Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-317 - Judicial Review (Formerly LAC 43:I.867)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A leaseholder may seek judicial review of
				the final decision of the Division of Administrative Law under §315 in
				accordance with
				R.S.
				56:432.1(D), based solely on
				the administrative record and, except as otherwise provided in these rules or
				by
				R.S.
				56:432.1, governed by and conducted in
				accordance with the Administrative Procedure Act (APA),
				R.S.
				49:950 et seq. and the Division of
				Administrative Law Act (DALA),
				R.S.
				49:991 et seq.
B. Proceedings for judicial review may be
				instituted in accordance with
				R.S.
				56:432.1(D) by filing a
				petition in the Nineteenth Judicial District Court for the Parish of East Baton
				Rouge within 60 days after issuance of the final decision of the Division of
				Administrative Law. No petition for judicial review may be filed, and any such
				petition is premature, unless adjudication has been timely sought and all
				administrative remedies have been exhausted. Copies of the petition shall be
				served upon the secretary and on all parties of record.
C. A request for judicial review shall have
				no effect upon the validity of the acquisition of any oyster lease acreage
				acquired pursuant to a notice of acquisition, but only the compensation payable
				to the leaseholder. However, the acquisition may be found invalid if review is
				sought timely and the project or action for which acquisition is sought does
				not further coastal protection, conservation, or restoration. If the
				acquisition is invalidated, the full possession of the acreage sought to be
				acquired shall remain with the leaseholder, as if the notice of acquisition had
				never been issued.
D. If the court
				declares in its judgment that the leaseholder is entitled to additional
				compensation for the acquisition of the leasehold acreage at issue or that the
				department should have acquired a lease or acreage which it had not previously
				acquired, and states the amount of such compensation that is due, the
				department may appeal the judgment in accord with
				R.S. 49:965 of
				the Administrative Procedure Act (APA). If the judgment is affirmed on appeal
				or no appeal is taken and subject to Constitution Article 12, Section 10, the
				department shall issue a check or draft to the leaseholder for such additional
				compensation as set forth in the original judgment or as may be modified or
				amended on appeal by certified United States mail, return receipt requested,
				postage pre-paid, or hand delivery, to the last address on file with DWF on the
				date of issuance, or at such other address as may be specified in the request
				for adjudication no more than 60 days after the judgment becomes final and
				definitive under the provisions of Articles 2166 and 2167 of the Code of Civil
				Procedure.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:213.1, et seq. and
				  R.S.
				  56:432.1.