by the state and land owned by private persons along the banks of False River.
Added by Acts 1975, No. 285, §1; Acts 2015, No. 402, §1; Acts 2018, No. 95, §1, eff. May 10, 2018.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1111. Exclusion of certain interests in trust from classification as immovable property

RS 9:1111 - Exclusion of certain interests in trust from classification as immovable property
Notwithstanding any other provision of law to the contrary, no interest in a trust which has five hundred or more beneficiaries or owners of beneficial interests shall be classified as immovable property in this state provided the trust owns an interest in, or is a beneficiary of, another trust which owns property classified in Louisiana as immovable.
Acts 1986, No. 251, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1112. Immovable property held in common; agreement not to alienate, encumber or lease

RS 9:1112 - Immovable property held in common; agreement not to alienate, encumber or lease
Persons holding immovable property in common may agree not to alienate, encumber, or lease the property held in common for a specific period of time, not to exceed fifteen years. This agreement must be in writing.
Acts 1987, No. 476, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1113. Partition of immovable property; minority interest; private sale; appraisal

RS 9:1113 - Partition of immovable property; minority interest; private sale; appraisal
A. If immovable property is susceptible to partition by licitation or private sale pursuant to Civil Code Article 811, and a petition to partition the property is filed by a co-owner or co-owners owning either an aggregate interest of fifteen percent or less of the immovable property or an aggregate interest of twenty percent or less of the immovable property if there was past ownership of the whole by a common ascendant, the court shall allow the remaining co-owners to purchase at private sale the petitioners' shares at a price determined by a court-appointed appraiser.
B.(1) Each remaining co-owner shall only be entitled to purchase a portion of the property being sold equal to his pro rata share. Each remaining co-owner shall have thirty days from the date the last defendant is served with the petition to partition or thirty days from receipt of written notice, sent by certified mail or commercial courier, from a co-owner waiving his right to purchase, whichever is earlier, in which to file a notice to exercise his option to purchase his pro rata share of the property being sold. Where past ownership of the property was by a common ascendant, each remaining co-owner shall have ninety rather than thirty days to file the notice provided by this Paragraph. The filed notice, which shall be served on all parties, shall be considered a fully binding contract to purchase the property.
(2) Upon the lapse of the time in which to file the notice required in Paragraph (1) of this Subsection, any co-owner who has failed to timely exercise his option to purchase the property shall relinquish his right to purchase his pro rata share. The relinquishment of the right to purchase shall enure to the benefit of the remaining purchasing co-owners, who shall then be entitled to purchase, by pro rata share, the shares made available by the co-owner who relinquished his right to purchase. Each remaining purchasing co-owner shall have an additional ten days from the previous deadline to file his notice to purchase the relinquished shares.
(3) The procedures provided in this Subsection shall continue until there are no outstanding forfeited shares; however, the court may use its discretion in rounding the shares of the co-owners to the nearest hundredth share.
(4) The initial calculation of the pro rata share in this Subsection shall be based on the percentage of ownership of potential purchasing co-owners, excluding the petitioning co-owners. When a potential purchasing co-owner relinquishes his right to purchase, the pro rata share shall be recalculated to include only the remaining purchasing co-owners, excluding the relinquishing co-owners. Once a purchasing co-owner relinquishes his right to purchase his pro rata share, he shall not be entitled to file any subsequent notice to purchase in the pending action.
Acts 2003, No. 156, §1, eff. June 2, 2003; Acts 2014, No. 279, §1, eff. May 28, 2014.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:1115.1. Declaration of purpose

RS 9:1115.1 - Declaration of purpose
A. The purpose of this Part is to distinguish the law of Louisiana from the state law upon which the United States Supreme Court based its decision in Phillips Petroleum Co. v. Mississippi, 108 S.Ct. 791 (1988), and thereby quiet titles to lands which have long been owned by private persons but which titles may have been clouded as a result of that decision.
B. Consistent with the Louisiana State Law Institute Advisory Legal Opinion Relative to Non-navigable Water Bottoms to the Louisiana Legislature on or about January 31, 1992, the legislature hereby finds that as to lands not covered by navigable waters including the sea and its shore, which are subject to being covered by water from the influence of the tide and which have been alienated under laws existing at the time of such alienation, the Phillips decision neither reinvests the state, or a political subdivision thereof, with any ownership of such lands nor does the state, or a political subdivision thereof, acquire any new ownership of such property.
C. It is the intent of the legislature by the enactment of this Part to codify and confirm the law of Louisiana as heretofore interpreted by the courts thereof without change and without divesting the state, its agencies, or its political subdivisions of the ownership or rights as to any immovable property and without affecting the provisions of the state Oyster Statutes passed by the legislature since 1886. Furthermore, it is the intent of the legislature by the enactment of this Part that no provision herein shall be interpreted to create, enlarge, restrict, terminate, or affect in any way any right or claim to public access and use of such lands, including but not limited to navigation, crawfishing, shellfishing, and other fishing, regardless of whether such claim is based on existing law, custom and usage, or jurisprudence.
Acts 1992, No. 998, §1.