reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:212. Authority of governor to obtain reports and information

RS 49:212 - Authority of governor to obtain reports and information
The governor may require written information and reports from all executive or administrative departments, officials, agencies, and instrumentalities of the executive branch of the state government and from any levee board, commission, port authority, department, or other state agency or instrumentality thereof. The written information and reports shall be with respect to their respective finances, duties and responsibilities and shall include any other information that may be useful to the governor or to any other supervisory official or agency, and that, in the opinion of the governor, may be useful and helpful in the administration of the affairs of the executive branch of the state government.
Added by Acts 1975, No. 50, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:213. Authority of governor to establish office of civil rights

RS 49:213 - Authority of governor to establish office of civil rights
The governor may establish within his office an office of civil rights to merge, consolidate, and administer the powers, duties, functions, and responsibilities of any state agency relative to equal employment opportunity and nondiscrimination in the provision of state services under the applicable state and federal statutes. It shall be the duty of such office to establish procedures where applicable to carry out such functions and responsibilities, including but not limited to procedures for investigation of and action on complaints regarding equal employment opportunity and discrimination in state services under the applicable state and federal statutes, and planning therefor.
Added by Acts 1978, No. 348, §2.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.4.2. America's WETLAND Trail

RS 49:214.4.2 - America's WETLAND Trail
A. The America's WETLAND Trail may be established in the Coastal Protection and Restoration Authority.
B. The purpose of the America's WETLAND Trail shall be to heighten awareness of the dramatic coastal land loss occurring in south Louisiana and what that loss means to the entire state and the nation and to promote an understanding of how important the wetlands are to the state and the nation and what benefits are derived from these vital wetlands.
C.(1) The Coastal Protection and Restoration Authority may develop and implement a plan for the trail which shall at a minimum meet the objectives in Paragraph (2) of this Subsection.
(2) The trail will connect sites and events along coastal Louisiana from the western border with Texas to the eastern border with Mississippi. The sites included will highlight wildlife preserves and refuges, environmental and cultural resource centers, birding and nature trails, and cultural and historic sites. In addition, opportunities and tours will be included that allow visitors and state residents to experience the vast natural resources of the wetlands and the culture of our heritage through fairs and festivals, and generally to access the eco-tourism opportunities in the state of Louisiana.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.5.6. Measure of compensation; property taken for public purposes; venue

RS 49:214.5.6 - Measure of compensation; property taken for public purposes; venue
A. The full police power of the state shall be exercised to address the rapid, ongoing, and catastrophic loss of coastal Louisiana, and in order to devote the maximum resources of the state to meet this immediate and compelling public necessity, compensation to be paid for property taken for public purposes related to coastal wetlands conservation, management, preservation, enhancement, creation, or restoration shall only be paid by the state or its political subdivisions as provided in this Section.
B. Compensation paid for the taking of, including loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation, or restoration activities shall be governed by and strictly limited to the amount and circumstances required by the Fifth Amendment of the Constitution of the United States of America.
C. Notwithstanding any other provision of law to the contrary, any person who has entered into an oyster lease with the state and who is claiming compensation pursuant to this Section arising out of or in any way related to the oyster lease granted by the state shall file such action only in the Nineteenth Judicial District Court for the Parish of East Baton Rouge.
D. The full police power of the state shall be exercised to address the loss and devastation to the state and individuals arising from hurricanes, storm surges and flooding. To devote the maximum resources of the state to meet these immediate and compelling public necessities, compensation paid for the taking of, or loss or damage to, property rights necessary for the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall be limited to the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in Article I, Section 4(G) of the Constitution of Louisiana is applicable.
Acts 2009, No. 523, §3, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.5.7. Legal representation of the board; attorney general

RS 49:214.5.7 - Legal representation of the board; attorney general
The attorney general or his designee shall be the legal advisor to the board, shall counsel and advise the board, and shall represent the board in all legal proceedings.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.5.8. Certain activities on dunes prohibited; penalties; speed limits on beaches

RS 49:214.5.8 - Certain activities on dunes prohibited; penalties; speed limits on beaches
A. Except as provided in Subsection B of this Section, unless operating under a permit issued by a state or federal agency, no person shall engage in any of the following activities on any dune located on public or private land in the coastal area:
(1) Willful or malicious cutting, altering, breaking, or destroying a dune in any manner or attempting to cut, alter, break, or destroy a dune in any manner.
(2) Riding, driving, operating, or hauling any motorized or mechanical vehicle except on public roads.
B. Notwithstanding the provisions of Paragraph (A)(2) of this Section, private owners of land located in the coastal area, their employees, or independent contractors hired by the landowner may traverse dunes located on land owned by that landowner using motorized and mechanical vehicles during the course and scope of inspection, repair, construction, or other improvements to the land.
C. "Dune" shall be defined as a natural or man-made mound or bluff of sand, located landward of the beach, that has sufficient vegetation, height, continuity, and configuration to be of protective value.
D. Violation of this Section shall be punishable as follows:
(1) For the first offense, the fine shall be one hundred dollars.
(2) For the second offense, the fine shall be five hundred dollars.
(3) For the third and all subsequent offenses, the fine shall be one thousand dollars and imprisonment for not less than thirty days, nor more than sixty days.
E. The governing authority of Cameron Parish may enact speed limits on beaches.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2011, 1st Ex. Sess., No. 7, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.4. Functions and responsibilities; continuation of certain flood control projects

RS 49:214.6.4 - Functions and responsibilities; continuation of certain flood control projects
Nothing in this Chapter is intended to interfere with or impede the design, planning, construction, or financing of any flood protection project undertaken by any levee district within the coastal area which was initiated prior to January 1, 2006.
Acts 2009, No. 523, §3, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.5. Hurricane protection and flood control activities; levees or levee drainage purposes; taking of property; compensation

RS 49:214.6.5 - Hurricane protection and flood control activities; levees or levee drainage purposes; taking of property; compensation
A. Pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, compensation paid for the taking of, or loss or damage to, property rights affected by the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America.
B. For the purposes of this Section, "full extent of the loss" as provided in any law or rule affecting taking of property for the purposes set forth in Subsection A of this Section shall mean compensation required by the Fifth Amendment of the Constitution of the United States of America.
C. The provisions of this Section shall supersede and control to the extent of conflict with any other provision of law.
D. As provided in Article I, Section 4(G) of the Constitution of Louisiana, the provisions of this Section shall not apply to compensation paid for a building or structure that was destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within three years of such event.
Acts 2009, No. 523, §3, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.6. Infrastructure priority program; applications; evaluations

RS 49:214.6.6 - Infrastructure priority program; applications; evaluations
A. Applications for funding of any infrastructure project may be submitted by any political subdivision of the state. For any infrastructure projects, applications shall be made to the Coastal Protection and Restoration Authority Board by November first of each year for consideration of funding in the following fiscal year. Applications submitted in accordance with the provisions of this Section shall not be subject to the provisions of R.S. 39:101. Agencies submitting applications for projects in this program shall be responsible for preparation of applications for their respective projects. Information to be provided in the application shall include but not be limited to the following:
(1) Description of the infrastructure impacted by coastal wetlands loss and demonstration of need for the project and benefits of the project.
(2) Preliminary project design and cost estimate.
(3) Description of project area including the geographical area affected, and land ownership information.
(4) Description of how the project is consistent with the priorities of the master plan and how the project will address mitigation issues.
B. Project applications shall not be subjected to formal review and evaluation until the information required in the application has been submitted or is determined to be unavailable.
C. The applications submitted by agencies shall be evaluated by the Coastal Protection and Restoration Authority Board which shall hold no less than three public hearings in separate locations within the coastal area for the purpose of receiving public testimony and comment from requesting authorities and citizens regarding the proposed infrastructure projects. Such hearings may be held at the same time and location as hearings set for public comment on the annual plan. The authority shall prioritize and rank such applications. The authority shall provide its application evaluations to the Coastal Protection and Restoration Authority Board.
D. Based upon the evaluations of the authority, the board may compile a list of infrastructure projects to be formally included in the annual plan.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.7. Barrier islands, shoreline stabilization, and preservation

RS 49:214.6.7 - Barrier islands, shoreline stabilization, and preservation
A. The executive director of the Coastal Protection and Restoration Authority shall establish a barrier islands and shorelines stabilization and preservation program. As part of the barrier islands and shorelines program, the authority shall require that all projects subject to public bid include appropriate dredges for use to stabilize and preserve barrier islands and shorelines. In addition, the authority shall require that all barrier island stabilization and preservation projects mandate a minimum dune height of eight feet with vegetation where appropriate.
B. By September first each year, the governing authority of each parish which has barrier islands and shorelines shall submit to the authority and the Coastal Protection and Restoration Authority Board a list of barrier islands and shorelines stabilization and preservation projects requested for that parish. The authority shall review the projects submitted and by December first of each year shall issue a list which prioritizes those requests.
C. The priority list shall be promulgated and shall be subject to legislative oversight by the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources under the Administrative Procedure Act. Such oversight shall occur prior to March first each year.
D. Repealed by Acts 2018, No. 612, §22, effective July 1, 2020.
E. Repealed by Acts 2018, No. 612, §22, effective July 1, 2020.
F. The Coastal Protection and Restoration Authority shall annually submit a barrier island status report to the legislature. The report shall indicate the condition of all barrier islands, provide the status of all barrier island stabilization and preservation projects under construction, and shall outline future plans for restoration and maintenance of the barrier islands and coastal passes. The annual report shall be submitted to each member of the legislature during the regular session of the legislature.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012; Acts 2018, No. 612, §22, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.9. Authority for integrated coastal protection surveying

RS 49:214.6.9 - Authority for integrated coastal protection surveying
The Coastal Protection and Restoration Authority and its authorized agents, contractors, or and employees shall also have the power to enter upon any lands, waters, and premises in the state for the purpose of making such surveys, soundings, drillings, and examinations as may be necessary or convenient for carrying out the purposes of integrated coastal protection, which entry shall not be deemed a civil or criminal trespass nor a temporary construction servitude, nor shall it be deemed an entry under any eminent domain proceedings which may be then pending, provided that prior written notice of five days to resident owners and fifteen days to nonresident owners be given to the last record property owner as reflected in the parish assessment rolls. Written notice shall consist of mailing the notice by certified mail to the last known address of the owner as shown in the current assessment records. The Coastal Protection and Restoration Authority shall indemnify the property owner for any loss or injury resultant from entry upon the property and shall make reimbursement for any actual damages resulting to lands, waters, and premises as a result of these activities.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2012, No. 604, §3, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.6.10. Hold harmless and cooperative landowner immunity

RS 49:214.6.10 - Hold harmless and cooperative landowner immunity
A. In accordance with Article XII, Section 10 of the Constitution of Louisiana, and notwithstanding any other law to the contrary, the state of Louisiana, its political subdivisions, and its agents or employees and, in addition, the United States and its agents and employees, shall be held free and harmless from any claims for loss or damages to rights arising under any contract or agreement, lease, permit, or license granted to any individual or other entity for any purpose on state lands or water bottoms from diversions of freshwater or sediment, depositing of dredged or other materials, integrated coastal protection project, or any other actions, taken for the purpose of management, preservation, enhancement, creation, protection, or restoration of coastal wetlands, water bottoms, or related public or renewable resources.
B. All departments, agencies, boards, or commissions of the state of Louisiana and its political subdivisions shall include language which shall hold the state and its political subdivisions harmless for the purposes set out in this Section in all leases, permits, or licenses granted to any individual or other entity after July 1, 1995.
C. Landowners or persons holding an interest in property who, without cost to the state or its political subdivisions, provide the land, property, access rights, servitudes, easements, or other property interests necessary for a project conducted pursuant to the authority of R.S. 49:214.5.2(A)(7), shall be immune from premise liability, loss, damage, or injury to any third party resulting from or caused by the construction, operation, or maintenance of that integrated coastal protection project.
Acts 2009, No. 523, §3, eff. July 10, 2009; Acts 2010, No. 734, §6.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.8.1. Purpose

RS 49:214.8.1 - Purpose
The provisions of this Subpart are intended to establish an Atchafalaya Basin Program within the Coastal Protection and Restoration Authority to serve as the authority on behalf of the state to work in partnership with the United States Army Corps of Engineers and other public entities, and coordinate state and local activities, in developing and implementing the federally sponsored and funded Atchafalaya Basin Floodway System, Louisiana Project.
Acts 2018, No. 570, §3, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.8.2. Definitions

RS 49:214.8.2 - Definitions
As used in this Subpart, the following terms shall have the meaning ascribed to them below:
(1) "Access project" means construction or renovation of a boat launch or a roadway that provides access to areas of the Atchafalaya Basin, or acquisition of a maximum of fifteen hundred acres, all in compliance with the provisions of the state or federal master plans.
(2) "Annual basin plan" means the list of projects or stages of projects to be undertaken in any single fiscal year. The annual basin plan shall be included in the annual state integrated coastal protection plan provided for in R.S. 49:214.2.
(3) "Atchafalaya Basin" means the area located within the guide levees of the Atchafalaya Basin and those areas directly adjacent to the levees bounded on the north by U.S. Highway 190 and on the south by Morgan City, and as defined in the Atchafalaya Basin Floodway System, Louisiana Project.
(4) "Atchafalaya Basin Floodway System, Louisiana Project" means the Atchafalaya Basin Floodway System, Louisiana Project and enacted by the 1982 Atchafalaya Basin Floodway System, United States Army Corps of Engineers feasibility study, Supplemental Appropriations Act of 1985, Public Law 99-88, as amended by the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.
(5) "Authority" means the Coastal Protection and Restoration Authority.
(6) "Basin master plan" means the plan developed by the state in accordance with the federal Atchafalaya Basin Floodway System, Louisiana Project, pursuant to federal law, including the Supplemental Appropriations Act of 1985, Public Law 99-88, and the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114.
(7) "Board" means the Coastal Protection and Restoration Authority Board.
(8) "Director" means the executive director of the Coastal Protection and Restoration Authority.
(9) "Program" means the Atchafalaya Basin Program.
(10) "Water management project" means any project that facilitates improvements to water quality, interior circulation, water access, or improvements to general ecosystem function by means of sediment reduction, removal, or diversion.
Acts 2018, No. 570, §3, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.8.3. Creation of program

RS 49:214.8.3 - Creation of program
A. The Atchafalaya Basin Program is hereby created as a program within the Coastal Protection and Restoration Authority.
B. The program shall include the director, the Coastal Protection and Restoration Authority Board, the technical advisory committee, and the staff for the authority.
Acts 2018, No. 570, §3, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.8.5. Capital improvement program

RS 49:214.8.5 - Capital improvement program
Any project which is proposed for inclusion in an annual basin plan that is not included in the basin master plan or the Atchafalaya Basin Floodway System, Louisiana Project shall first be reviewed, studied, and analyzed by the technical advisory group. The board may consider the proposal, and if approved, the project shall be included in an annual plan for presentation to the legislature for its approval.
Acts 2018, No. 570, §3, eff. July 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.8.7. Repealed by Acts 2023, No. 345, §4, see Act.

RS 49:214.8.7 - Repealed by Acts 2023, No. 345, §4, see Act.
Acts 2018, No. 570, §3, eff. July 1, 2018; Acts 2023, No. 345, §4, see Act.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.21. Short title

RS 49:214.21 - Short title
This Subpart shall be known and may be cited as the State and Local Coastal Resources Management Act of 1978.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.22. Declaration of public policy

RS 49:214.22 - Declaration of public policy
The legislature declares that it is the public policy of the state:
(1) To protect, develop, and, where feasible, restore or enhance the resources of the state's coastal zone.
(2)(a) To assure that, to the maximum extent feasible, constitutional and statutory authorities affecting uses of the coastal zone should be included within the Louisiana Coastal Management Program and that guidelines and regulations adopted pursuant thereto shall not be interpreted to allow expansion of governmental authority beyond those laws.
(b) To express certain regulatory and non-regulatory policies for the coastal zone management program. Regulatory policies are to form a basis for administrative decisions to approve or disapprove activities only to the extent that such policies are contained in the statutes of this state or regulations duly adopted and promulgated pursuant thereto. They are to be applicable to each governmental body only to the extent each governmental body has jurisdiction and authority to enforce such policies. Other policies are nonregulatory. They are included in the Coastal Zone Management Plan to help set out priorities in administrative decisions and to inform the public and decision makers of a coherent state framework, but such policies are not binding on private parties.
(3) To support and encourage multiple use of coastal resources consistent with the maintenance and enhancement of renewable resource management and productivity, the need to provide for adequate economic growth and development and the minimization of adverse effects of one resource use upon another, and without imposing any undue restriction on any user.
(4) To employ procedures and practices that resolve conflicts among competing uses within the coastal zone in accordance with the purpose of this Subpart and simplify administrative procedures.
(5) To develop and implement a coastal resources management program which is based on consideration of our resources, the environment, the needs of the people of the state, the nation, and of state and local government.
(6) To enhance opportunities for the use and enjoyment of the recreational values of the coastal zone.
(7) To develop and implement a reasonable and equitable coastal resources management program with sufficient expertise, technical proficiency, and legal authority to enable Louisiana to determine the future course of development and conservation of the coastal zone and to ensure that state and local governments have the primary authority for managing coastal resources.
(8) To support sustainable development in the coastal zone that accounts for potential impacts from hurricanes and other natural disasters and avoids environmental degradation resulting from damage to infrastructure caused by natural disasters.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2006, No. 548, §1, eff. June 22, 2006.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.26. Coastal management program; administration

RS 49:214.26 - Coastal management program; administration
A.(1) A coastal management program is hereby established within the Department of Energy and Natural Resources. The secretary or his designee shall administer the coastal management program.
(2) The secretary is authorized to employ such additional staffing as may be necessary to carry out the coastal management program.
B. The secretary may authorize his designee to administer the program and/or:
(1) Receive, evaluate, and make recommendations to the secretary concerning applications for coastal uses permits.
(2) Conduct or cause to be conducted investigations, studies, planning, and research. (3) Systematically monitor and conduct surveillance of permitted uses to ensure that conditions of coastal use permits are satisfied.
(4) Coordinate closely with the secretary and local, state, regional, and federal agencies with respect to coastal management.
(5) Make recommendations to the secretary relative to appropriate enforcement measures for violations of this Subpart and measures to obtain civil relief, as provided by R.S. 49:214.36(D).
(6) Provide advice and technical assistance to the secretary and local governments.
(7) Conduct such activities or make such decisions as may be delegated or authorized by the secretary.
C. The secretary shall make decisions on applications for coastal use permits and may establish conditions on the granting of coastal use permits.
D. The secretary is further authorized to carry out those duties delegated to his designee by Subsection B of this Section.
Acts 1983, No. 705, §4, eff. Sept. 1, 1983; Acts 1984, No. 408, §1, eff. July 6, 1984; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.31. Existing authority of certain state departments and local governments retained

RS 49:214.31 - Existing authority of certain state departments and local governments retained
A. Nothing in this Subpart shall abridge the constitutional authority of any department of state government or any agency or office situated within a department of state government. Nor shall any provision, except as clearly expressed herein, repeal the statutory authority of any department of state government or any agency or office situated in a department of state government.
B. Permits issued pursuant to existing statutory authority of the office of conservation in the Department of Energy and Natural Resources for the location, drilling, exploration, and production of oil, gas, sulphur, or other minerals shall be issued in lieu of coastal use permits, provided that the office of conservation shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program, and any affected local program.
C. Permits issued pursuant to existing statutory authority by the Department of Wildlife and Fisheries for the leasing, seeding, cultivation, planting, harvesting or marking of oyster bedding grounds shall be issued in lieu of coastal use permits, provided that the Department of Wildlife and Fisheries shall coordinate such permitting actions pursuant to R.S. 49:214.32(B) and (D) and shall ensure that all activities so permitted are consistent with the guidelines, the state program and any affected local program.
D. The provisions of this Subpart are not intended to abridge the constitutional authority of any local governments, levee boards or other political subdivisions.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2023, No. 150, §20, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.37. Approval of rules, regulations, or guidelines

RS 49:214.37 - Approval of rules, regulations, or guidelines
Any rule, regulation, or guideline shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act and shall be subject to approval by the House Committee on Natural Resources and Environment and Senate Committee on Natural Resources. Such approval shall be presumed unless either committee submits objections in writing within fifteen days after receipt of the proposed rule, regulation, or guideline, provided that such written objections shall be subject to override by the governor within five days after receipt of the objections by the governor.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2008, No. 580, §6.
NOTE: See Acts 1989, 2nd Ex. Sess., No. 6, §7.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.38. Effect on titles

RS 49:214.38 - Effect on titles
A. Nothing in this Subpart shall be construed as affecting the status of the title of the state or other governmental body to real rights in lands or water bottoms.
B. Except as may be otherwise authorized by law, the involuntary acquisition, directly or indirectly, of privately owned property is not necessary to achieve the intents and purposes of this Subpart, and no rule, regulation, ordinance, order, or standard, the purpose or application of which is to effect an involuntary acquisition or taking of such property, shall be adopted, enacted, or implemented pursuant to the provisions of this Subpart.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979; Acts 2004, No. 633, §1, eff. July 5, 2004.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.39. Effective date

RS 49:214.39 - Effective date
This Subpart shall become effective on January 1, 1979, except that the coastal use permit program established pursuant to R.S. 49:214.30 shall not commence until thirty days after the adoption of guidelines pursuant to R.S. 49:214.27.
Acts 1978, No. 361, §1, eff. Jan. 1, 1979.
{{NOTE: SEE ACTS 1989, 2D EX. SESS., NO. 6, §7.}}
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.61. Coastal Protection and Restoration Authority; acquisition of property prior to judgment; definitions

RS 49:214.61 - Coastal Protection and Restoration Authority; acquisition of property prior to judgment; definitions
A. When the Coastal Protection and Restoration Authority cannot amicably acquire property in the coastal zone needed for barrier island preservation, restoration, or creation for coastal wetlands purposes, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court as provided in this Part.
B. At least thirty days prior to filing a petition for expropriation, the department must notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification must also inform the owner that if, within thirty days after being served with the notice of suit, he does not object in writing to the taking on the ground that it is not within the coastal zone or necessary for barrier island preservation, restoration, or creation for coastal wetlands purposes, he will waive all defenses to the taking except claims for recognition of the ownership of subsurface mineral rights. A copy of this Part must be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the department shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in R.S. 48:441 through 460.
D. As used in this Part:
(1) "Coastal zone" means the coastal zone boundary as defined in R.S. 49:214.24.
(2) "Department" means the Coastal Protection and Restoration Authority or its successor.
(3) "Property" means the servitude of use, easement or right-of-way over, through, along and across immovable property necessary to establish, maintain or operate a project for barrier island preservation, restoration, or creation for coastal wetlands purposes, including rights of ingress and egress to public or private areas on which such projects are being established, maintained or operated. The term "property" shall not include, and the department shall not be entitled to acquire pursuant to the provisions of this Part, ownership of the surface or subsurface of any immovable property, including, without limitation, mineral rights.
E. The provisions of this Part shall supersede and control to the extent of conflict with any other provision of law.
Acts 2004, No. 633, §1, eff. July 5, 2004; Acts 2010, No. 734, §6; Acts 2012, No. 604, §3, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.63. Contents of petition; place of filing

RS 49:214.63 - Contents of petition; place of filing
The right of expropriation granted by this Part shall be exercised in the following manner:
(1) A petition shall be filed by the department in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. The court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property interest necessary to be acquired therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate executed by the secretary of the department or his designee declaring that the property interest has been fixed sufficiently in his judgment to provide for the public interest, and that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of coastal conservation, restoration and management.
(c) A statement that the establishment of the perpetual, transferable ownership of subsurface mineral rights as provided in R.S. 49:214.62 constitutes just and adequate compensation to the full extent of the owner's loss for the taking or the damage, or both.
(d) A copy of the return receipt from the department's letter of notification of intention to expropriate the property.
(e) A survey plat depicting the then-existing coast or shoreline of the property and the project area which the department reasonably believes to be the area impacted by the project for which the property is acquired.
(4) The petition shall contain a statement that it constitutes the secretary's agreement to establish in favor of the owner of the property the perpetual, transferrable ownership of all subsurface mineral rights to the then-existing coast or shoreline of the property, and to establish in such owner the ownership of fifty percent of the subsurface mineral rights in and to emergent lands within the project area, and certifying that the secretary, in accordance with the provisions of R.S. 41:1702(D)(2)(d) has submitted the petition for review and approval of the House and the Senate committees on natural resources, after publishing the petition as provided in the Administrative Procedure Act prior to filing.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.64. Prayer of the petition; ex parte order of taking

RS 49:214.64 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order declaring that the property described in the petition has been taken for public purposes.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.65. Vesting of title

RS 49:214.65 - Vesting of title
Title to the property interest specified in the petition shall vest in the state and ownership of the subsurface mineral rights shall vest in the owner of the property upon final court order declaring that the property has been taken for the purposes of this Part and that just and adequate compensation as provided in R.S. 49:214.62 has been made. Upon vesting of title, all parties may exercise the rights of ownership and use delineated and conveyed by the final court order.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.66. Notice to defendant

RS 49:214.66 - Notice to defendant
A. The clerk of court shall issue a notice to each defendant in the suit notifying him that the property described in the petition has been expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes.
B. This notice, together with a certified copy of the order and the petition, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.67. Contesting validity of taking; waiver of defenses

RS 49:214.67 - Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not located within the coastal zone or was not expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes may file a motion to dismiss the suit within thirty days from the date the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or his attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be given preference in scheduling and hearing. Ruling on the motion shall be rendered expeditiously.
B. Failure to file the motion within the time provided or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for recognition of the ownership of subsurface mineral rights as provided for in this Part.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.68. Defendant's answer; requirements; delay for filing

RS 49:214.68 - Defendant's answer; requirements; delay for filing
When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the ownership of subsurface mineral rights to which he is entitled, if:
(1) He files an answer within one year from the date he is notified in writing by the department that it has finally accepted the project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the department.
(2) His answer reasonably describes the areas to which he asserts ownership of the subsurface mineral rights.
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.69. Effect of appellate proceedings

RS 49:214.69 - Effect of appellate proceedings
In any expropriation suit brought by the department pursuant to the authority set forth in this Part, no appellate proceedings or review shall operate to prevent or delay the vesting of title in the plaintiff.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:214.70. Grant as additional authority

RS 49:214.70 - Grant as additional authority
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2004, No. 633, §1, eff. July 5, 2004.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:215. Executive orders; procedures; limitations

RS 49:215 - Executive orders; procedures; limitations
A. The authority of the governor to see that the laws are faithfully executed by issuing executive orders is recognized.
B. Each executive order issued by the governor shall be published in the Louisiana Register as required by the provisions of R.S. 49:953.
C. Each executive order issued by the governor shall terminate and shall be void and of no effect on such date as shall be provided in the executive order or a subsequent executive order. If no such termination date is provided by executive order, the order shall terminate sixty days following adjournment sine die of the regular session of the legislature after the issuing governor leaves office.
D. The governor may establish executive branch agencies by executive order. Any agency so created shall terminate on such date as is provided in the executive order or by subsequent executive order, which termination date shall be within one year of the date of issuance of the order, or, if no such date is stated, one year from the date of issuance of the order, unless the agency is, within such period, statutorily created or terminated by the legislature.
E. Whenever an executive order issued by the governor provides for an appointment to public office, whether to a board, commission, committee, executive or other office and whether to fill an initial or succeeding full term of office or the unexpired portion of a term of office, the governor shall submit the appointment to the Senate for confirmation. After initial confirmation by the Senate, reconfirmation shall not be required for appointments by the governor to any board or commission which is established by the Constitution of Louisiana.
Added by Acts 1982, No. 687, §1, eff. Aug. 2, 1982. H.C.R. No. 4, 1984 1st Ex. Sess.; Acts 1984, No. 778, §1; Acts 2003, No. 774, §13.
NOTE: SEE ACTS 1984, NO. 778, §2.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:219.1. Policy and purpose

RS 49:219.1 - Policy and purpose
A. It is the policy of the state to undertake every responsible effort, explore every opportunity, invite every useful contribution, and expend every available resource, to eliminate the abuse of drugs and alcohol and the damage to people and institutions that results from such abuse.
B. In view of the policy of the state, it is the purpose of this Part to establish a state agency organizationally positioned and structurally empowered to elicit, motivate, and coordinate the best efforts and ideas of all organizations, agencies, entities, and individuals who volunteer or can be conscripted to make a contribution toward the goal of eradicating drug and alcohol abuse and its poisonous fruit.
Acts 1990, No. 1029, §2, eff. July 26, 1990.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:219.3. Powers, duties, and functions; staffing; funding

RS 49:219.3 - Powers, duties, and functions; staffing; funding
A. The board shall:
(1) Identify, examine, select or develop, recommend or implement, drug control policies and strategies to more effectively combat illegal drugs and alcohol abuse.
(2) Stress a coordinated approach emphasizing application, or needed revisions, of enforcement capabilities targeting drug use, sale, and supply.
(3) Identify, examine, select or develop, recommend or implement, demand reduction measures such as education, prevention, treatment, rehabilitation, and public awareness.
(4) Receive reports of the allocations and expenditures of all federal anti-drug abuse funds earmarked for education, treatment, rehabilitation, and law enforcement.
(5) Evaluate how anti-drug monies both state and federal are utilized in implementing anti-drug programs at the state and local agencies.
(6) Evaluate changes in the methods or priorities of the allocation of funds to state and local agencies.
(7) Identify and evaluate the effectiveness of state and local public awareness and drug prevention programs in both the public and private sectors in order to develop a series of recommendations for improving the effectiveness of such programs.
(8) Evaluate specific problem areas relating to the enforcement of drug laws and make recommendations in order to improve the impact of those laws through legislative refinement or executive order.
(9) Assess the roles and interaction of federal, state, and local law enforcement agencies and operations in combating drug abuse and trafficking, with recommendations for improving the effectiveness of multi-jurisdictional operations throughout the state.
(10) Provide an interim report to the governor regarding findings, activities and recommendations by July 1, 1991 and thereafter at least on a quarterly basis or more often if deemed necessary by the governor or the board.
(11) Develop long and/or short range plans or strategies that prioritize areas of need or otherwise organize the use of resources.
(12) Seek assistance or support from any state agency or private sector entity which may be helpful in diminishing or eradicating drug and alcohol abuse.
(13) Adopt and promulgate rules as may be necessary to implement this Part.
B. Staff support shall be provided by the executive office of the governor and may be provided by the agencies of the executive department of the government as directed by the governor.
C. The board shall be funded by appropriation of the legislature.
Acts 1990, No. 1029, §2, eff. July 26, 1990.