reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1323.5. Sales of irregular and fractional sixteenth section lands made prior to 1860

RS 41:1323.5 - Sales of irregular and fractional sixteenth section lands made prior to 1860
A. Sales of irregular and fractional sixteenth section lands in the state of Louisiana made prior to the first day of January, 1860, are hereby ratified and confirmed. Notwithstanding any informalities in these sales relating to the holding of elections to authorize said sales, appraisements, and offering the said lands in lots of forty acres, whether or not the sales were made by the treasurer of the parish in which any such sixteenth section was located, or made by the treasurer of any other parish, or whether selected under a warrant sold by the register of the land office and/or treasurer and receiver of the land office of the state of Louisiana, where the following conditions are met:
(1) It is affirmatively shown by the records of the offices of legislative auditor, superintendent of education, register of the state land office, or state treasurer, or their predecessors or successors, that such lands were sold whether or not the execution of a deed therefor can be proved.
(2) It is affirmatively shown by the records of the state land office, auditor, superintendent of education or state treasurer that the purchase price of the lands has actually been paid into the State Treasury of Louisiana.
(3) The records reflect that the purchasers of such lands or their successors in title, have paid the taxes assessed against the property.
B. All defects and informalities in such sales are hereby ratified as the complete divestiture of title from the state of Louisiana, or of the school board of the parish in which the land is located.
Added by Acts 1978, No. 463, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1323.6. Ratification and confirmation of leases of certain school lands

RS 41:1323.6 - Ratification and confirmation of leases of certain school lands
All contracts of leases of school lands, including but not limited to school indemnity lands and sixteenth section lands, by a school board within a parish with a population of not less than forty-two thousand nor more than forty-five thousand persons according to the latest federal decennial census that were entered into prior to January 4, 2012, for a term of not more than five years, are hereby ratified and confirmed and shall have the same force and effect as if the contracts of lease had been made and executed pursuant to the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950, provided that the school board receives consideration proportionate to at least the fair market value for the leases.
Acts 2012, No. 785, §1, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1324. Confirmation of certain sales and locations

RS 41:1324 - Confirmation of certain sales and locations
All sales and locations of public lands made by this state from the first of January, 1861, to the fourteenth of October, 1864, which are shown by the records of the register's office, are confirmed, and patents shall, on demand, be issued in the name of the purchaser, and be delivered to the party surrendering the proof of entry or location, or on making, to the satisfaction of the register, proof of loss.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1325. Certain redemptions in New Orleans confirmed

RS 41:1325 - Certain redemptions in New Orleans confirmed
All redemptions heretofore effected of property adjudicated to the state under Act 1 of 1935, third extra session, for non-payment of taxes due to the city of New Orleans, and which redemptions have heretofore been made by either the Register of State Land Office or officials of the city of New Orleans, same are hereby ratified and validated as from the dates on which such redemptions were so effected.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1326. Confirmation of certificates of redemption under 1934, 1935, 1936 and 1938 acts

RS 41:1326 - Confirmation of certificates of redemption under 1934, 1935, 1936 and 1938 acts
All certificates of redemption of property issued by the State Land Office under Acts 1934, No. 161; Acts 1935, Fourth Ex. Sess., No. 14; Acts 1936, No. 183; Acts 1938, No. 47, and the cancellation of taxes made by authority thereof, are ratified, validated and confirmed unless attacked within six months from July 31, 1940.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1327. Confirmation of sales to drainage district

RS 41:1327 - Confirmation of sales to drainage district
The title to all lands located in the Jefferson and Plaquemines Drainage District which were purchased by the Jefferson and Plaquemines Drainage District at tax sales made by the sheriffs and ex-officio tax collectors for the parish of Plaquemines or the parish of Jefferson, for delinquent taxes due the state, parish of Jefferson or parish of Plaquemines, and any and all political subdivisions of the state or parishes, where the sales were made prior to January 1, 1931, are ratified, quieted and confirmed as legal and valid.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1328. Tax title by prescription

RS 41:1328 - Tax title by prescription
A. Any person holding, or claiming immovable property under a deed made by a sheriff, or a tax collector, or other state or parish officer, which has been on record for more than ten years, and is, or purports to be, founded on a forfeiture for taxes theretofore had or made, or conveys or purports to convey an interest or title in such property acquired or pretended to have been acquired by the state, under a tax forfeiture, whether any such forfeiture actually took place or not, shall after the expiration of three years from July 7, 1904 be held and deemed to be the absolute owner of the property described in such deed, provided, they or their authors shall have paid, or do pay all taxes assessed against said property for such period of thirteen years. No court in this state shall thereafter entertain any suit to cancel or in any wise affect the title of any person or corporation claiming by, through or under such deed.
B. The provisions of Subsection A of this Section shall not apply whenever the original owner of the property was, on July 7, 1904, in the actual physical adverse possession of the property, nor, when such original owner has paid the taxes assessed against such property for any one year within ten years prior to July 7, 1904, or, within three years thereafter, has instituted a proceeding to cancel such tax deed or forfeiture as a cloud upon his title.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1329. Prescription on suit to quiet title of state

RS 41:1329 - Prescription on suit to quiet title of state
In all cases where a final judgment of a competent court has been heretofore rendered cancelling or annulling a sale made to the State of Louisiana in the enforcement of state taxes, and such legal proceedings for cancellation or annulment have been had contradictorily with the collector of state taxes of the parish in which the property is situated, the State of Louisiana must bring suit to be decreed the owner of such property under such tax sale within three months from and after the promulgation of Act 172 of 1914, otherwise that such action shall be prescribed.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1330. Sale to drainage district

RS 41:1330 - Sale to drainage district
If in the enforcement of the collection of the acreage tax or forced contributions assessed against the lands within a drainage or subdrainage district, it becomes necessary to sell the property for payment of the acreage tax or forced contribution due thereon, and the entire property thus offered fails to sell for an amount sufficient to pay such acreage tax or forced contributions, together with the state and other taxes assessed thereon, the sheriff of the parish in which the property is situated shall adjudicate the land to the State of Louisiana. When such adjudication is made, the register of the state land office shall immediately take possession of the land, in the name of the state, and as soon as the three-year period expires in which the property can be redeemed, offer the said land at public sale in accordance with existing laws. In the event no sale is made of said property, he shall offer the land to the drainage district, provided that the register of the state land office shall have the right to sell such property to the Jefferson and Plaquemines Drainage District for not less than all taxes or forced contributions thereon, together with interest and penalties, or, for such minimum price as may be fixed by law, governing the sale of property adjudicated to the State of Louisiana for delinquent taxes. Any conveyance made by the Register of the State Land Office to the Jefferson and Plaquemines Drainage District of such property, after the period of redemption has expired, to-wit: three years from the date of the recording of the act of adjudication to the State of Louisiana, the conveyance shall be a good and valid title of the property to the Jefferson and Plaquemines Drainage District, or to the purchaser, as the case may be, and all prescriptive statutes enacted in favor of the sales shall apply with equal force to any tax adjudication under this Section. Whenever a sale of property is made by the register of the state land office, under this act, to either the Jefferson and Plaquemines Drainage District or to any individual or corporation who may purchase the property it shall be conveyed free and clear of all liens and encumbrances recorded against the property.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1331. Confirmation of sale to Jefferson and Plaquemines Drainage District

RS 41:1331 - Confirmation of sale to Jefferson and Plaquemines Drainage District
Where the Jefferson and Plaquemines Drainage District has acquired property located in the drainage district, at tax sale made by the sheriffs and ex-officio tax collectors of either the Parishes of Jefferson and Plaquemines, respectively, and the three-year period within which the property may be redeemed shall have expired, all rights, title and interest in and to the property are ratified and confirmed unto the Jefferson and Plaquemines Drainage District. The drainage district shall have the right to subdivide said land thus purchased, and any other lands which it may acquire, into lots, parcels, plats or tracts, best suited to the sale and disposition of the land.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1332. Manner of sale by district

RS 41:1332 - Manner of sale by district
If the property purchased by the Jefferson and Plaquemines Drainage District as provided in R.S. 41:1330, shall in turn be sold by it as a whole, the property shall not be sold for less than the amount of all taxes, interest, costs and penalties due the state, parish and other political subdivisions of the parish in which the land is situated, which taxes, interest, costs and penalties shall be collected for a period of three years preceding the year of the sale. If the sale is made of parcels, lots, plats or tracts taken from an entire tract, the property shall not be sold for less than a pro-rata of the amount of all taxes, interest, penalties and costs due the state, parish and other political subdivisions of the parish in which the land is situated, the pro-rata to be figured on a pro-rata of the assessment as it applies to the whole property. These taxes shall be likewise collected for a period of three years preceding the date of the sale.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1333. Title of purchaser from district

RS 41:1333 - Title of purchaser from district
In the sale of property by the Jefferson and Plaquemines Drainage District acquired by it at delinquent tax sale or from the register of the state land office, title to said property shall be free and clear of all liens or encumbrances of any kind or character.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1334. Lease, mortgage or use of property purchased by district

RS 41:1334 - Lease, mortgage or use of property purchased by district
The Jefferson and Plaquemines Drainage District may rent, lease or use said property purchased by it, as provided in R.S. 41:1330, as it may deem fit, and may grant rights-of-way over and on the property and dig thereon canals, ditches and drains, and construct public works. Taxes collected on other lands in the district not acquired by said Jefferson and Plaquemines Drainage District for non-payment of taxes, shall not be used for the purpose of constructing public works, canals, ditches, drains, or other purposes on said property. The Jefferson and Plaquemines Drainage District shall have the power and authority to mortgage or otherwise hypothecate and encumber all or any portion of the property acquired by it as provided by R.S. 41:1330 for the purpose of obtaining funds to construct and maintain drainage and pumping facilities, access roads and other public works within the district.
Amended by Acts 1950, No. 316, §12; 1966, Ex. Sess., No. 18, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1335. Land exchanges by director of highways

RS 41:1335 - Land exchanges by director of highways
All land exchanges or any contracts for the exchange of land heretofore made by the director of highways as head of the department of highways of the State of Louisiana, be and the same are hereby confirmed and ratified, and authority to complete all such executory contracts be and the same is hereby especially given the said director of highways.
Acts 1950, No. 207, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1336. Sales of land by register of state land office to department of highways

RS 41:1336 - Sales of land by register of state land office to department of highways
All sales of land heretofore made by or on the order of the register of the state land office of the State of Louisiana to the department of highways of the State of Louisiana including, but not by way of limitation, those covering a part of the shore, bank, bed or bottom of a lake, stream or any body of water be and they are hereby confirmed and ratified.
Acts 1950, No. 208, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1337. Sales of land by Louisiana tuberculosis commission prior to July 27, 1932

RS 41:1337 - Sales of land by Louisiana tuberculosis commission prior to July 27, 1932
All sales of lands made prior to July 27, 1932, by the Louisiana tuberculosis commission created by Act 161 of the Louisiana legislature for the year 1912, are hereby ratified and confirmed, notwithstanding any defects therein, and the purchasers thereof are hereby quieted in their possession and declared to have acquired a valid and legal title thereto, except that as to such sales effected on and after June 18, 1921, but prior to July 27, 1932, the mineral rights in and to the lands thus sold are declared to have been reserved to the state of Louisiana, notwithstanding that no specific reservation was made in the acts of sale.
Acts 1958, No. 335, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1501. Lease of lakes, bays and coves

RS 41:1501 - Lease of lakes, bays and coves
The register of the State Land Office, with the concurrence and approval of the governor, is hereby authorized and empowered to lease on behalf of the state any portion or part of any meandered state-owned lake, bay, cove or the bed and bottom thereof or state-owned lands reclaimed therefrom to any governing authority of a parish or municipality or any combination thereof, the Louisiana Wildlife and Fisheries Commission, the State Parks and Recreation Commission, and the Louisiana State Department of Highways for use primarily for public recreational purposes; provided, however, that said leases may only be entered into with the aforementioned municipal and parish governing authorities or any combination thereof, when the geographical territory encompassed by said governing authorities is directly adjacent to the lake, bay, cove or any part thereof or the bed and bottom thereof or lands reclaimed therefrom. In the case of leases to the State Parks and Recreation Commission, the State Wildlife and Fisheries Commission, and/or the State Department of Highways, said leases may be granted on a statewide basis subject to all conditions and requirements as provided for under the provisions of this Chapter. Subject to the approval of the register of the State Land Office, and with the concurrence of the attorney general, the political body who has been granted a lease under the provisions of this Chapter may place improvements in and on the leased property, and after obtaining approval of the register may assign or sublease such lease; provided, however, that any political body subleasing or assigning its lease as herein authorized shall supervise its sublessee or assign to insure that the terms and conditions of the original lease are observed, and provided, further, such assignment or sublease shall be only to the highest responsible bidder after advertisement in accordance with R.S. 41:1213 through 1215.1.
Any lease made by the register of the State Land Office pursuant to the provisions of this chapter shall be on behalf of the state of Louisiana except that, as to any lake, bay, cove and the bed and bottom thereof and land reclaimed therefrom, or part thereof, not under the jurisdiction and control of the state of Louisiana, the lease shall be made on behalf of the political body or entity having such jurisdiction and control and only at its request.
Acts 1960, No. 583, §1. Amended by Acts 1968, No. 626, §1; Acts 1970, No. 596, §1; Acts 1972, No. 376, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1502. Specifications

RS 41:1502 - Specifications
Any lease granted pursuant to the provisions of this Chapter shall specify the improvements which may be placed in and on the property, and shall prohibit use of the property exclusively by private groups or organizations, and shall contain such other terms and conditions as the register of the State Land Office may determine. No lease or leases granted pursuant to the provisions of this Chapter shall individually or collectively cover an area greater than ten percent of the area of the entire bed of the lake, bay, cove or bed and bottom thereof. In addition, no lease as authorized to be granted under the provisions hereof, shall be granted for a term in excess of twenty-five years; provided, however, said lease may contain an option to renew for an additional term of not to exceed twenty-five years, but only in the event the lessee thereof has placed and maintained on said leased properties substantial improvements which in the opinion of the register of the State Land Office warrants the extension of the term of said lease.
Acts 1960, No. 583, §2. Amended by Acts 1968, No. 626, §1; Acts 1970, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1503. Approval of Lease

RS 41:1503 - Approval of Lease
No lease may be made under the provisions of this Chapter unless same shall have been approved by the governing authority of the parish or parishes or other political subdivision in which the property covered by the lease is located and by any other state or federal agency affected thereby.
Acts 1960, No. 583, §3. Amended by Acts 1968, No. 626, §1; Acts 1970, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1504. Subject to prior and future alienations and wildlife laws and regulations

RS 41:1504 - Subject to prior and future alienations and wildlife laws and regulations
Any lease granted pursuant to the provisions of this Chapter shall be subordinate to prior servitudes and leases and to any future oil, gas and mineral lease and shall be subject to the laws of the state concerning wildlife and to the rules, regulations and orders authorized by such laws. Without the consent of the lessee, the state or agency having authority may grant servitudes and other leases affecting the leased property which do not interfere unreasonably and permanently with the use of the property by the lessee.
Acts 1960, No. 583, §4. Amended by Acts 1968, No. 626, §1; Acts 1970, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1505. Cancellation of lease

RS 41:1505 - Cancellation of lease
The register of the State Land Office shall have the power to cancel any lease issued under the provisions of this Chapter for violation of the purposes, terms, or conditions of such lease.
Acts 1960, No. 583, §5. Amended by Acts 1968, No. 626, §1; Acts 1970, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1506. Ratification and confirmation of leases in municipalities of five hundred thousand

RS 41:1506 - Ratification and confirmation of leases in municipalities of five hundred thousand
All contracts of lease previously entered into by the governing authority of a municipality having a population of five hundred thousand or more on the effective date of this Section for lands, surface rights, water rights, air rights, and/or other facilities and other rights or property owned or leased by such a municipality for use and occupancy as a boat slip and/or boat house and/or other facility related to boating are hereby ratified and confirmed and shall be given the same force and effect as if such contracts of lease had been made and executed pursuant to the provisions of R.S. 41:1211 through R.S. 41:1222, both inclusive, and the provisions of R.S. 41:1501 through R.S. 41:1505, both inclusive, notwithstanding anything in this Part and this Chapter or any other law to the contrary.
Added by Acts 1978, No. 150, §2, eff. June 29, 1978.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1601. Declaration of public policy

RS 41:1601 - Declaration of public policy
It is hereby declared to be the public policy of the state of Louisiana to protect and preserve prehistoric and historic properties, artifacts, treasure troves, and objects of antiquity which have historical value or which are of interest to the public, including but not limited to abandoned prehistoric or historic settlements, sites, properties, sunken or abandoned ships, or other objects, or any part thereof relating to the history, government, and culture of the state.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1603. Division of archaeology; state archaeologist

RS 41:1603 - Division of archaeology; state archaeologist
A. There is hereby created the division of archaeology, which shall be referred to as the "division" for purposes of this Chapter. The division shall be located within the office of cultural development of the Department of Culture, Recreation and Tourism.
B. There is hereby created the position of state archaeologist. The state archaeologist shall hold, at a minimum, a master's degree in anthropology or a related field with a concentration in archaeology and shall have demonstrated exceptional ability and interest in the protection and preservation of archaeological treasures for the benefit of the citizens of this state. The state archaeologist shall function as director of the division.
Acts 1989, No. 291, §1; Acts 2012, No. 589, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1604. Responsibilities of the division

RS 41:1604 - Responsibilities of the division
The division shall initiate and promulgate a program in archaeology, which shall include but not be limited to the activities delineated in this Section. In carrying out this responsibility, the division shall:
(1) Promulgate reasonable rules and regulations concerning the recovery and study of historic and prehistoric archaeological remains which in any way relate to the inhabitants, prehistory, history, government, or culture, in, on, or under any of the lands belonging to the state of Louisiana, including the tidelands, submerged lands, and the bed of the sea within the jurisdiction of the state of Louisiana. These remains shall include but shall not be limited to:
(a) All prehistoric and historic American Indian or aboriginal campsites, dwellings, habitation sites, burial grounds, and archaeological sites of every character;
(b) All historic sites, objects, and buildings;
(c) All sunken or abandoned ships and wrecks of the sea or rivers, or any part of the content thereof;
(d) All treasure embedded in the earth or underwater; and
(e) All maps, records, documents, books, artifacts, and implements of culture which relate to such archaeological remains.
(2) Maintain the state archaeological site files, including but not limited to site records, field notes, maps, photographs, and reports.
(3) Function as legal custodian for all archaeological artifacts and objects of antiquity which have been recovered from state lands or donated from private lands, except those donated to the Louisiana State Museum or the office of state parks. The repository of all artifacts under the control of the division shall take into consideration the public nature and research value of these objects and insure that they are accessible to maximum public exhibit consistent with their preservation.
(4) Implement a program of activities that will make available to the public information about the historic and prehistoric resources of the state. This shall include but shall not be limited to press releases, newsletters, booklets, exhibits, audio-visual programs, and teaching materials.
(5) Serve as the archaeological advisory source for all state agencies by assisting them in evaluating any potential impact of their projects on archaeological resources.
(6) Administer those portions of the National Historic Preservation Act relative to archaeology.
(7) Advise the secretary of the Department of Culture, Recreation and Tourism and the state historic preservation officer on matters affecting archaeology.
(8) Administer an archaeological grants program.
(9) Implement for the state the Abandoned Shipwreck Act.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1605. Archaeological finds on state land; state property

RS 41:1605 - Archaeological finds on state land; state property
A. All sunken or abandoned pre-twentieth century ships and wrecks of the sea and any part of the contents thereof and all archaeological treasure located in, on or under the surface of lands belonging to the state of Louisiana, including its tidelands, submerged lands and beds of its rivers, and the sea within the jurisdiction of this state are hereby declared to be the sole property of the state of Louisiana, under the administration and protection of the secretary of the Department of Culture, Recreation and Tourism, hereinafter in this Chapter referred to as the "secretary".
B. It shall be unlawful for any agency, political subdivision, group, or person to take, alter, damage, destroy, or excavate on state-owned lands as herein described without first obtaining a permit or contract from the secretary. Permits shall be issued for purely scientific and educational projects and only when all recovered materials are to remain the property of the state and when there is to be no compensation to the permittee based on the value of the recovered remains. Contracts shall be entered into for recovery of materials when compensation is to be made to the contract holder based on the value of the recovered remains.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1606. Permits for recovery

RS 41:1606 - Permits for recovery
The secretary, with the advice of the division, may issue a permit to any governmental agency, political subdivision, group, or person for the recovery of archaeological materials, treasure, sunken or abandoned ships and wrecks of the sea, or parts thereof or their contents, which are determined to be located on state-owned lands, or on private land if the written consent of the owner thereof is first obtained. All such permits shall specifically provide for the location, nature of, and time period for such operations and shall only be issued to qualified entities after the development of a research design. The division shall advise the secretary on the issuance of any such permit.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1607. Contracts for recovery

RS 41:1607 - Contracts for recovery
A. The secretary, with the advice of the division, may enter into a contract with any governmental agency, political subdivision, group, or person for the recovery of archaeological materials, treasure, sunken or abandoned ships and wrecks of the sea, or parts thereof or their contents, which are determined to be located on state-owned lands, or on private land if the written consent of the owner thereof is first obtained. Such contracts shall be approved by the attorney general and may provide for fair compensation to the salvager, and owner of the private land where applicable, in terms of a percentage of the reasonable cash value of the objects recovered or at the discretion of the secretary, with the advice of the division, of a fair share of the objects recovered.
B. The amount constituting a fair share shall be determined by the secretary, taking into consideration the circumstances of each operation, and the reasonable cash value may be determined by contractual agreement after appraisal by qualified experts or by representatives of the contracting parties. Each contract shall provide for the termination of any right of the salvager thereunder upon the violation of any of the terms thereof. Superior title to all objects recovered from state lands shall be retained by the state of Louisiana unless and until released by the secretary.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1608. Grants and fees

RS 41:1608 - Grants and fees
A. The division shall be authorized to accept gifts, grants, devices, and bequests of money, securities, or property.
B. The division shall be authorized to assess fees for technical services which it provides to public or private entities or persons, which fees shall be based upon the cost of operation of the division, including but not limited to its curation of artifacts, development and publication of technical materials, and conduct of workshops and seminars. Such fees shall be assessed pursuant to rules and regulations adopted in accordance with the Administrative Procedure Act; the division may also provide in such rules for exemptions from or reductions in such fees for certain entities or persons.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1609. Access to information

RS 41:1609 - Access to information
Records of the division which specify the specific location of archaeological sites, including but not limited to the state archaeological site files, shall not be public information. Access to such records shall be restricted to individuals who have a legitimate research or management need as determined by the division.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1610. Prohibited excavations

RS 41:1610 - Prohibited excavations
A. No person, not being the owner thereof, shall without the consent of the owner enter or attempt to enter upon the lands of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any sites or artifacts addressed by R.S. 41:1604(1).
B.(1) No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on state lands unless such activity is approved by the agency with ownership responsibilities over the lands and is authorized under a permit issued pursuant to R.S. 41:1606.
(2) No person may sell, purchase, exchange, transport, or receive or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from state lands in violation of Paragraph (1) of this Subsection.
(3) Any person who knowingly violates or counsels, procures, solicits, or employs any other person to violate any prohibition contained in Paragraph (1) or (2) of this Subsection shall, upon conviction, be fined not more than ten thousand dollars or imprisoned not more than one year, or both. However, if the commercial value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of five hundred dollars, such person shall be fined not more than twenty thousand dollars or imprisoned not more than two years, or both. In the case of a second or subsequent violation, upon conviction, such person shall be fined not more than one hundred thousand dollars, or imprisoned not more than five years, or both.
(4) All archaeological resources collected, transferred, or sold in violation of this Subsection shall be forfeited to the state.
(5) All vehicles and equipment of any person that were used in connection with the violation of this Subsection may be forfeited to the state.
(6) Nothing contained in this Subsection shall apply to any person with respect to any archaeological resource that was in the lawful possession of such person prior to June 26, 2001.
(7) For the purpose of this Subsection, "archaeological resource" shall mean any material remains of past human life or activities that are of archaeological interest which shall include but not be limited to pottery, basketry, bottles, weapon projectiles, tools, structures or portions of structures, human skeletal remains, Civil War artifacts, or any portion or piece of the foregoing items.
Acts 1989, No. 291, §1; Acts 2001, No. 938, §1, eff. June 26, 2001.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1611. Public cooperation; private lands

RS 41:1611 - Public cooperation; private lands
Every individual is encouraged, prior to knowingly disfiguring, removing, excavating, damaging, taking, digging into, or destroying any prehistoric or historic archaeological site, American Indian or aboriginal campsites, mounds, artifacts, burials, ruins, historic structures, or other archaeological remains located in or under any private lands within this state, to notify the division at least ninety days in advance and to allow professional supervision of same by the division or its agents.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1612. Injunctive relief

RS 41:1612 - Injunctive relief
A. In addition to and without limiting the other powers of the attorney general, and without altering or waiving any criminal penalty fixed by this Chapter, the attorney general shall have the authority to bring an action in the name of the state in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this Chapter and for the return of items taken in violation of the provisions hereof. The venue of such action shall lie either in the parish of East Baton Rouge or in the parish in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.
B. Any citizen of Louisiana may bring an action in any court of competent jurisdiction for a restraining order and injunctive relief to restrain and enjoin violations or threatened violations of this Chapter and for the return of items taken in violation of the provisions hereof. The venue of such an action shall lie in the parish in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1613. State cooperation

RS 41:1613 - State cooperation
The chief administrative officers of all state agencies are authorized and directed to cooperate with and assist the division, the secretary, and the attorney general in carrying out the purposes and intent of this Chapter. All state and local law enforcement agencies and officers are authorized and directed to assist in enforcing this Chapter and in carrying out the intent hereof.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1614. Penalties

RS 41:1614 - Penalties
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or by both. Each day of continued violation shall constitute a distinct and separate offense.
Acts 1989, No. 291, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1701. Declaration of policy; public trust

RS 41:1701 - Declaration of policy; public trust
The beds and bottoms of all navigable waters and the banks or shores of bays, arms of the sea, the Gulf of Mexico, and navigable lakes belong to the state of Louisiana, and the policy of this state is hereby declared to be that these lands and water bottoms, hereinafter referred to as "public lands", shall be protected, administered, and conserved to best ensure full public navigation, fishery, recreation, and other interests. Unregulated encroachments upon these properties may result in injury and interference with the public use and enjoyment and may create hazards to the health, safety, and welfare of the citizens of this state. To provide for the orderly protection and management of these state-owned properties and serve the best interests of all citizens, the lands and water bottoms, except those excluded and exempted and as otherwise provided by this Chapter, or as otherwise provided by law, shall be under the management of the division of administration, hereinafter referred to as the "division". The state land office, hereinafter referred to as the "office", shall be responsible for the control, permitting, and leasing of encroachments upon public lands, in accordance with this Chapter and the laws of Louisiana and the United States.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2018, No. 242, §2.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1703. Permits and licenses for encroachments other than reclamation projects

RS 41:1703 - Permits and licenses for encroachments other than reclamation projects
A. Encroachments, other than those provided in R.S. 41:1702, may be permitted and licensed by the division under the provisions of this Chapter.
B. The office, with the aid of the division, the Department of Energy and Natural Resources, the Department of Wildlife and Fisheries, the Department of Transportation and Development, and the attorney general, shall adopt regulations to implement this Chapter, including the granting and revoking of permits, leases or licenses, processing of applications, establishing fee schedules, collecting of fees or revenues for all manner of encroachments, and shall create an overall and comprehensive plan for the orderly development and preservation of state lands so as to ensure maximum benefit and use, all in accordance with the law. The office shall maintain a current inventory of state lands and a depository in which shall be recorded and preserved all records, surveys, plats, applications, permits, leases, licenses, and other evidence pertaining to the trust lands, their description, disposition, and encroachments thereon.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2018, No. 242, §2; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1704. Definitions

RS 41:1704 - Definitions
As used in this Chapter:
(1) "Encroachment" means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands.
(2) "Pier" means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing.
(3) "Wharf" means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing.
(4) "Material" means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state.
(5) "Deposit" means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not.
(6) "Person" shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies.
(7) "Structure" means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works.
(8) "Noncommercial" means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit.
(9) "Commercial" means built or operated for any purpose where revenue is produced or profit realized.
(10) "Landfill" means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties.
(11) "Lessor" means the state of Louisiana, through the department.
(12) "Owner" means the actual owner of record.
(13) "Bank stabilization works" means concrete, rock, masonry, rip-rap, or similar materials used to cover existing banks or shorelines or bulkheads located above the mean low water line, all in acres subject to erosion, to combat the same.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1705. Application of Chapter; exemptions

RS 41:1705 - Application of Chapter; exemptions
This Chapter shall not apply to:
(1) Piers, wharves, structures, or other improvements within the jurisdiction of any deep-water port commission of this state, including but not restricted to the authority to grant permits to construct, create, alter, improve, extend, or maintain any wharf, pier, dock, structure, or other improvement, and the granting of any permit for any of such purposes shall be and remain in the deep-water port commissions as to any such activity heretofore or hereafter performed or for which permit heretofore was or hereafter is sought.
(2) Levees or other public flood control structures;
(3) Temporary extensions to existing encroachment added for a period not to exceed six months, if required by low or high water, unless unduly interfering with public navigation or fishery;
(4) Ordinary repairs and maintenance to existing encroachments;
(5) Duck blinds, rafts, floats or buoys, unless unduly interfering with public navigation or fishery;
(6) Shore or bank stabilization works;
(7) Operations upon navigable waters by the United States Army Corps of Engineers in exercise of their authority over navigation;
(8) Regulation of oyster beds, fish, and other wildlife, or collection of payment for fill materials exercised by the Department of Wildlife and Fisheries;
(9) Any temporary emergency flood control measure;
(10) Any highway related project undertaken by authority of the Department of Transportation and Development;
(11) Any activity by a state mineral lessee in the development and operation of the lease;
(12) The establishment and maintenance of any encroachment by the state agency in the discharge of its lawful duties or functions;
(13) Pipeline rights-of-way granted over state lands by the estate; or
(14) Commercial and noncommercial wharves and piers extending over public lands less than fifty linear feet whose surface area does not exceed one hundred fifty square feet, unless part of another encroachment or system or unduly interfering with public interests, navigation, or fishery.
(15) Projects of the Terrebonne Parish governing authority utilizing the area of Bayou Terrebonne between Terrebonne High School and the Intracoastal Waterway for a public purpose.
(16) Alternative oyster culture permits legally issued by the Department of Wildlife and Fisheries pursuant to R.S. 56:431.2.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978. Amended by Acts 1981, No. 1, §1, eff. May 18, 1981; Acts 1997, No. 222, §1; Acts 2012, No. 293, §1, eff. May 25, 2012.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1706. Classes of permits

RS 41:1706 - Classes of permits
A. Any person desiring to construct, create, alter, improve, extend, or maintain any wharf, pier, dock, bulkhead, landfill, structure, or other encroachment shall obtain a permit from the office, prior to commencing any work, under the procedures established herein. Permits shall be classified as follows:
(1) Class A Permits: Permits for reclamation of lands lost through erosion under R.S. 41:1702(D)(1).
(2) Class B Permits: Permits to construct bulkheads or flood protection structures in proximity to the bank or shore, excluding bank stabilization works and projects to facilitate the development, design engineering, implementation, operation, maintenance, or repair of integrated coastal protection projects by the Coastal Protection and Restoration Authority under R.S. 49: 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program.
(3) Class C Permits: Permits to construct commercial wharves and piers.
(4) Class D Permits: Permits to construct structures other than wharves or piers, excluding projects to facilitate the development, design engineering, implementation, operation, maintenance or repair of integrated coastal protection projects by the Coastal Protection and Restoration Authority under R.S. 49: 214.6.1 et seq. or other applicable law or projects for the Atchafalaya Basin Program.
(5) Class E Permits: Permits to construct landfills upon non-eroded state lands.
B. All permits shall be subject to the regulations and procedures established by this Chapter and adopted by the division or the office. The requirements and procedures for applicants established in R.S. 41:1702(D)(1) to implement reclamation of eroded lands shall govern reclamation projects; the regulations and procedures established by other Sections of this Chapter shall apply only to Class A Permits when no conflict exists with R.S. 41:1702. Noncommercial piers and wharves shall not be subject to permit requirements.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2018, No. 242, §2; Acts 2018, No. 570, §2, eff. July 1, 2018.