reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1817. Powers and duties of the board of commissioners

RS 48:1817 - Powers and duties of the board of commissioners
The district, through the board of commissioners, shall have all the rights, powers, privileges, and immunities granted to political subdivisions, including but not limited to the following:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive contributions, donations, grants, and appropriations of money or other things of value from any public or private source.
(4) To enter into cooperative endeavors by written agreement with the state or with any other public or private entity.
(5) To employ such persons as employees and to enter into such contracts for services as it deems advisable.
(6) To develop and implement a plan for the preservation, beautification, and promotion of the scenic drive and the natural, historic, and cultural sites and attractions of the route with the assistance of the Department of Transportation and Development, the Department of Culture, Recreation and Tourism, and the Department of Wildlife and Fisheries.
(7) To acquire servitudes adjacent to the Creole Nature Trail Scenic Byway for the preservation of the natural beauty of the area, but such authority shall not include the acquisition of rights-of-way for the construction of such scenic highway, the acquisition of which shall be the sole jurisdiction of the Department of Transportation and Development.
(8) To adopt rules and regulations providing for the utilization and administration of the servitudes herein authorized to be acquired.
Acts 1995, No. 539, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1818. Officers; quorum; meeting

RS 48:1818 - Officers; quorum; meeting
A. The board of commissioners shall elect from its own membership a chairman and a vice chairman. A majority of the members of the board of commissioners shall constitute a quorum for the transaction of business and the meetings of the board shall be held at such place and time as shall be fixed in the call of the chairman after reasonable notice to the full membership.
B. The secretary of the Department of Transportation and Development shall serve as temporary chairman, and shall call the first meeting of the board of commissioners within sixty days after July 31, 1995.
Acts 1995, No. 539, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1819. Compensation; expenses

RS 48:1819 - Compensation; expenses
The members of the board of commissioners shall serve without compensation for their services, but shall be entitled to reimbursement for actual expenses incurred in the performance of their duties as authorized by the board of commissioners.
Acts 1995, No. 539, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1820. Advice and services of state departments

RS 48:1820 - Advice and services of state departments
State departments and agencies, particularly the Department of Transportation and Development, the Department of Culture, Recreation and Tourism, and the Department of Wildlife and Fisheries, are authorized to provide such advice and services to the board of commissioners as will, in the opinion of the respective department secretary or agency head, tend to achieve the objectives of this Chapter.
Acts 1995, No. 539, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1841. Vietnam Veterans Memorial Highway

RS 48:1841 - Vietnam Veterans Memorial Highway
That portion of Interstate 10 which begins at the Texas state line and travels eastward across the state of Louisiana to the Mississippi state line, which has not previously been designated a memorial highway or bridge, shall be hereafter known and designated as the Vietnam Veterans Memorial Highway.
Acts 1993, No. 513, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1842. West Florida Republic Parkway

RS 48:1842 - West Florida Republic Parkway
Interstate 12 shall be known and designated as the West Florida Republic Parkway. Commemorative signs along the roadway shall include a circular emblem including the words "West Florida Republic Parkway" and the Bonnie Blue Flag of the Republic of West Florida.
Acts 1993, No. 513, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1843. Louisiana Korean War Veterans Memorial Highway

RS 48:1843 - Louisiana Korean War Veterans Memorial Highway
That portion of Interstate 49 which is located inside the city limits of the city of Shreveport shall be known and designated as the Louisiana Korean War Veterans Memorial Highway.
Acts 1995, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:1844. T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway

RS 48:1844 - T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway
Notwithstanding any other law to the contrary, that portion of Interstate 49 from its intersection with Interstate 220 to its intersection with Louisiana Highway 1 in the city of Shreveport, Louisiana, shall be known and designated as the "T.J. Hawkins, Craig E. Lear, Cooper Road USA Expressway".
Acts 2017, No. 157, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2020. Purpose; findings; determinations

RS 48:2020 - Purpose; findings; determinations
A. The development, improvement, expansion, and maintenance of an efficient, safe, and well-maintained system of roads, highways, transitways, and other transportation facilities are essential to Louisiana's economic health and promote intermodalism and the ability of business and industry to compete cost effectively on a regional, national, and global scale in order to provide a high quality of life for the people of this state.
B. The expansion of local transportation facilities is vital to growth and development of the parishes and the state.
C. Public sources of revenues, including federal funding, to provide an efficient transportation system have not kept pace with the state's growing population and transportation needs, and all available alternative sources of funding should be utilized to supplement available public sources of revenues.
D. Because public funding sources are not providing the state with sufficient funds to meet all of its transportation needs, it is determined that parishes and municipalities should be encouraged to utilize public/private partnerships as a means to assist the state in financing improvements to the state highway system and meeting local transportation needs.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2022. Creation of authorities; jurisdiction

RS 48:2022 - Creation of authorities; jurisdiction
A. Any parish or municipality, or two or more contiguous parishes, municipalities, or any combination of contiguous parishes and municipalities are hereby authorized to form and incorporate an authority pursuant to and in accordance with the Louisiana Nonprofit Corporation Law (R.S. 12:201 et seq.). Each parish or municipality shall adopt an ordinance approving the drafting and execution of the articles of incorporation of such authority and shall act as an incorporator of the authority. The articles of incorporation shall be drafted and filed with the Louisiana secretary of state in accordance with the Louisiana Nonprofit Corporation Law, and shall also be filed in the official records of each parish within the territory of the authority so created.
B. Any authority created pursuant to this Chapter shall be a nonprofit corporation organized in accordance with the provisions of the Louisiana Nonprofit Corporation Law. In the event of any conflict between the provisions of this Chapter and the Louisiana Nonprofit Corporation Law, the provisions of this Chapter shall control. Any such authority created pursuant to this Chapter shall be considered and treated as a body politic and corporate established for the public purposes enumerated herein.
C. The boundaries of the authority shall be coextensive with the territorial boundaries of the parish or parishes or municipality or municipalities which establish such authority. The authority shall have the power to adopt bylaws containing such terms and provisions as the directors of the authority shall deem necessary or convenient to further carry out its purposes, provided that nothing therein may contravene any of the provisions of this Chapter.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2023. Liability

RS 48:2023 - Liability
Neither the state nor any state agency, parish, municipality, district, or any other political subdivision or other public entity shall be subject to any claims, liabilities, costs, expenses, or causes of action for any personal injury or damage to property arising out of the construction, operation, or maintenance of any project, or which may happen to occur on any tollway, if such incident giving rise thereto occurs prior to transfer and reversion of ownership of any project from an authority created hereunder to the state or appropriate parish or municipality in accordance with the provisions of this Chapter. Should any suit or other action be filed against an authority created hereunder prior to reversion of a project, such reversion shall be effected as provided in this Chapter but the authority so joined by such action shall continue in existence as provided in R.S. 48:2036(A). No individual member, officer, director, or employee of an authority shall be liable personally for any such claims, liabilities, costs, expenses, or causes of action in any event.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2024. Directors

RS 48:2024 - Directors
A. The board of the authority shall consist of such directors as are specified in the articles of incorporation of the authority, provided the board shall consist of at least five directors, including the secretary of the department or his designee, and, if any one or more of the parishes or municipalities are within the territorial jurisdiction of the metropolitan planning organization, the chairman of the metropolitan planning organization or his designee.
B. All directors, other than the secretary of the department and the chairman of the metropolitan planning organization, shall be appointed by the parish or municipality forming the authority, if there is only one. If more than one parish, municipality, or any combination of parishes and municipalities is involved in forming an authority, each parish or municipality shall appoint an equal number of directors.
C. An authority shall elect from its directors a chairman, a vice chairman, and a secretary-treasurer who shall serve one-year terms. Where more than one parish or municipality is involved in the formation of an authority, the chairmanship for each successive term shall be alternated among the representatives of all participating parishes and municipalities.
D. Any vacancy which occurs prior to the expiration of a term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired term as set forth in the articles of incorporation or bylaws of the authority.
E. Upon the effective date of an appointment, or as soon as practicable thereafter, each appointed member shall enter upon his duties. A member shall hold office until a successor has been appointed. Any member of the authority is eligible for reappointment.
F. All directors shall have equal status, and all directors shall have a vote.
G. The presence of a majority of the board shall constitute a quorum, and the vote of a majority present and voting shall be necessary for any action taken by the board.
H. A vacancy on the board shall not impair the right of a quorum to exercise a right or perform a duty of the board.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2025. Compensation of directors

RS 48:2025 - Compensation of directors
Directors of the board shall not be entitled to any salary for services, but each member shall be reimbursed for actual expenses necessarily incurred in the performance of all duties in connection with the business of an authority in compliance with Policy and Procedure Memorandum 49, as promulgated by the division of administration, as amended and revised and may, if authorized by the board, be entitled to a per diem when conducting official business, not to exceed seventy-five dollars per day.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2026. Conflict of interest; ethics code

RS 48:2026 - Conflict of interest; ethics code
Any authority created pursuant to this Chapter, and all directors and officers thereof, shall be subject to the Code of Governmental Ethics (R.S. 42:1101 et seq.).
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2027. Right of public agencies to material

RS 48:2027 - Right of public agencies to material
Any authority created pursuant to this Chapter shall be subject to and fully comply with the Public Records Law (R.S. 44:1 et seq.) and the Open Meetings Law (R.S. 42:11 et seq.) of the state. The proceedings and documents of an authority shall be public record. All reports, maps, or other technical documents produced in whole or in part by an authority may be utilized by the department or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2028. Establish feasibility; prior written approval

RS 48:2028 - Establish feasibility; prior written approval
A. An authority created and established pursuant to this Chapter may only construct new additional highway toll and/or transitway toll facilities under the terms and conditions set forth in this Chapter, with the prior express written consent of the affected governing bodies within the geographic boundaries of the authority after public hearing. Said facilities must be part of the approved transportation plan and program of the department and the local metropolitan planning organization, where applicable.
B. Prior to the creation of the authority and the initiation of environmental impact statements, feasibility studies must first be conducted under sponsorship or approval of the department or the metropolitan planning organization, if applicable, to substantiate project need and justification.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2030. State-designated projects; department approvals

RS 48:2030 - State-designated projects; department approvals
A. An authority may, upon obtaining the approval of the department, undertake a state-designated project as a project under this Chapter.
B. The department may, upon the request of an authority, in connection with any state-designated project, expend out of any funds available for the purpose such monies and make such use of its engineering and other staff as may be necessary and desirable, in the judgment of the department, for traffic surveys, borings, surveys, preparation of plans and specifications, estimates of cost, and other preliminary engineering and other studies. These expenditures shall be reimbursed to the department from the sale of bonds for the project and shall be considered a part of the project cost.
C. The department may serve as the agent for an authority for the purpose of constructing and completing improvements and extensions to a state-designated project. In such event, the authority shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of the department in the state treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.
D. Any portion of a project which would extend beyond the geographic boundaries of an authority, or interconnect with or otherwise directly affect the operation of any portion of the state highway system or any state-designated project, shall be subject to department approval.
E. Any portion of a project which would extend beyond the geographic boundaries of an authority shall have the approval of the metropolitan planning organization which has jurisdiction for reviewing projects for such parishes or municipalities.
F. Notwithstanding any other law to the contrary, specifically including but not limited to the Louisiana Expressway Law (R.S. 48:1251 et seq.), any authority organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2031. Acquisition of lands and property

RS 48:2031 - Acquisition of lands and property
A. For the purposes of this Chapter, an authority may acquire private or public property and property rights, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings, as the authority may deem necessary for any of the purposes of this Chapter, including but not limited to any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, placement access for landowners whose access is impaired due to the construction of a project, and replacement rights-of-way for relocated rail and utility facilities for existing, proposed, or anticipated transportation facilities in the transportation corridor designated by the authority.
B. In the acquisition of land and property, an authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition costs to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened. To that end, the provisions of R.S. 48:2029(20) regarding reconveyance of such excess portion shall not apply except in the case of the exercise of an authority of its right of eminent domain.
C. An authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the authority that maximize the price received for such property.
D. The right of eminent domain conferred by this Chapter must be exercised by each authority in the manner provided by state law.
E. When an authority acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. An authority and the Louisiana Department of Environmental Quality may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2032. Public utilities

RS 48:2032 - Public utilities
A.(1) An authority shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the Department of Transportation and Development, for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company, in, on, along, over, or under a project.
(2) Whenever an authority shall determine that it is necessary that any public utility facilities which now are located in, on, along, over, or under a project should be relocated in such project, or should be removed from such project, or should be carried along or across the project by grade separation, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority; however, the cost and expenses of such relocation or removal or grade separation, including the cost of installing such facilities in a new location or new locations, and the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, and the cost of maintenance of grade separation structures, shall be paid by the authority as a part of the cost of operation of such project.
(3) In case of any such relocation or removal of public utility facilities, the owners or operators of the same, their successors or assigns, may use and operate such public utility facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such public utility facilities in their former location or locations.
B. Any utility allowed to exist on an authority's right-of-way at the request of the utility pursuant to R.S. 48:2029(6) shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2033. Contracts; construction and law enforcement

RS 48:2033 - Contracts; construction and law enforcement
A. All contracts of an authority for the construction, improvement, repair, or maintenance of any project shall be made and awarded under the same conditions, terms, requirements, and provisions as are provided by law with respect to contracts of the state for state-designated projects, or a parish for parish-related projects, or a municipality for municipal-related projects. In the making and awarding of such contracts, the authority shall be under the same duties and responsibilities with respect thereto as are now imposed by law, from time to time, including Part XIII of Chapter 1 of this Title, relative to the awarding of contracts for public works, provided that all contracts of an authority for the construction, improvement, repair, or maintenance of any state-designated project shall be made and awarded under the same conditions, terms, requirements, and provisions as are now provided for with respect to contracts of the department, and in the making and awarding of such contracts, the authority shall be under the same duties and responsibilities with respect thereto as are now imposed upon the department, including Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, as amended.
B. Notwithstanding any law to the contrary, an authority may contract with a private entity to provide services for design, cost estimate, feasibility studies, operations, management, and construction management services, provided that any contract awarded for such services shall be awarded only after the authority drafts and uses a request for proposal seeking proposals from qualified providers. Notice of such request for proposals shall be published twice, once a week for two weeks, in the official journal of the authority and once in at least one trade journal. Such notice shall give a brief description of the services sought where a complete request for proposal form may be obtained and the deadline for response to the proposal, which shall be no less than thirty days from the last publication in the official journal. Nothing in this Subsection shall be construed to allow contracts for the construction, improvement, repairs, or maintenance of tollways to be awarded in any manner other than as set forth in Subsection A.
C. Any authority created hereunder shall contract with either the state police, a law enforcement district, or municipal law enforcement agency for law enforcement and patrol functions.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2035. Chapter supplemental; liberal construction; restrictions

RS 48:2035 - Chapter supplemental; liberal construction; restrictions
A. The powers and rights conferred by this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other general laws and shall not be regarded as in derogation of any powers now existing. This Chapter does and shall be construed to provide a complete and additional method for the issuance of bonds. No proceeding, hearing, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided herein. The provisions of this Chapter shall be liberally construed for the accomplishment of its purposes.
B. The provisions of this Chapter shall not be applicable in any manner to the Greater New Orleans Expressway Commission or its facilities or any projects or improvements related thereto.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2037. Privately owned and financed tollways

RS 48:2037 - Privately owned and financed tollways
A. Should a private entity independently desire to own, plan, design, finance, construct, maintain, and operate a tollway on privately owned property or on leased property, any parish police jury, parish council, or other parish governing authority or municipality acting in its individual capacity may enter into a cooperative endeavor agreement as authorized by Article VII, Section 14(C) of the Constitution of Louisiana to facilitate the construction of such private tollway within the parish, without the approval or participation of an authority. Public funds may only be expended in connection with a privately owned tollway for improvements or expenses incurred outside the property lines of the privately owned tollway right-of-way. If not exclusive, no right shall be granted to another private entity allowing construction of a tollway within two miles of the tollway which is the subject of the cooperative endeavor agreement. Such cooperative endeavor agreement shall be approved by ordinance of such parish governing authority or municipality and shall be executed prior to construction of the privately owned tollway and shall provide for but not be limited to the following:
(1) The right to construct, own, and operate the tollway and that such right shall be irrevocable, but need not be exclusive.
(2) The right to own the tollway and to set, fix, change, and collect tolls all in perpetuity.
(3) Rights of assignment and amendment.
(4) The duty of the private entity to provide for design and construction of the tollway and standards therefor.
(5) Provisions for maintenance and operation, liability, and other operational matters.
(6) Rights and duties of the parties regarding connecting roads, highways, streets, bridges, or transitways.
(7) Such other matters as shall be deemed appropriate or necessary.
B. In the event a private tollway is constructed on privately owned property or on leased property under the provisions of this Section, the provisions of Part I of Chapter 3 of this Title, shall not apply.
Acts 1997, No. 1017, §1, eff. July 11, 1997.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2072. Purpose; legislative findings

RS 48:2072 - Purpose; legislative findings
A. The legislature hereby finds and declares that the development, construction, improvement, expansion, and maintenance of an efficient, safe, and well-maintained intermodal transportation system is essential to promote Louisiana's economic growth and the ability of business and industry to compete in regional, national, and global markets and to provide a high quality of life for the people of this state.
B. Public revenue, including federal funds, has not kept pace with the state's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Louisiana Transportation Authority, to pursue alternative and innovative funding sources, including but not limited to public/private partnerships, tolls, and unclaimed property bonds to supplement public revenue sources and to improve Louisiana's transportation system.
C. The legislature hereby finds and declares that it is a matter of public necessity to authorize the Louisiana Transportation Authority to pursue public-private partnerships to supplement public revenue sources and to pursue alternative and innovative funding sources, including user fees to improve Louisiana's transportation system. Further, the legislature finds that authorizing the Louisiana Transportation Authority to contract with private entities for the development or operation of transportation facilities will provide significant public benefit for the citizens of Louisiana by making additional transportation facilities available to the public and minimizing the need for the imposition of additional taxes. The legislature additionally finds that authorizing private entities to develop or operate transportation facilities will result in the construction of transportation facilities more quickly at reduced costs, thereby benefitting the public safety and welfare of the citizens of Louisiana. The public need for timely and cost-efficient development or operation of transportation facilities within the state may not be wholly satisfied by existing methods utilized by public entities to develop and operate qualifying transportation facilities.
D. It is the intent of this Chapter to encourage investment in the state of Louisiana by private entities and to facilitate to the greatest extent feasible the financing, development, and operation of transportation facilities.
Acts 2001, No. 1209, §2; Acts 2005, No. 256, §2, eff. June 29, 2005; Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2075. Right of public agencies to material

RS 48:2075 - Right of public agencies to material
The authority created pursuant to this Chapter shall be subject to and fully comply with the public records law, R.S. 44:1 et seq., and the open meetings law, R.S. 42:11 et seq., of the state. The proceedings and documents of the authority shall be public record. All reports, maps, or other technical documents produced in whole or in part by the authority may be utilized by the department or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2001, No. 1209, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2076. Establish feasibility; prior written concurrence

RS 48:2076 - Establish feasibility; prior written concurrence
A. The authority may construct projects under the terms and conditions set forth in this Chapter, subject to the prior express written concurrence of the secretary. Said projects must be part of the approved transportation plan and program of the department, where applicable.
B. The authority shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
Acts 2001, No. 1209, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2078. State-designated projects; department approval

RS 48:2078 - State-designated projects; department approval
A. The authority may, upon obtaining the approval of the department, undertake a state-designated project for a transportation improvement designated as a Priority "A" or "B" Megaproject in the 2015 Louisiana Statewide Transportation Plan prepared by the department as a project under this Chapter.
B. The department may, upon the request of the authority, in connection with any state-designated project, expend out of any funds available for the purpose such monies and make such use of its engineering and other staff as may be necessary and desirable, in the judgment of the department, for traffic surveys, borings, surveys, preparation of plans and specifications, estimates of cost, and other preliminary engineering and other studies.
C. The department shall serve as the agent for the authority for the purpose of constructing and completing improvements and extensions to a state-designated project. In such event, the authority shall provide the department with complete copies of all documents, agreements, resolutions, contracts, and instruments relating thereto; shall request the department to do such construction work, including the planning, surveying, and actual construction of the completion, extensions, and improvements thereto; and shall transfer to the credit of an account of the department in the state treasury the necessary funds therefor. The department shall thereupon proceed with such construction and use the funds for such purpose in the same manner as it is now authorized to use the funds otherwise provided by law for its use in the construction of roads and bridges.
D. Any portion of a project which would interconnect with or otherwise directly affect the operation of any portion of the state highway system or any state-designated project shall be subject to department approval.
E. Notwithstanding any other law to the contrary, the authority organized pursuant to the provisions of this Chapter shall have full power to carry out all of the powers and duties set forth in this Chapter, without the necessity of obtaining the approval or consent of the state, or any state agency, political subdivision, district, authority, or other public entity except as expressly provided for in this Chapter.
Acts 2001, No. 1209, §2; Acts 2009, No. 39, §1, eff. July 1, 2009; Acts 2016, No. 169, §1, eff. May 19, 2016.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2079. Acquisition of lands and property

RS 48:2079 - Acquisition of lands and property
A. For the purposes of this Chapter, the authority may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the authority may deem necessary for any authority purpose in the transportation corridor designated by the authority.
B. In the acquisition of land and property rights, the authority may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the authority will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.
C. The authority may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the authority that maximize the price received for such property.
D. When the authority acquires property for a project, it is not subject to any liability imposed by pre-existing conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The authority and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.
Acts 2001, No. 1209, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2080. Public utilities

RS 48:2080 - Public utilities
A.(1) The authority shall have the power to make reasonable regulations, not inconsistent with rules and regulations promulgated by the federal government and the department for the installation, construction, maintenance, repair, renewal, relocation, and removal of any public utility, railroad, or pipeline company,* in, on, along, over, or under a project.
(2) Whenever the authority shall determine that it is necessary to relocate, remove, or carry along or across an authority project by grade separation, any public utility facilities presently located in, on, along, over, or under an authority project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority; however, the cost and expense of such relocation, removal, or grade separation, including the cost of installing such facilities in a new location or locations, including the cost of any land, or any rights or interest in lands, and any other rights acquired to accomplish such relocation or removal, shall be paid as project costs by authority.
(3) In case of relocation or removal, the owners or operators of public utility facilities, their successors or assigns, may use and operate said public utility facilities in the new location or locations upon the same terms and conditions enjoyed prior to relocation or removal.
B. Any utility which requests and is permitted to occupy authority right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2001, No. 1209, §2.
*As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2081. Contracts; construction; project development; law enforcement

RS 48:2081 - Contracts; construction; project development; law enforcement
A. Contracts of the authority for the construction, improvement, or maintenance of any authority project shall be made and awarded pursuant to Part XIII of Chapter 1 of this Title.
B. The authority may contract with either* the state police, a law enforcement district, or municipal law enforcement agency or may create and form an authority police force to perform law enforcement and patrol functions on any authority project.
Acts 2001, No. 1209, §2.
*As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2083. Conveyance of project; maintenance

RS 48:2083 - Conveyance of project; maintenance
When the bonds issued for any state-designated project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the state-designated project is in a condition which meets department standards for structural condition and geometric design and is in a condition of maintenance satisfactory to the department, said project and any property acquired for the project may be transferred by the authority in full ownership to the state of Louisiana. The department will assume jurisdiction and control of the project as a part of the state highway system, provided that the legislature authorizes an increase in mileage of the state highway system equal to the length of the authority project to be transferred. Any authority project transferred to and accepted by the department will be operated and maintained by the department as an integral part of the state highway system, and the department, in the discretion of its secretary, may continue to collect any toll or fee for the purpose of maintenance of the project.
Acts 2001, No. 1209, §2.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.1. Public-private partnership projects; service contract

RS 48:2084.1 - Public-private partnership projects; service contract
In addition to any authority otherwise conferred by law, the authority may contract with a private entity for transportation services to be provided for a qualifying transportation facility in exchange for such service payment and other consideration as the authority may deem appropriate.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.2. Public-private partnerships; adoption of guidelines

RS 48:2084.2 - Public-private partnerships; adoption of guidelines
A. The authority shall adopt and make public guidelines sufficient to enable a private entity to comply with this Chapter. Such guidelines shall include criteria for projects under the purview of the authority including criteria for selecting among competitive proposals, time lines for selecting proposals, and guidelines for negotiating a comprehensive agreement. The authority shall also adopt guidelines for permitting accelerated selection, review, and documentation time lines for proposals involving a transportation facility deemed a priority by the authority and which is funded in whole or substantial part by a dedicated revenue source.
B. The authority may permit accelerated selection, review, and documentation time lines for proposals for a qualifying transportation facility which is deemed by the authority to have a high probability of success and a less complex financial plan requiring no substantial state funding.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.3. Public-private partnership projects; affected local jurisdictions

RS 48:2084.3 - Public-private partnership projects; affected local jurisdictions
A private entity requesting approval from or submitting a proposal to the authority shall furnish a copy of its request or proposal to each affected local jurisdiction and responsible public entity. Each affected local jurisdiction which is not a responsible public entity for the qualifying transportation facility shall within sixty days after receiving a copy of the request or proposal submit written comments regarding the proposed qualifying transportation facility to the authority indicating whether the facility is compatible with local comprehensive transportation plans.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.4. Public-private partnership projects; dedication of public property

RS 48:2084.4 - Public-private partnership projects; dedication of public property
A public entity may dedicate any property interest it has for public use as a qualified transportation facility if it finds that in so doing it will serve the public purpose of this Chapter. In connection with such dedication, the public entity may convey any property interest it has, subject to the conditions imposed by law, to the private entity for consideration as determined by the public entity. The consideration may include an agreement of the private entity to operate the qualifying transportation facility. The property interests that the public entity may convey to the private entity through a dedication may include licenses, franchises, easements, or any other right or interest the public entity deems appropriate.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.5. Public-private partnership projects; powers and duties of the private entity

RS 48:2084.5 - Public-private partnership projects; powers and duties of the private entity
A. The private entity shall be authorized to develop or operate the qualifying transportation facility, impose user fees, and enter into service contracts in connection with the use of the transportation facility. No tolls or user fees may be imposed by the private entity on any existing free road or system of roads, bridge, tunnel, or overpass unless such road or system of roads, bridge, tunnel, or overpass is improved or expanded.
B. The private entity may own, lease, or acquire any other right to use or operate the qualifying transportation facility.
C. Subject to applicable permit requirements, the private entity shall have the authority to cross any canal or navigable water body so long as the crossing does not unreasonably interfere with the navigation and use of the waterway.
D. In operating the qualifying transportation facility, the private entity may determine reasonable categories for assessment of user fees and with the consent of the authority, make and enforce reasonable rules with respect to similar transportation facilities, including rules relating to toll enforcement.
E. The qualifying transportation facility may be granted certain characteristics typically incident to public ownership, including but not limited to exemption from property taxes and ad valorem taxes and relief from zoning restrictions.
F. The private entity shall do all of the following:
(1) Develop or operate the qualifying transportation facility in a manner which meets engineering standards of the authority and any responsible public entity in accordance with the terms of the comprehensive agreement.
(2) Keep the qualifying transportation facility open for use by the public at all times after its initial opening upon payment of the applicable user fees, lease payments, or service payments. The qualifying transportation facility may be temporarily closed due to emergencies or, with the consent of the authority and responsible public entity, may be closed to protect the safety of the public or for reasonable construction or maintenance procedures.
(3) Maintain, or provide by contract for the maintenance of, the qualifying transportation facility.
(4) Cooperate with the authority and responsible public entity to establish any interconnection with the qualifying transportation facility requested by the authority or responsible public entity.
(5) Comply with the provisions of the comprehensive agreement and any lease or service contract.
Acts 2006, No. 304, §1.