reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:93. Consulting engineers; quarterly reports

RS 48:93 - Consulting engineers; quarterly reports
A. On the first day of each quarter of the fiscal year, October first, January first, April first, and July first, the department shall provide to the Joint Committee on Transportation, Highways and Public Works a report of all contracts between the department and consulting engineers.
B. Such report shall include the following information for each contract:
(1) The name of the engineer or engineering firm.
(2) The amount of the contract.
(3) The source of funds for the contract.
(4) The purpose of the contract.
(5) The status of the contract.
(6) The anticipated completion date of the contract.
Acts 1995, No. 317, §1; Acts 2001, No. 1032, §16.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:94. District office transparency; publication of district work

RS 48:94 - District office transparency; publication of district work
Each department district office shall publish weekly on the department's internet website information by parish regarding the construction and maintenance work performed, including but not limited to a description and location of the construction project or maintenance work performed.
Acts 2018, No. 662, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:101. Creation of commission, appointment and terms of members; meetings; compensation

RS 48:101 - Creation of commission, appointment and terms of members; meetings; compensation
A. The Mississippi River Parkway Commission of Louisiana is hereby created and established. It shall be composed of ten members appointed by the governor, two of whom shall be from the Department of Transportation and Development upon the recommendation of the secretary, who shall be appointed for a term of one year, and the remainder to be from various parishes directly affected by the Mississippi River Parkway. Two members shall be appointed for terms of two years, two shall be appointed for terms of three years, two shall be appointed for terms of four years, and two shall be appointed for terms of five years. All successor members shall be appointed for terms of five years. Immediately upon making any appointment the governor shall so notify the national Mississippi River Parkway Planning Commission, hereinafter called the National Commission, giving the names and addresses of the member or members so appointed. Each appointment by the governor shall be submitted to the Senate for confirmation.
B. At the first meeting of the commission and annually thereafter, the members shall select a chairman and a secretary from the membership. Meetings of the commission shall be called by the chairman on his own notice or on request of any five members. Except in the case of an emergency, notice of the time and place of each meeting shall be given to each member at least five days prior to the date of the meeting. Every meeting of the commission shall be held at some suitable place in one of the parishes in which the Great River Road is situated, except that any meeting may be held at any other suitable place upon majority vote of the members. Any four members shall constitute a quorum for the purpose of transacting any business of the commission.
C. The members shall receive no compensation for their services on the commission and shall receive no reimbursement for expenses incurred in attending the meetings of the commission, provided that they may be reimbursed for actual and necessary expenses incurred in attending the annual meeting or any special meeting of the National Commission when payment for such expenses has been approved by the chairman.
Added by Acts 1980, No. 760, §1; Acts 2003, No. 774, §12.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:102. Functions of commission

RS 48:102 - Functions of commission
The commission shall be an affiliate of the National Commission and shall cooperate with and assist it in promoting interest in and the development of the Great River Road as designated by the federal authorities and shall serve in an advisory capacity to the department. The chairman of the commission shall be the Louisiana representative on the National Commission.
Added by Acts 1980, No. 760, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:103. Authority of commission

RS 48:103 - Authority of commission
The commission and the department shall succeed to all of the rights, powers and authority granted the State Planning Commission by the provisions of Act 72 of 1940, including the authority of the department to acquire property and property rights under any of the provisions of this Chapter, for the purpose of planning and developing the Great River Road project in accordance with federal law and regulations. The department is authorized to erect and maintain signs designating the route of the Great River Road through Louisiana. These signs shall be the standard marker developed and approved for the Great River Road by the National Commission.
Added by Acts 1980, No. 760, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:105.1. Transportation Training and Education Center Dedicated Fund Account; creation

RS 48:105.1 - Transportation Training and Education Center Dedicated Fund Account; creation
A. The Department of Transportation and Development may assess reasonable registration fees to participants in transportation education courses offered by the Louisiana Transportation Research Center (LTRC) Transportation Training and Education Center.
B. The secretary shall promulgate rules and regulations in accordance with law to effectuate the provisions of this Section, to implement a registration fee policy, and to provide for the uses and disposition of the fees collected. All fees collected pursuant to this Section and the rules and regulations promulgated by the secretary shall be deposited into the LTRC Transportation Training and Education Center Dedicated Fund Account as provided for in Subsection D of this Section.
C. The rules and regulations may authorize the chief engineer or his duly authorized representative to assess reduced fees for governmental personnel and faculty and staff of colleges and universities, provided those entities meet all state and federal requirements for a fee reduction.
D. There is hereby created, as a special statutorily dedicated fund account in the state treasury, the LTRC Transportation Training and Education Center Dedicated Fund Account, hereinafter referred to in this Section as the "account". After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, an amount equal to the monies received by the state treasury pursuant to the provisions of Subsections A and B of this Section and rules and regulations adopted by the Department of Transportation and Development shall be deposited into the account. The monies so deposited shall be used to defray the expenses of the LTRC Transportation Training and Education Center in connection with the development, contracting, delivery, and administration of the center's transportation training program. Monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of such monies shall be credited to the account after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana. Excess monies over and above the expenses of the center shall be distributed to workforce development programs and projects within the Department of Transportation and Development. All unexpended and unencumbered monies in the account at the end of any fiscal year shall remain in the account for use in subsequent fiscal years. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
Acts 2007, No. 49, §1, eff. July 1, 2007; Acts 2021, No. 114, §14, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:111. General counsel and assistants; qualifications

RS 48:111 - General counsel and assistants; qualifications
The secretary of the Department of Transportation and Development may employ a general counsel and such assistants as he finds necessary. The general counsel and his assistants shall be duly qualified and admitted to practice law in Louisiana. The secretary may fix the compensation of each.
Amended by Acts 1975, No. 151, §1; Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:112. Powers and duties

RS 48:112 - Powers and duties
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:121. Appointment of ex officio notaries; powers

RS 48:121 - Appointment of ex officio notaries; powers
The secretary of the Department of Transportation and Development and the state director of the Department of Veterans' Affairs may designate as ex officio notaries public a sufficient number of employees of their departments and they may, without charge or other compensation, administer oaths, take acknowledgments, and perform all other duties which any notary public is authorized by law to perform. However, their authority is limited to acts and instruments to which the department, the secretary, or the state director is a party and to the administration of oaths, affidavits, and other documents concerning any matter in which the department is interested.
The cost of each notarial seal shall be paid by the department.
Amended by Acts 1958, No. 67, §1; Acts 1962, No. 59, §1; Acts 1974, No. 675, §1; Acts 1977, No. 291, §1; Acts 1979, No. 506, §1, eff. July 13, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:131. Department purchasing agent; functions; bond

RS 48:131 - Department purchasing agent; functions; bond
The secretary shall appoint a purchasing agent, who shall be the head of this section. The purchasing agent shall advertise, let, and execute, on behalf of the department, all contracts for the purchase of supplies, materials, and equipment, in accordance with the provisions of the laws regulating the department. He shall give bond in favor of the governor in the amount of ten thousand dollars, conditioned on the faithful performance of his duties.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §3, eff. July 11, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:141. Financial services administrator to be appointed

RS 48:141 - Financial services administrator to be appointed
The secretary shall appoint a certified public accountant, duly qualified in this state, or an experienced cost accountant, to serve as the financial administrator, comptroller and disbursing officer for the department. He shall give bond in favor of the governor in the amount of ten thousand dollars, conditioned on the faithful performance of his duties.
Amended by Acts 1970, No. 414, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §4, eff. July 11, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:142. Financial services administrator has general charge of accounting, disbursing and cost accounting of the department

RS 48:142 - Financial services administrator has general charge of accounting, disbursing and cost accounting of the department
The financial services administrator has general charge of the accounting, disbursing and cost accounting of the department.
Amended by Acts 1970, No. 414, §1; Acts 1972, No. 428, §1; Acts 1979, No. 413, §5, eff. July 11, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:143. Financial services administrator is disbursing officer; checks, vouchers, and warrants

RS 48:143 - Financial services administrator is disbursing officer; checks, vouchers, and warrants
The financial services administrator is the disbursing officer of the department. All checks, vouchers, or warrants in payment of the accounts of the department and the salaries of the employees thereof shall be signed by the financial services administrator and countersigned by another officer or employee designated by the secretary, under such rules and regulations as are prescribed by the secretary.
Amended by Acts 1970, No. 414, §1; Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:167. Forfeiture of permit deposits to Transportation Trust Fund

RS 48:167 - Forfeiture of permit deposits to Transportation Trust Fund
Funds deposited with the department as guarantees by persons obtaining permits for the installation of the things described in R.S. 48:344 and 381 shall be forfeited to the department and credited to the Transportation Trust Fund if the permit terms remain unsatisfied or the deposit has not been claimed after the elapse of five years from the date of issuance of the permit.
Added by Acts 1965, No. 62, §1. Amended by Acts 1977, No. 291, §1; Acts 1999, No. 897, §2, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:191. State highway system; length; designation

RS 48:191 - State highway system; length; designation
A. There is hereby created and established a system of state highways which shall consist of fourteen functional classifications as follows:
(1) Urban highways described as:
(a) Urban-principal arterial-interstate.
(b) Urban-principal arterial-other freeways and expressways.
(c) Urban-principal arterial-other.
(d) Urban-minor arterial.
(e) Urban-major collector.
(f) Urban-minor collector.
(g) Urban-local.
(2) Rural highways described as:
(a) Rural-principal arterial-interstate.
(b) Rural-principal arterial-other freeways and expressways.
(c) Rural-principal arterial-other.
(d) Rural-minor arterial.
(e) Rural-major collector.
(f) Rural-minor collector.
(g) Rural-local.
B. The total length of the fourteen functional systems shall not exceed sixteen thousand six hundred seventy-five miles, and the additional length permitted herein is allowed solely for the purpose of adjustments that might become necessary from time to time within the sole discretion of the secretary, working in conjunction with the police juries or municipalities.
C. The location of all highways in the functional systems established hereby may be altered and amended by the secretary to such an extent and in such a manner as may be necessary for the purpose of meeting any requirements in order to obtain federal aid for road construction in Louisiana. The system of state highways created hereby shall consist of the above fourteen functional systems and the department shall maintain its current description in conformance with the same.
Amended by Acts 1955, No. 40, §2; Acts 1979, No. 187, §1; Acts 1993, No. 549, §1, eff. June 10, 1993; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2019, No. 375, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:192. Engineering standards; naming state highways

RS 48:192 - Engineering standards; naming state highways
A. The department shall immediately establish and maintain design standards for the functional classifications of state highways, following the best engineering practices and experiences for the construction of all roads, bridges, drainage structures, or other work which may be necessary from time to time which said standards shall comply with all federal regulations necessary to obtain federal aid for road and bridge construction in Louisiana.
B. The department may take into the state highway system any parish or municipal road needed to complete a necessary segment of a road; however, the total length of the state highway system established hereby is not exceeded and said road taken into the state highway system will not necessarily delay the needed construction and maintenance of roads on the existing system. The department may negotiate an exchange of roads in any parish or municipality for roads on the state-maintained highway system provided that the roads taken into the system in said exchange will not necessarily delay needed construction and maintenance of roads on the existing system.
C. The department may at any time the need justifies transfer a state highway from one functional classification to another.
D. Notwithstanding any other provision of law to the contrary, it shall be unlawful to name any state highway except by an Act of the legislature.
Acts 1955, No. 40, §3; Acts 1990, No. 200, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:194. East Baton Rouge Parish

RS 48:194 - East Baton Rouge Parish
A. Nothing contained in this Part nor any other provision of this Title shall prevent the governing authority of East Baton Rouge Parish from undertaking highway construction projects financed entirely by parish funds on highways that are within the state highway system.
B. Such projects, however, are subject to the following:
(1) Only projects that are funded pursuant to a ballot measure approved by the voters of East Baton Rouge Parish on October 15, 2005, may be undertaken pursuant to this Section.
(2) All work shall be done in accordance with and the completed project shall meet all applicable standards of the Department of Transportation and Development.
(3) The plans for any such project are subject to review and approval by the chief engineer of the department, who shall, within thirty days after submission, review and approve or propose changes to plans submitted by the parish.
(4) The parish governing authority may proceed with the design and construction portions of the project when it deems appropriate subject to approval provided for in Paragraph (3) of this Subsection; however, the construction phase shall be coordinated with the department so as to minimize disruption of the flow of traffic on and near the site of the project, taking into consideration any other projects the department may be executing at the same time and rules and regulations of the department.
(5) Upon completion of the project, the section of highway shall be maintained by the department under the same terms and conditions as apply to any other portion of the state highway system.
Acts 2006, No. 413, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:196. State Highway Improvement Fund

RS 48:196 - State Highway Improvement Fund
A. There is hereby created, as a special fund in the state treasury, the State Highway Improvement Fund, hereinafter referred to as the "fund." The source of monies in this fund shall be registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in such amounts as remain after payment of amounts due on bonds and related expenses as provided in the documents pursuant to which the bonds were issued under the provisions of R.S. 48:196.1. Beginning July 1, 2007, and each fiscal year thereafter, after satisfaction of the requirements of the provisions of R.S. 48:196.1 and compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2, the New Orleans Ferry Fund, and the Regional Maintenance and Improvement Fund, the treasurer shall deposit into the fund the following amounts:
(1) For Fiscal Year 2007-2008, twenty-five percent of such collections.
(2) For Fiscal Year 2008-2009, seventy-five percent of such collections.
(3) For Fiscal Year 2009-2010 and thereafter, all of the collections.
B. The monies in the fund shall be subject to an annual appropriation by the legislature and only be used as provided in Subsection C of this Section. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.
C. Monies appropriated from the fund shall be used exclusively by the Department of Transportation and Development for funding projects for any road which is part of the state highway system but not part of the federal system and, thus, is ineligible for federal highway funding assistance. Such projects shall include but not be limited to design, preventive maintenance, rehabilitation, restoration, and improvement of the state-maintained system of roads. In addition, these funds may be used to complete all of the preconstruction activities such as planning, survey, design, engineering, right-of-way acquisition, and utility relocations associated with such projects. These funds may also be used to compensate a parish or municipal governing authority for the acceptance of ownership of any road on the state highway system that is not part of the federal system pursuant to R.S. 48:224.1.
Acts 2006, No. 708, §2, eff. July 1, 2006; Acts 2008, 2nd Ex. Sess., No. 11, §2, eff. March 24, 2008; Acts 2011, No. 390, §2, eff. July 1, 2012; Acts 2012, No. 135, §1, eff. July 1, 2012; Acts 2012, No. 865, §3, eff. Jan. 1, 2013; Acts 2013, No. 273, §2, eff. July 1, 2013; Acts 2019, No. 362, §5, eff. June 11, 2019; Acts 2021, No. 325, §1, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:201. Records and record keeping

RS 48:201 - Records and record keeping
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:203. Annual highway budget

RS 48:203 - Annual highway budget
A. The secretary shall cause to be prepared an annual budget for each fiscal year ending June thirtieth. The annual budget shall show an accurate estimate of all available revenues, which revenues shall be completely allotted to specific purposes and individual projects, except that an allotment not to exceed four percent of the revenues from state sources for each fiscal year for unspecified emergency purposes may be made, which shall be subject, however, to approval by the secretary and the legislative budget committee. The budget shall be sent to the governor for incorporation into the executive budget and then to the legislature for enactment.
B. Allotments unexpended during the fiscal year shall be carried over to the next fiscal year and remain allotted to the same project until completion of the project and liquidation of the costs thereof.
C. Disbursements on specific projects shall be budgeted against allotments made for the specific project. The annual budget shall include a capital outlay program for a total of five years which the secretary recommends be undertaken within the period, arranged in a manner which will indicate the relative priority of such projects as money becomes available. Copies of the budget shall be made available to the public.
D. The adoption of the capital budget act for the first year of the five-year program shall constitute an appropriation or allocation of the sums specified therein for the first year only for the purposes specified. The secretary shall be responsible for the enforcement of the capital outlay budget of the department, shall establish procedures, rules and regulations for enforcement, and shall have emergency authority to vary from the budget.
Amended by Acts 1968, No. 342, §1; Acts 1970, No. 305, §1; Acts 1977, No. 291, §1; Acts 2001, No. 1032, §16.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:205. Bids

RS 48:205 - Bids
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:206. Formal contract; checks or money orders forfeited in default; bond

RS 48:206 - Formal contract; checks or money orders forfeited in default; bond
If the secretary requires that a formal contract be entered into between the successful bidder and the department, covering any purchase for which bids are required, he may require that the bids submitted be accompanied by a certified or a cashier's check, or by a postal or bank money order, as he may determine, for an amount designated by him. The check or money order shall be forfeited to the department if the bidder to whom the contract is awarded fails to sign the contract within ten days after having received notice of award from the department. Check or money orders of unsuccessful bidders shall be returned to them.
The successful bidder may, in any instance, be required to furnish a bond in an amount determined by the secretary, not more than the amount of the bid, conditioned upon the faithful performance of the contract.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 179, §1, eff. July 3, 1979.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:207. Emergency purchases; no bids necessary

RS 48:207 - Emergency purchases; no bids necessary
A. When recommended by the chief engineer, the assistant secretaries,
or the executive directors of the various offices and divisions of the department and when in the opinion of the secretary the best interest of the state will be served, emergency purchases of commodities, materials, supplies, equipment and miscellany, or purchases or leases of noncompetitive or patented articles, devices, equipment, or commodities may be negotiated and made without requesting bids. However, the essential documents authorizing these purchases or leases shall have written on their face the explicit reasons supporting the necessity for these leases or purchases.
B. When sections of highway, the component parts thereof, or any facility under the control of the department are damaged, obstructed, or destroyed by storms, floods, collisions, or other occurrences of violence, so as to impede or interrupt the normal use of the highway or facility, the secretary may make, or authorize to be made, without requesting bids, such emergency purchases as are required to temporarily repair the highway or facility until permanent repairs can be made. Such temporary repairs shall be held to the minimum necessary and plans shall immediately be started for the permanent rehabilitation of the highway or facility.
Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979; Acts 1984, No. 625, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:208. Surplus federal equipment and material

RS 48:208 - Surplus federal equipment and material
The department may purchase, without advertising, surplus equipment, materials, and supplies offered for sale by the federal government, or its agencies, at the minimum prices established by the federal government or its agencies, when, in the discretion of the secretary, the purchases would be to the interest of the state.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:211. Accounting system

RS 48:211 - Accounting system
The department shall adopt and use a modern system of accounting, auditing, and cost keeping in accordance with the best practices. The recommendation of the United States Department of Transportation and the American Association of State Highway and Transportation Officials for uniform accounting practices for transportation departments shall be given full consideration in the method of accounting adopted for the department.
Amended by Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:212. Agreements with federal government

RS 48:212 - Agreements with federal government
A. The department may enter into any agreements with the federal government or with any federal agency for the purpose of building or improving public highways, flight strips and public transportation facilities to the extent that the federal government or its agency is authorized by federal statutes to enter into such agreements, and with the same limitations.
B. The department may enter into agreements with federal agencies for the construction, operation, and maintenance of toll roads and toll bridges. It may negotiate loans from these agencies and provide the security therefor required by the federal agency. However, these projects shall be completely self-liquidating both as to cost of construction and as to cost of maintenance and operation during the term of any loan. The principal amount of such a loan or loans shall be amortized within a period of twenty-five years from the date of its making. The aggregate amount of such loan or loans shall at no time exceed five million dollars. When the cost of construction has been amortized, the department may continue to collect a nominal toll to defray the expenses of operation and maintenance or, in addition, to provide a surplus to offset depreciation.
C. During any period that the United States is in a state of war, the secretary, when so authorized in writing by the governor, may make available to the federal government or its armed forces any property, equipment, or personnel required in the national interest for purposes which the property, equipment, or personnel will appropriately serve. Appropriate commitment records shall be made with and receipt records obtained from commissioned officers of the armed services or other federal officials with authority to so act.
D. The department may enter into any agreements with the federal government or with any federal agency for the purpose of establishing and administering a railroad safety and inspection program to the extent that the federal government or its agency is authorized by federal statutes to enter into such agreements, and with the same limitations.
Amended by Acts 1977, No. 291, §1; Acts 1978, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:214. Fixed guideway rail systems; safety

RS 48:214 - Fixed guideway rail systems; safety
A. The office of multimodal planning of the Department of Transportation and Development is hereby designated as the state safety oversight entity pursuant to 49 U.S.C. §5329(e)(4).
B. As the state safety oversight entity, the office shall have the following powers and duties only to the extent necessary to fulfill its obligations under federal law:
(1) Enter onto and inspect the property of operators of fixed guideway rail systems receiving federal funds without prior notice to such operators.
(2) Audit operators of fixed guideway rail systems receiving federal funds for compliance with federal and state laws regarding the safety of fixed guideway rail systems and compliance with a public transportation agency safety plan adopted by a specific operator pursuant to 49 U.S.C. §5329(d).
(3) Direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time.
(4) Take legal action in a court of competent jurisdiction to compel an operator of a fixed guideway rail system to correct a safety hazard, or to prevent the operation of all or part of a fixed guideway rail system that the office has determined to be unsafe.
(5) Audit, review, approve, and oversee operators of fixed guideway rail systems receiving federal funds for compliance with a plan adopted by a specific operator in compliance with Title 49, Section 5329(d) of the United States Code.
(6) Enforce statutes, regulations, executive orders, and rules relating to the operation of a fixed guideway rail public transportation system in Louisiana.
(7) Implement such rules and regulations as may be necessary in order to comply with this Section, and as may be promulgated by the Department of Transportation and Development, in accordance with the Administrative Procedure Act.
Acts 2014, No. 170, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:216. Participation in highway associations

RS 48:216 - Participation in highway associations
The department may join and participate in associations formed by like departments of other states, territories, or foreign governments and with the United States Public Roads Administration or its successor, for the development and propagation of information concerning the construction, maintenance, and operation of public highways and the promotion of ideas concerning the safety and convenience of traffic thereon.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:217. Acquisition of rights-of-way and servitudes; entry for purpose of surveys, soundings, drillings, and examinations

RS 48:217 - Acquisition of rights-of-way and servitudes; entry for purpose of surveys, soundings, drillings, and examinations
A.(1) The department may by donation, purchase, exchange, lease, or expropriation, without any competitive bidding, acquire any immovable property, public or private, or the use thereof, including servitudes, lands, and improvements on lands necessary for the right-of-way of any highway included in the state highway system or any appurtenance thereto and for any of the purposes of this Chapter, including whatever property rights are necessary to restore access to property that has been landlocked by highway construction or those property rights which are necessary for the relocation of public utility and railroad facilities to accommodate the construction and maintenance of a state highway and the appurtenances thereto.
(2) Upon application by the owner of property which is necessary for the highway right-of-way of a project established and approved under the Transportation Infrastructure Model for Economic Development, as provided for in Part VI of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the department shall commence negotiations with the property owner to acquire the property. Negotiations may begin upon verification through the preliminary planning process that the property is required for the right-of-way. However, no property shall be acquired under the provisions of this Paragraph until the director of real estate has determined that sufficient funds are available.
B. Where the consent of a property owner has not been otherwise obtained, the Department of Transportation and Development and its authorized agents and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as it may deem necessary or convenient for the purpose of this Chapter and Section, and such entry shall not be deemed a trespass, nor shall such entry for such purpose be deemed an entry under any eminent domain proceedings which may be then pending, provided that registered notice of five days to resident owners and fifteen days to nonresident owners shall be given to the last record property owner as reflected by the parish assessment rolls, which said notice shall be mailed to the last known and recorded address of said owner as reflected by said assessment records.
C. The Department of Transportation and Development shall make reimbursement for any actual damages resulting to such lands, waters, and premises as a result of such activities.
D. In order to facilitate the acquisition of servitudes for the relocation of public utility and railroad facilities, the Department of Transportation and Development shall promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.).
Acts 1987, No. 642, §1; Acts 2003, No. 180, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:217.1. Recordation of maps of highway projects

RS 48:217.1 - Recordation of maps of highway projects
The department shall cause to be recorded copies of all right-of-way maps relative to highway projects for which immovable property was acquired or a right-of-way or servitude affecting or involving immovable property was obtained, said recordation to be made in the parish in which the immovable property is situated.
The department may reduce to size of such copies for convenience and they shall be accepted and filed in a suitable place by the clerks of court without cost to the department.
Added by Acts 1970, No. 501, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:218. Expropriation for highways; compensation and damages

RS 48:218 - Expropriation for highways; compensation and damages
Where it is necessary to acquire a right of way over, or the title to, private property in order to carry out the purposes of this Chapter and the owner thereof is unable to agree with the department as to the purchase price or charge therefor or is otherwise unwilling to transfer either the title to or the right of way over the property, the department may proceed to expropriate the property or the right of way thereover under the general expropriation laws of the state. The proceedings shall be brought in the name of the state and shall be tried as summarily as possible, either in term time or vacation.
In expropriating lands for rights of way, if any improvement of the landowner or any crops upon the land are damaged or destroyed by the location of the right of way, the owner may recover compensation, in addition to the compensation for the property or the right of way, for the actual injury to or destruction of the improvement or crop.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:219. Estoppel of contest after commencement of work; damages

RS 48:219 - Estoppel of contest after commencement of work; damages
After the department has laid out a highway or other facility undertaken by the Department of Transportation and Development over a certain tract of land and the work thereon has commenced without objection on the part of the landowner, the landowner may not prevent or retard the construction thereof by any legal process, but is limited to an action for damages.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:220. Width of right-of-way

RS 48:220 - Width of right-of-way
A. The width of rights-of-way for highway construction shall be fixed by the chief engineer of the Department of Transportation and Development. Generally, the width may be fixed in a manner sufficient, in the judgment of the chief engineer, to provide presently and in the future for the public interest, safety, and convenience. Specifically, the width may be fixed in a manner sufficient to adequately accommodate the future improvement of the highway by the construction of additional lanes of pavement, service roads, intersections, traffic distribution devices, and grade separations. It may be fixed to provide sight distances and insure stability and lateral support for the embankments, structures, and appurtenances to the highway and to provide for proper drainage.
B. Notwithstanding any provision of law to the contrary, fences may be erected up to, but not within, the boundary of the designated right-of-way of any road or highway in Ward 1 or Ward 5 in Beauregard Parish.
Amended by Acts 1977, No. 291, §1; Acts 1997, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:220.1. Width of right of way acquired informally

RS 48:220.1 - Width of right of way acquired informally
Whenever the department of highways, under its statutory authority takes over an existing road from a parish or municipality, unless there is an agreement between the two agencies to the contrary, the department shall acquire all of the rights which the ceding agency possessed with regard to the ceded road or street. In those instances where the highway was constructed by the parish or municipality without a recorded conveyance or dedication of the right of way by the landowner, and in those instances where the department has constructed a highway without a recorded conveyance or dedication by the landowner, the width of the right of way servitude for the said highway shall include the roadway, shoulder, roadside ditch and an area extending one and one-half feet beyond the rear or outside slope of the roadside ditch. Nothing herein shall affect title to any buildings or fences, nor require their removal without payment of just compensation therefor, nor shall anything herein affect title to the soil beneath the highway right of way nor to any minerals thereunder. The existence of the highways for a period in excess of three years shall vest title to the right of way servitude in the Department of Highways.
Added by Acts 1976, No. 630.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:222. Acquisition of natural deposits; when allowed

RS 48:222 - Acquisition of natural deposits; when allowed
The department may acquire by purchase, lease, donation, or expropriation and may operate any gravel bed, fill or rock deposit, marble or granite quarry, or land from which earth can be obtained, or other natural resources or deposits susceptible of being used for the construction or maintenance of state highways or bridges, if the needs of the state in the construction and maintenance of highways will be best served by the acquisition.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:224.1. Transfer and exchange of state and local roads

RS 48:224.1 - Transfer and exchange of state and local roads
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.
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.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:225. Lease or acquisition of necessary buildings

RS 48:225 - Lease or acquisition of necessary buildings
The department may, by lease, donation, purchase, or exchange, acquire or erect any buildings and structures that, in the opinion of the secretary, are required in conducting the business of the department.
Amended by Acts 1977, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:227. Lands beneath elevated expressways; lease of

RS 48:227 - Lands beneath elevated expressways; lease of
The Department of Transportation and Development is hereby authorized to lease after public bid for commercial and other purposes not repugnant to the state, lands beneath elevated expressways owned and maintained by the department.
Added by Acts 1970, No. 432, §1. Amended by Acts 1977, No. 291, §1.