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-863 - Notification to Leaseholder of Acquisition and Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should the secretary determine that an
					 existing oyster lease issued by DWF is located within the direct impact area of
					 a project and the project is necessary and proper for coastal protection,
					 conservation, or restoration, the secretary may acquire the affected acreage on
					 behalf of the state in accordance with this Section.
B. Acquisition shall be implemented by
					 issuance of a notice of acquisition. Notice of acquisition may be mailed or
					 delivered to the leaseholder no sooner than 60 days after the completion of the
					 oyster resource survey conducted in accordance with §857 The notice shall
					 be issued in writing to the leaseholder by certified United States mail, return
					 receipt requested, postage pre-paid, or hand delivery, to the last address
					 furnished to DWF by the leaseholder on the date of issuance of notice. A copy
					 of such notice shall be recorded in the conveyance records of any parish in
					 which the affected acreage to be acquired or the affected lease is
					 located.
C. Such notice of
					 acquisition shall, at a minimum, include:
1. a
					 description specifying affected acreage, or portion thereof, being
					 acquired;
2. the effective date of
					 acquisition;
3. a brief description
					 of the coastal protection, conservation, or restoration project for which the
					 acreage is being acquired;
4. a
					 plat or map depicting the project and the affected lease or affected acreage to
					 be acquired;
5. a copy of these
					 regulations and
					 R.S.
					 56:432.1;
6. a statement that the department will
					 acquire the acreage described in the notice of acquisition, and that such
					 acquisition shall automatically occur on the date specified in the
					 notice;
7. a statement that the
					 leaseholder retains full use and possession of the affected acreage to be
					 acquired until the effective date of acquisition, and may, at his sole risk and
					 expense, harvest any oysters or take any other action permitted under the
					 affected lease until the effective date of acquisition;
8. a statement that the acquisition will be
					 effective regardless of whether the leaseholder actually received the notice of
					 acquisition;
9. a statement that
					 the affected lease shall continue in full force and effect as to all remaining
					 acreage under the lease other than the acquired acreage (in cases where only
					 part of the affected lease is being acquired);
10. a statement that lease payments as
					 otherwise required by
					 R.S.
					 56:428 or 429 shall no longer be payable as
					 to the acquired oyster lease acreage for the calendar year after the date on
					 which the notice of acquisition is issued; but that payment must still be paid
					 as to any remaining acreage under the lease if the lease is acquired only in
					 part;
11. a statement that the
					 leaseholder will either be allowed a period of one year or more from the date
					 of issuance of notice of acquisition herein in which to remove any and all
					 marketable oysters from the affected lease, at his sole risk and expense, and
					 that no compensation shall be allowed for oysters so removed or removable, or
					 if the department states an effective date for the acquisition that is less
					 than one year after the date of issuance, a statement that the compensation for
					 the acreage to be acquired includes compensation for the non-removable
					 marketable oysters as part of the attached acquisition payment;
12. a determination of compensation, stating
					 the dollar amount that the department has determined in accordance with these
					 regulations and
					 R.S.
					 56:432.1 to be paid for the acquired acreage
					 and the appraised value of the acquired acreage. If compensation is being paid
					 for non-removable marketable oysters, a statement of the value thereof is also
					 to be included;
13. a check,
					 attached only to a notice of acquisition sent to the leaseholder's last address
					 as furnished to DWF by the leaseholder on the date of issuance of notice, in
					 the full amount of the determination of compensation, except for and less any
					 amount due on recorded liens and encumbrances to be paid out of said proceeds,
					 in the name of the leaseholder of record in accordance with the records of DWF
					 on the date of issuance of notice of acquisition herein;
14. a statement that acceptance or
					 negotiation of the attached check (or draft) does not preclude a claim for
					 additional compensation as provided in these regulations and
					 R.S.
					 56:432.1;
15. if any amount due on a recorded lien or
					 encumbrance has been withheld from the check for compensation, a statement
					 indicating the name of the holder of the recorded lien or encumbrance, the
					 amount withheld, and that payment of said amount has been made by the
					 department to that holder;
16. a
					 statement that the leaseholder may seek an administrative hearing in writing
					 through the department within 60 days after issuance of the notice of
					 acquisition, determination of compensation, or payment, pursuant to these
					 regulations and
					 R.S.
					 56:432.1, as to whether the acquisition due
					 to the impact of dredging, direct placement of dredged or other materials, or
					 other work or activities necessary for the construction or maintenance of a
					 project for coastal protection, conservation, or restoration is proper or
					 whether the compensation issued by the department satisfied the regulations
					 under this Subchapter, and that administrative or judicial review may be
					 permissible, but that the procedures stated by law and these regulations must
					 be followed or such right of review may be lost or impaired; and
17. a statement that a request for
					 administrative or judicial review shall have no effect upon the validity of the
					 acquisition of the acquired acreage, but only the compensation payable to the
					 leaseholder, unless review is sought timely and the leaseholder proves that the
					 project or action for which the acreage was acquired does not further coastal
					 protection, conservation, or restoration.