Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part VII - Coastal Protection, Conservation, and Restoration › Chapter 3 - Oyster Lease Acquisition and Compensation Program › Section VII-313 - Notification to Leaseholder of Acquisition and Compensation (Formerly LAC 43:I.863)

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
				§307 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.