Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 8 - Coastal Protection, Conservation, and Restoration › Subchapter B - Oyster Lease Acquisition and Compensation Program › Section I-867 - Judicial Review

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
					 §865 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.