reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.7. Public-private partnership projects; funding resources; federal, state, and local assistance

RS 48:2084.7 - Public-private partnership projects; funding resources; federal, state, and local assistance
A. Any financing of a qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the parties in the comprehensive agreement. Additionally, the private entity and the authority may utilize any and all funding resources available, and may, to the fullest extent permitted by applicable law, issue debt, both taxable and tax exempt, equity, or other securities or obligations, enter into leases, borrow or accept grants, and secure any financing with a pledge of security interest in or lien on any or all of its property, including all of its property interests in the qualifying transportation facility.
B. The authority may take any action to obtain federal, state, or local assistance for a qualifying transportation facility which serves the public purpose of this Chapter and may enter into any contracts required to receive such assistance. Any funds received from an agency or instrumentality of the state or federal government shall be subject to appropriation by the legislature.
C. The authority may agree to participate with the private entity in the costs of a public-private partnership project from revenues received from any agency or instrumentality of the federal, state, or local government.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.8. Public-private partnership projects; material default; remedies

RS 48:2084.8 - Public-private partnership projects; material default; remedies
A. Upon occurrence and during the continuation of a material default, the authority may exercise any or all of the following remedies:
(1) The authority may elect to take over the transportation facility or facilities and in such case it shall succeed to all of the right, title, and interest in such transportation facility or facilities, subject to any liens on revenues previously granted by the private entity to any person providing financing therefor.
(2) The authority may terminate the comprehensive agreement and exercise any other rights and remedies which may be available to it in law or in equity.
(3) The authority may make or cause to be made any appropriate claims under the required performance and payment bonds.
B. In the event the authority elects to take over a qualifying transportation facility, the authority shall develop or operate the transportation facility, impose user fees for the use of such facility, and comply with any service contracts. Any revenues subject to a lien shall be collected for the benefit of and paid to secured parties, as their interests may appear, to the extent necessary to satisfy the private entity's obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before any payments to or for the benefit of secured parties, the authority may use revenues to pay current operation and maintenance costs of the transportation facility or facilities, including compensation to the authority for its services in operating and maintaining the qualifying transportation facility. Remaining revenues after all payments for operation and maintenance of the transportation facility and payments for the benefit of secured parties have been made shall be paid to the private entity, subject to the negotiated maximum rate of return. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the authority or the state shall not be pledged to secure any financing of the private entity by the election to take over the qualifying transportation facility. Assumption of operation of the qualifying transportation facility shall not obligate the authority or the state to pay any obligation of the private entity from sources other than revenues.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.9. Public-private partnership projects; acquisition of property; acquisition of project

RS 48:2084.9 - Public-private partnership projects; acquisition of property; acquisition of project
A. At the request of the private entity, the authority may exercise any power it has under R.S. 48:2079 for the purpose of acquiring lands or estates or interests in such to the extent that the authority finds that such action serves the public purpose of this Chapter.
B. Except as provided in Subsection A of this Section, until a court of competent jurisdiction has entered a final declaratory judgment that a material default has occurred and is continuing to occur, the authority may not exercise its power under R.S. 48:2079 or 2084.8 against a qualifying transportation facility.
C. After the entry of a final order, the authority may exercise such power in lieu of or at any time after taking over the transportation facility to acquire the qualifying transportation facility. Nothing in this Chapter shall be construed to limit the authority's exercise of its power to expropriate a qualifying transportation facility after the entry of a final declaratory judgment order pursuant to Subsection B of this Section. The private entity, to the extent of its capital investment, may participate in the expropriation proceedings and shall have the same standing as a property owner.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.10. Public-private partnership projects; utility crossings

RS 48:2084.10 - Public-private partnership projects; utility crossings
Subject to the provisions of R.S. 48:2080, the private entity and each public service company, public utility, railroad, and cable television provider whose facilities are to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the facility. The private entity shall pay all costs for crossing, constructing, moving, or relocating such facilities.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.11. Public-private partnership projects; police powers; violations of law

RS 48:2084.11 - Public-private partnership projects; police powers; violations of law
A. All law enforcement officers of the state and of each affected local jurisdiction shall have the same powers and jurisdiction within the limits of such qualifying transportation facility as in their respective areas of jurisdiction. All law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the private entity to any greater degree than the police power extends to any other private buildings and improvements.
B. To the extent the transportation facility is a highway, road, bridge, tunnel, overpass, or similar transportation facility for motor vehicles, the traffic and motor vehicle laws of the state and, if applicable, any local jurisdiction shall be the same as those applying to conduct on similar transportation facilities in the state or such local jurisdiction. Punishment for offenses shall be as prescribed by law for conduct occurring on similar transportation facilities in the state or local jurisdiction.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.12. Public-private partnership projects; dedication of assets

RS 48:2084.12 - Public-private partnership projects; dedication of assets
The authority shall terminate the private entity's authority and duties under this Chapter on the date set forth in the comprehensive agreement. Upon termination, the authority and duties of the private entity under this Chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility is dedicated by an affected local jurisdiction, to such affected local jurisdiction for public use.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.13. Public-private partnership projects; procurement

RS 48:2084.13 - Public-private partnership projects; procurement
A. Louisiana procurement regulations promulgated pursuant to R.S. 39:1581 et. seq. and R.S. 48:2081 shall not apply to public-private partnership projects. The comprehensive agreement entered into by the parties may include provisions which are consistent with procurement through competitive sealed bidding or competitive negotiation. The authority shall not be required to select the proposal with the lowest price offer but may consider price as one factor in evaluating proposals. The authority may also consider other factors such as the proposed cost of the qualifying transportation facility, the general reputation, industry experience, and financial capacity of the private entity, the proposed design of the qualifying transportation facility, the eligibility of the facility for accelerated selection, review, and documentation time lines under the authority's guidelines, local citizen and government concerns, benefits to the public, the private entity's compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such a plan, the private entity's plans to employ local contractors and residents, the party submitting the original proposal for the qualifying transportation facility, and other factors deemed appropriate by the authority.
B. The authority shall proceed in procuring necessary elements of the project in accordance with its guidelines. The authority's guidelines shall be based on factors such as the probable scope, complexity, and priority of the project, the risk sharing, added value, debt, or equity investments by the private entity, and the increase in funding, dedicated revenue source, or other economic benefit otherwise unavailable. Prior to proceeding in procurement activities in accordance with its guidelines, the authority shall state the reasons for its determination in writing.
C. The authority shall comply with the provisions of R.S. 48:2078 if the public-private partnership project is a state-designated project prior to entering into the comprehensive agreement.
D. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, the authority shall make available, upon request, procurement records in accordance with applicable public records laws.
E. Qualifying transportation facilities may be constructed utilizing design-build or other innovative project delivery methods.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.14. Public-private partnership projects; multimodal transportation facilities

RS 48:2084.14 - Public-private partnership projects; multimodal transportation facilities
Notwithstanding any provision of this Chapter, a private entity shall request approval from all responsible public entities and may enter into a pre-development agreement or comprehensive agreement with multiple responsible public entities. Each responsible public entity shall retain its right to approve a private entity proposal for a multimodal transportation facility and the terms of a pre-development agreement or comprehensive agreement to which it becomes a party. Responsible public entities may designate a lead responsible public entity for purposes of determining the process for reviewing the private entity's proposal and negotiating a comprehensive agreement and a pre-development agreement.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2084.15. Public-private partnership projects; limitations; port facilities

RS 48:2084.15 - Public-private partnership projects; limitations; port facilities
Nothing in this Chapter shall be construed to limit, restrict, or prevent the ability of any port authority, port, harbor and terminal district, or the offshore terminal authority, to construct, maintain, operate, expand, or create any facility within its jurisdiction or other areas within which such entity is authorized to act. If any property or facility of the authority or of any private entity authorized to act in accordance with the provisions of this Chapter is to be located within the jurisdiction of an existing port commission, port, harbor and terminal district, or the offshore terminal authority, the mutual written agreement of such entity shall be required before the authority approves the transportation facility.
Acts 2006, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2085. Design build projects; authority

RS 48:2085 - Design build projects; authority
Notwithstanding any law to the contrary or the requirements of this Chapter, the authority may accept unsolicited proposals for design build projects in excess of one hundred million dollars. If the authority receives an unsolicited proposal of the design build project, the authority shall notify the department and the department shall review the unsolicited proposal and notify interested bidders by public advertisement throughout the state for a period of thirty days. Interested parties shall submit a formal request of consideration within thirty days. Interested bidders shall be allowed no more than one hundred twenty days to submit an unsolicited proposal including schedule, design, and cost. All proposals for a design build project received pursuant to this Section shall comply with all applicable provisions of law regarding the design build method, and the review cost shall be nonrefundable should the project not move forward.
Acts 2022, No. 552, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2092. Purpose; legislative findings

RS 48:2092 - 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 limited access highway system and related ingress and egress is essential to promote continued economic growth and to provide a high quality of life for the people of the Lafayette area.
B. Public revenue, including federal funds, has not kept pace with the area's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Lafayette Metropolitan Expressway Commission, to pursue alternative and innovative funding sources, including but not limited to tolls, to supplement public revenue sources, and to improve the Lafayette area's transportation system.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2093. Definitions

RS 48:2093 - Definitions
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Lafayette Metropolitan Expressway Commission Act.
(2) "Board" means the board of directors of the commission.
(3) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the commission to finance projects.
(4) "Commission" means the Lafayette Metropolitan Expressway Commission created by this Chapter.
(5) "Department" means the Department of Transportation and Development.
(6) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(7) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(8) "Project" means any capital project undertaken pursuant to this Chapter including the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway.
(9) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(10) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(11) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.
(12) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the commission or received by the commission from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(13) "Secretary" means the secretary of the Department of Transportation and Development.
(14) "State" means the state of Louisiana or any agency or instrumentality thereof.
(15) "Toll" means any fee or charge for the use of a tollway.
(16) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2095. Right of public agencies to material

RS 48:2095 - Right of public agencies to material
The commission 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 commission shall be public record. All reports, maps, or other technical documents produced in whole or in part by the commission may be utilized by the commission or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2096. Feasibility; advice

RS 48:2096 - Feasibility; advice
A. The commission may construct projects under the terms and conditions set forth in this Chapter. The commission shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Lafayette Consolidated Government's Metropolitan Planning Organization, and all subcommittees thereof, shall serve in an advisory capacity to the commission relative to any project or projects contemplated by or to be undertaken by the commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2098. Acquisition of lands and property

RS 48:2098 - Acquisition of lands and property
A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission.
B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission 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 commission 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 commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting 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 commission 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 commission.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2099. Public utilities

RS 48:2099 - Public utilities
A.(1) The commission 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 commission shall determine that it is necessary to relocate, remove, or carry along or across a commission project by grade separation, any public utility facilities presently located in, on, along, over, or under a commission project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the commission; 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 the commission.
(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 commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2100. Contracts; construction; project development; law enforcement

RS 48:2100 - Contracts; construction; project development; law enforcement
A. Contracts of the commission for the construction, improvement, or maintenance of any commission project shall be made and awarded pursuant to applicable provisions of state law.
B. The commission may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any commission project.
Acts 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2102. Conveyance of project; maintenance

RS 48:2102 - Conveyance of project; maintenance
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the 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 commission 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 commission project to be transferred. Any commission 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 2003, No. 893, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2106. Membership requirements

RS 48:2106 - Membership requirements
A. The board of directors for each expressway commission with boundaries and jurisdiction which are coterminous with Lafayette Parish, shall include one director from Iberia Parish and one director from Vermilion Parish.
B. Each director shall take and subscribe to the oath of office required for public officials. Each director shall be a voting member of the board and shall be considered in determining a quorum. Directors shall serve until their successors are appointed and sworn into office. Directors may be removed from office for cause by a district court having jurisdiction.
C. Directors shall not receive any salary for the performance of their duties as directors, but may be reimbursed for mileage expenses incurred for attendance at meetings of the commission. The mileage allowance shall be fixed by the commission in an amount not to exceed the mileage allowance authorized under state travel regulations at rates and standards as promulgated by the division of administration subject to the availability of funds.
D. The directors shall be subject to the provisions of the Code of Governmental Ethics.
Acts 2008, No. 569, §1; Acts 2011, 1st Ex. Sess., No. 11, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2132. Purpose; legislative findings

RS 48:2132 - 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 limited access highway system and related ingress and egress is essential to promote continued economic growth and to provide a high quality of life for the people of the Ouachita Parish area.
B. Public revenue, including federal funds, has not kept pace with the area's growing transportation system needs. The legislature hereby finds and declares that it is a matter of public necessity to create the Ouachita Expressway Authority, to pursue alternative and innovative funding sources, including but not limited to tolls, to supplement public revenue sources, and to build a fourth bridge over the Ouachita River.
Acts 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2133. Definitions

RS 48:2133 - Definitions
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Act" means the Ouachita Expressway Authority Act.
(2) "Authority" means the Ouachita Expressway Authority created by this Chapter.
(3) "Board" means the board of commissioners of the authority.
(4) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the authority to finance projects.
(5) "Department" means the Department of Transportation and Development.
(6) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(7) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(8) "Project" means a capital project undertaken pursuant to this Chapter for the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway or a bridge or both. Such a bridge shall cross the Ouachita River as provided in Segment K of the Ouachita Loop Major Investment Study, as approved by the Ouachita Council of Governments at its regular meeting on August 28, 2000, including an alignment on the west side which shall run southwesterly to its intersection with LA 143, just north of Tupawek Bayou.
(9) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(10) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within such term, including any and all interests in such property less than full title.
(11) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the authority or received by the authority from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(12) "Secretary" means the secretary of the Department of Transportation and Development.
(13) "State" means the state of Louisiana or any agency or instrumentality thereof.
(14) "Toll" means any fee or charge for the use of a tollway.
(15) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the authority.
Acts 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2135. Public records; public meetings; right of public agencies to records

RS 48:2135 - Public records; public meetings; right of public agencies to records
The board created by 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 board shall be public record. All reports, maps, or other technical documents produced in whole or in part by the board may be utilized by the board or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2136. Feasibility; advice

RS 48:2136 - Feasibility; advice
A. The authority, through the board, may construct projects under the terms and conditions set forth in this Chapter. The board may conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Ouachita Council of Governments, and all subcommittees thereof, shall serve in an advisory capacity to the board relative to any project or projects contemplated by or to be undertaken by the authority.
Acts 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2138. Acquisition of lands and property

RS 48:2138 - 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 board may deem necessary for any authority purpose in the transportation corridor designated by the board.
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 board that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the authority by eminent domain proceedings, the authority first shall offer to sell whatever rights it acquired back to the original owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the authority acquires property for a project, it is not subject to any liability imposed by preexisting 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 board, on behalf of 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 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2139. Contracts; construction; project development; law enforcement

RS 48:2139 - Contracts; construction; project development; law enforcement
A. Contracts of the board on behalf of the authority for the construction, improvement, or maintenance of any authority project shall be made and awarded pursuant to applicable provisions of state law.
B. The board, on behalf of the authority, may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any authority project.
Acts 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2141. Conveyance of project; maintenance

RS 48:2141 - Conveyance of project; maintenance
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the 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, such project and any property acquired for the project may be transferred by the board, on behalf of 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 2007, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2152. Central Louisiana Regional Infrastructure Beltway Commission; purposes

RS 48:2152 - Central Louisiana Regional Infrastructure Beltway Commission; purposes
The Central Louisiana Regional Infrastructure Beltway Commission, hereinafter referred to as the "commission", is hereby created in the parishes of Rapides and Grant. The commission shall be created for the purpose of establishing and constructing a transportation and utility corridor for the growth of residential, commercial, and industrial developments serving the urban and rural areas of Rapides and south Grant parishes.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2153. Definitions

RS 48:2153 - Definitions
Unless the text clearly indicates otherwise, the following words or phrases shall have the following meanings:
(1) "Board" means the board of directors of the commission.
(2) "Bonds" means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by the commission to finance projects.
(3) "Commission" means the Central Louisiana Regional Infrastructure Beltway Commission.
(4) "Department" means the Department of Transportation and Development.
(5) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.
(6) "Person" means any individual, partnership, firm, corporation, company, cooperative, association, society, trust, or any other business unit or entity, including any state or federal agency.
(7) "Project" means any capital project undertaken pursuant to this Chapter including the acquisition of real property, construction, reconstruction, improvement, extension, installation, development, landscaping, or operation of a tollway.
(8) "Project costs" means all costs associated with and necessary to plan, design, acquire property rights, and to construct a project, construction costs, and such other expenses as may be necessary or incidental to the construction, financing, and operation of the project.
(9) "Public utility facilities" means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances which are either publicly or privately owned.
(10) "Real property" means lands, waters, rights in lands or waters, structures, franchises, and interests in land, including lands under water, riparian rights, property rights in air space or subsurface, and any and all other things and rights usually included within said term, including any and all interests in such property less than full title.
(11) "Revenue" means:
(a) Any income, revenue, toll, and receipt derived or to be derived from the construction and operation of projects by the commission or received by the commission from any other sources whatsoever.
(b) Monies generated by way of contract, pledge, donation, or bequest.
(12) "Secretary" means the secretary of the Department of Transportation and Development.
(13) "State" means the state of Louisiana or any agency or instrumentality thereof.
(14) "Toll" means any fee or charge for the use of a tollway.
(15) "Tollway" means any limited access highway, bridge, or other transportation facility constructed or operated by the commission.
Acts 2009, No. 518, §1, eff. June 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2155. Right of public agencies to material

RS 48:2155 - Right of public agencies to material
The commission 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. All reports, maps, or other technical documents produced in whole or in part by the commission may be utilized by the commission or any other public agency in any manner that it deems necessary and advisable in the conduct of its duties.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2156. Feasibility; advice

RS 48:2156 - Feasibility; advice
A. The commission may construct projects under the terms and conditions set forth in this Chapter. The commission shall conduct an economic feasibility study prior to initiation of any project to substantiate project need and feasibility.
B. The Rapides Area Planning Commission, and all subcommittees thereof, shall serve in an advisory capacity to the commission, relative to any project or projects contemplated by or to be undertaken by the commission.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2158. Acquisition of lands and property

RS 48:2158 - Acquisition of lands and property
A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission.
B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission 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 commission 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 commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the prior owner or his successors in title, at the fair market value or at the original price paid, whichever is less.
D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting 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 commission 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 commission.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2159. Public utilities

RS 48:2159 - Public utilities
A.(1) The commission 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, or removal of any public utility, railroad, or pipeline, in, on, along, over, or under a project.
(2) Whenever the commission shall determine that it is necessary to relocate, remove, or carry along or across a commission project by grade separation, any public utility facilities presently located in, on, along, over, or under a commission project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the commission; 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 the commission.
(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 a commission right-of-way shall be responsible for any cost of relocation, removal, or grade separation and all expenses related thereto.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2160. Contracts; construction; project development; law enforcement

RS 48:2160 - Contracts; construction; project development; law enforcement
A. Contracts of the commission for the construction, improvement, or maintenance of any commission project shall be made and awarded pursuant to applicable provisions of state law.
B. The commission may contract with either the state police, a law enforcement district, or municipal law enforcement agency to perform law enforcement and patrol functions on any commission project.
Acts 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2162. Conveyance of project; maintenance

RS 48:2162 - Conveyance of project; maintenance
When the bonds issued for any project and the interest thereon have been paid in full, or sufficient funds have been deposited in trust for that purpose, and the 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 commission 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 commission project to be transferred. Any commission 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 2009, No. 518, §1, eff. July 10, 2009.
2023 Louisiana Laws › Revised Statutes › Title 48 - Roads, Bridges and Ferries › §48:2170. Short title

RS 48:2170 - Short title
This Chapter shall be known and may be referred to as "The Louisiana Intrastate Rail Compact Act".
Acts 2010, No. 838, §2, eff. June 30, 2010; Acts 2010, No. 858, §1, eff. June 30, 2010.