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Regular Session, 2010
HOUSE BILL NO. 1057
BY REPRESENTATIVE CHAMPAGNE
DISTRICTS/SPECIAL: Creates a redevelopment authority for the city of Jeanerette
AN ACT1
To enact Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 33:4720.201, relative to the Jeanerette Redevelopment Authority;3
to create the Jeanerette Redevelopment Authority; to provide for the formation of a4
program or programs in the city of Jeanerette for the use of appropriate private and5
public resources to eliminate and prevent the development or spread of slum,6
blighted, and distressed areas; to allow the rehabilitation, clearance, and7
redevelopment of slum, blighted, and distressed areas; to provide for the expeditious8
conversion of blighted or underused property into habitable residential dwellings in9
the city of Jeanerette; to define the duties, liabilities, authority, and functions of the10
redevelopment authority; to authorize public bodies to furnish funds, services,11
facilities, and property in aid of redevelopment projects; and to provide for related12
matters.13
Notice of intention to introduce this Act has been published14
as provided by Article III, Section 13 of the Constitution of15
Louisiana.16
Be it enacted by the Legislature of Louisiana:17 HLS 10RS-612 ORIGINAL
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Section 1. Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950,1
comprised of R.S. 33:4720.201, is hereby enacted to read as follows: 2
CHAPTER 13-M. JEANERETTE REDEVELOPMENT AUTHORI TY3
ยง4720.201. Jeanerette Redevelopment Authority4
A. This Chapter may be referred to as the "Jeanerette Redevelopment Law".5
B. It is hereby found and declared that:6
(1) There exist in the city of Jeanerette areas which have become slums,7
blighted, and distressed because of the unsafe, unsanitary, inadequate, or8
overcrowded condition of the structures therein, or because of inadequate planning9
for the area, or because of physically or functionally obsolete structures, or because10
of excessive dwelling unit density, or because of the lack of proper light and air and11
open space, or because of faulty street or lot design, or inadequate public utilities, or12
community services, or because of failure to adequately maintain and repair13
structures, or because of the conversion to incompatible types of land usage, or14
because of environmental conditions and circumstances. Such conditions or a15
combination of some or all of them have and will continue to result in making such16
areas economic and social liabilities.17
(2) The prevention and elimination of slum, blighted, and distressed18
properties are matters of public policy and concern, as such areas tend to consume19
a disproportionate amount of city revenues because of the extra services required for20
police, fire, accident, and other forms of public protection, services, and facilities.21
(3) The salvage, renewal, redevelopment, and reconstruction of such slum,22
blighted, and distressed areas will promote the public health, safety, morals, and23
welfare of the public.24
(4) The powers conferred by this Chapter are for public uses, purposes,25
welfare, and utility for which public money may be expended as necessary. The26
provisions of this Chapter shall apply for residential, recreational, commercial,27
industrial, or other purposes and otherwise to encourage the provision of healthful28
homes, safe neighborhoods, a decent living environment, and adequate places of29 HLS 10RS-612 ORIGINAL
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employment for the people. Such purposes are hereby declared as a matter of1
legislative determination.2
(5) The object of this Chapter is to provide for the following:3
(a) The general and economic welfare of the city through housing,4
commercial, office, hospitality, recreation, education, infrastructure and utility5
capacity, manufacturing, industrial, research, retail, or other activities which will6
create or retain jobs, maintain or diversify industry, including new or emerging7
technologies, or maintain or increase the tax base.8
(b) The improvement of conditions of deteriorated physical development,9
slow economic growth, and eroded financial health of the public and private sectors.10
(c) The control, abatement, and prevention of pollution to protect public11
health and safety and the development and use of indigenous and renewable energy12
resources.13
(d) Assistance to nonprofit and governmental entities in support of health,14
educational, charitable, community, cultural, agricultural, consumer, or other15
services benefitting the citizens.16
C.(1) There is hereby created in the city of Jeanerette a body politic and17
corporate which shall exist in perpetuity and shall be known as the Jeanerette18
Redevelopment Authority, referred to in this Chapter as the "authority".19
(2) The authority shall be a special district created pursuant to Article VI,20
Section 19 of the Constitution of Louisiana and political subdivision of the state as21
defined in Article VI, Section 44 of the Constitution of Louisiana. The authority,22
acting through its governing board, is hereby granted all of the rights, powers,23
privileges, and immunities accorded by the laws and the Constitution of Louisiana24
to political subdivisions of the state, subject to the limitations provided in this25
Chapter.26
D. The authority, for the purposes of this Chapter, may within its jurisdiction27
formulate a workable program or programs for using appropriate private and public28
resources to eliminate and prevent the development or spread of slums and blight,29 HLS 10RS-612 ORIGINAL
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to encourage needed rehabilitation, and to provide for the redevelopment of slum or1
blighted areas, or to undertake other feasible parochial activities as may be suitably2
employed to achieve the objectives of such workable program.3
E. The authority, to the greatest extent it determines to be feasible in carrying4
out the provisions of this Chapter, shall seek out cooperative endeavors, including5
partnerships, joint ventures, and equity participation structures, with nonprofit6
organizations and private enterprise. The authority shall give consideration to this7
objective in exercising the powers granted pursuant to this Chapter.8
F.(1) The Jeanerette Redevelopment Authority shall be comprised of all of9
the territory located within the city of Jeanerette.10
(2) The authority shall be activated and implemented by the governing11
authority recognizing and confirming the appointment of the initial five members of12
the board.13
G.(1) The Jeanerette Redevelopment Authority shall be governed by a board14
of commissioners, referred to in this Chapter as the "board", consisting of five15
members appointed as follows:16
(a) Two members appointed by the city council.17
(b) One member representing the Jeanerette Chamber of Commerce18
appointed by the governing board of such organization.19
(c) One member shall be appointed by the governing board of Southern20
Mutual Help Association, Inc.21
(d) One member appointed by the governing board of the Iberia Economic22
Development Authority.23
(2) All appointments shall be confirmed by the governing authority of the24
city of Jeanerette.25
(3) Each appointing authority shall present its initial appointee to the city26
governing authority no later than December 31, 2010. Such presentations by the27
appointing authorities shall be in writing, shall be made at an official and open28
meeting of the city governing authority, and shall include information sufficient to29 HLS 10RS-612 ORIGINAL
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allow the governing authority to assess the qualifications and fitness of the appointee1
for his intended duties. Upon receipt of such presentation, the city governing2
authority shall have the right to confirm or reject said appointment. Such3
confirmation or rejection shall be made in the manner and under the procedure4
prescribed by the governing authority. Regardless of the manner and procedure so5
employed, if the governing authority does not reject an appointment within sixty6
days after the presentation required by this Paragraph, then the appointment shall be7
deemed confirmed.8
(4) Each board member shall be a citizen of the United States, a domiciliary9
of and a qualified voter in the city of Jeanerette for at least one year preceding the10
date of appointment, and shall remain a domiciliary of and a qualified voter of such11
jurisdiction during the entirety of the term of office. Furthermore, each board12
member shall be of good character and shall possess some skill, knowledge, or13
experience that will prove useful in the accomplishment of the goals of the authority14
as set forth in Subsection B of this Section.15
(5) Each board member shall serve for a term of four years unless removed16
for cause by the board as provided in this Chapter or removed for any reason by17
authorized action of the appointing authority. Initial terms shall be established in the18
bylaws of the authority.19
(6) The board shall establish rules and requirements relative to the20
attendance and participation of members in its meetings, regular or special. Such21
rules and regulations may prescribe a procedure whereby, should any member fail22
to comply with such rules and regulations, the member may be disqualified and23
removed automatically from office by no less than a majority vote of the remaining24
members of the board, and that member's position shall be vacant as of the first day25
of the next calendar month. Any person removed under the provisions of this26
Paragraph shall be ineligible for reappointment to the board unless such27
reappointment is confirmed unanimously by the board.28 HLS 10RS-612 ORIGINAL
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(7)(a) A vacancy on the board shall be filled in the same manner as the1
original appointment, except that such appointment shall not require confirmation2
by the governing authority of the city of Jeanerette. 3
(b) When a vacancy occurs on the board, a majority of the remaining board4
members may select an interim member to serve until a new member is appointed.5
(8) Board members shall serve without compensation, shall have the power6
to organize and reorganize the executive, administrative, clerical, and other7
departments and forces of the authority and to fix the duties, powers, and8
compensation of all employees, agents, and consultants of the authority. The board9
may reimburse any member for expenses actually incurred in the performance of10
duties on behalf of the authority.11
(9) The board shall elect yearly from its number a chairman, a vice chairman,12
a secretary, and a treasurer and shall establish their duties as may be regulated by13
rules adopted by the board. The offices of secretary and treasurer may be held by the14
same person. The board may meet in regular session once each month and also shall15
meet in special session as convened by the chairman or upon written notice signed16
by three members. A majority of the members of the board, not including vacancies,17
shall constitute a quorum for the conduct of business.18
(10) All actions of the board shall be approved by the affirmative vote of a19
majority of the members of the board present and voting; however, no action of the20
board shall be authorized on the following matters unless approved by a majority of21
the total board membership:22
(a) Adoption of bylaws and other rules and regulations for conduct of the23
authority's business.24
(b) Hiring or firing of any employee or contractor of the authority. This25
function may by majority vote be delegated by the board to a specified officer or26
committee of the authority, under such terms and conditions and to the extent that27
the board may specify.28
(c) The incurring of debt.29 HLS 10RS-612 ORIGINAL
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(d) Levy of taxes and call for any tax or other election.1
(e) Adoption or amendment of the annual budget.2
(f) Sale, lease, encumbrance, or alienation of real property, improvements,3
or personal property with an assessed value of more than twenty thousand dollars.4
(11) Vote by proxy shall not be permitted. Any member may request a5
recorded vote on any resolution or action of the authority.6
(12) The board shall cause minutes and a record to be kept of all its7
proceedings. Except as otherwise provided in this Paragraph, the authority shall be8
subject to the Public Records Law (Chapter 1 of Title 44 of the Louisiana Revised9
Statutes of 1950), the Open Meetings Law (R.S. 42:4.1 et seq.), and the Code of10
Governmental Ethics (Chapter 15 of Title 42 of the Louisiana Revised Statutes of11
1950). Notwithstanding the provisions of R.S. 42:5, until thirty days prior to the date12
the board is scheduled to consummate a final sale or lease of any immovable13
property owned by the authority, the board may meet in executive session to discuss14
negotiations between the authority and any prospective seller, purchaser, lessor, or15
lessee of that property. R.S. 44:31 through 35 shall not apply to any records related16
to the negotiations of or to the terms of such a sale or lease until thirty days prior to17
the date the board is scheduled to consummate a final sale or lease. The board shall18
give written public notice of its intention to consummate a final sale or lease at least19
thirty days prior to the date on which the board intends to take such action. This20
notice shall comply with the procedural provisions of R.S. 42:7.21
H. The authority, through the board, shall have all powers necessary or22
convenient to carry out and effectuate the purposes and provisions of this Chapter,23
including but not limited to the following:24
(1) To sue and be sued and as such to stand in judgment.25
(2) To adopt, use, and alter at will a corporate seal.26
(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and27
use any property, real, personal, mixed, tangible, or intangible, or any interest therein28
and to engage in any action, such as the purchase of insurance, necessary or desirable29 HLS 10RS-612 ORIGINAL
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for the maintenance or improvement of such property. The authority shall not have1
any power to expropriate, except that power which is granted by the appropriate2
governing authority.3
(4)(a) To sell, lease for a term of up to ninety-nine years, exchange, or4
otherwise dispose of or transfer to or with other political subdivisions of this state5
or public or private persons at public or private sale any residential, commercial,6
industrial, or subdivision land, property, improvements, or portions thereof,7
including real property.8
(b) Prior to any sale, lease, conveyance, disposition, or transfer of property9
pursuant to this Paragraph, the authority shall fix the price and terms of the sale,10
lease, exchange, or other contract to be made with reference to the property. Such11
sale, lease, conveyance, disposition, or transfer shall comply with the terms and12
provisions of this Chapter.13
(c) Any sale of industrial land as defined by Chapter 8 of Title 51 of the14
Louisiana Revised Statutes of 1950 and the statutes referenced therein shall be in15
accordance with laws providing for the disposition or transfer of such land.16
(d) Other than the requirements of this Chapter, no other law limiting or17
regulating the form or manner of the sale, lease, conveyance, disposition, or transfer18
of property by public bodies, including without limitation R.S. 41:1338, shall apply19
to the sale, lease, conveyance, disposition, or transfer of property by the authority.20
All such sales, leases, conveyance, dispositions, or transfers of property remain21
subject to the limitations imposed by the Constitution of Louisiana.22
(5) To convey to the United States, the state, or to any political subdivision23
of the state any land, property, right-of-way, easement, servitude, or other thing of24
value which the authority may own or acquire for use by such governmental entity25
pursuant to the terms of any appropriate cooperative endeavor agreement.26
(6) To make and collect reasonable charges for the use of property of the27
authority and for services rendered by the authority and to regulate fees or rentals28
charged for use of privately owned facilities located on property owned or sold by29 HLS 10RS-612 ORIGINAL
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the authority when such facilities are offered for use by the public or by a private1
industrial, commercial, research, or other economic development entity or activity.2
(7) To enter into contracts and agreements with public bodies or public or3
private entities, including but not limited to contracts for professional, legal, and4
other services and for the purchase, lease, acquisition, sale, construction, operation,5
maintenance, marketing, and improvement of land, public works, and facilities.6
(8) To plan, develop, regulate, operate, and maintain activities and planned7
land uses to foster creation of new jobs, economic development, industry, health8
care, general public and social welfare, commerce, manufacturing, tourism,9
relocation of people and businesses to the area, shipbuilding, aviation, military,10
warehousing, transportation, offices, recreation, housing development, and11
conservation.12
(9) To make decisions and conduct all activities to meet the triple bottom13
line development objectives of equity, economics, and environment.14
(10) To acquire land and improvements to construct, operate, and maintain15
facilities, improvements, and infrastructure, including buildings, roads, bridges,16
drainage, and utilities, and to perform other functions and activities on property17
owned or leased by the authority to accomplish the objectives and purposes of the18
authority. However, the authority is prohibited from constructing, operating, or19
maintaining any water, electric, or gas utility facilities which duplicate, curtail,20
impair, or directly compete with a regulated water, electric, or gas utility facility21
operating in or adjacent to the property owned or leased by the authority.22
(11) To require and issue licenses.23
(12) To levy annually and cause to be collected ad valorem taxes, provided24
that the amount, term, and purpose of such taxes, as set out in propositions submitted25
to a vote in accordance with the Louisiana Election Code, shall be approved by a26
majority of the qualified electors of the city voting in an election held for that27
purpose.28 HLS 10RS-612 ORIGINAL
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(13)(a) To levy and collect sales and use taxes within the boundaries of the1
authority for such purposes and at such rate as provided by the propositions2
authorizing their levy, not to exceed in aggregate one percent, which taxes may not3
exceed the limitation set forth in the Constitution of Louisiana, provided the4
proposition submitted to a vote in accordance with the Louisiana Election Code shall5
be approved by a majority of the qualified electors of the city voting in an election6
held for that purpose. In submitting a sales tax proposition to a vote, the board may7
enter into a cooperative endeavor agreement with the city governing authority8
providing for the sales tax to be divided into parts between the city and the authority9
for such purposes and in such amounts as may be set forth in the proposition.10
(b) The tax shall be levied upon the sale at retail, the use, the lease or rental,11
the consumption, the distribution, and storage for use or consumption of tangible12
personal property, and upon the sales of services within the city, all as defined in13
R.S. 47:301 et seq.14
(c) Except where inapplicable, the procedure established by R.S. 47:301 et15
seq. shall be followed in the imposition, collection, and enforcement of the tax, and16
procedural details necessary to supplement those Sections and to make them17
applicable to the tax herein authorized shall be fixed in the resolution imposing the18
tax.19
(d) The tax shall be imposed and collected uniformly throughout the city.20
(e) Any tax levied under this Paragraph shall be in addition to all other taxes21
which the city or any other political subdivision within the city is now or hereafter22
authorized to levy and collect.23
(14) To develop, activate, construct, exchange, acquire, improve, repair,24
operate, maintain, lease, mortgage, sell, and grant a security device affecting the25
movable and immovable property, servitudes, facilities, and works within the city26
under such terms and conditions as the board may deem necessary or appropriate for27
any public purpose, including industrial, residential, subdivision, and commercial28
development.29 HLS 10RS-612 ORIGINAL
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(15) To borrow money and to pledge or grant a security device affecting all1
or part of its revenues, leases, rents, and other advantages as security for such loans.2
(16) To appoint officers, agents, and employees, prescribe their duties, and3
fix their compensation.4
(17) To undertake and carry out redevelopment projects and related5
activities.6
(18) To apply for and accept advances, leases, grants, contributions, and any7
other form of financial assistance from the federal government, the state, parish, or8
other public bodies, or from any sources, public or private, for the purposes of this9
Chapter, and to give such security as may be required and to enter into and carry out10
contracts or agreements in connection therewith, and to include in any contract for11
financial assistance with the federal government such conditions imposed pursuant12
to federal laws as the board may deem reasonable and appropriate and which are not13
inconsistent with the purposes of this Chapter.14
(19) To make or have made all surveys and plans necessary to the carrying15
out of the purposes of this Chapter and to adopt or approve, modify, and amend such16
plans, which plans may include but are not limited to:17
(a) Plans for carrying out a program of voluntary or compulsory repair and18
rehabilitation of buildings and improvements.19
(b) Plans for the enforcement of state and local laws, codes, and regulations20
relating to the use of land and the use and occupancy of buildings and improvements21
and to the compulsory repair, rehabilitation, demolition, or removal of buildings and22
improvements.23
(c) Appraisals, title searches, surveys, studies, and other plans and work24
necessary to prepare for the undertaking of redevelopment projects and related25
activities.26
(20) To develop, test, and report methods and techniques and carry out27
demonstrations and other activities for the prevention and the elimination of slums28
and urban blight, including developing and demonstrating new or improved means29 HLS 10RS-612 ORIGINAL
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of providing housing or continuing care, assisted living, or independent living or1
other similar type housing for elderly or retired persons or other persons desiring2
such housing facilities.3
(21) To make and from time to time amend and repeal bylaws, orders, rules,4
and regulations in order to effectuate the provisions of this Chapter.5
(22) To exercise all or any part or combination of powers herein granted by6
this Chapter.7
(23) The authority shall not be deemed to be an instrumentality of the state8
for purposes of Article X, Section 1(A) of the Constitution of Louisiana.9
I.(1) The authority may incur debt and issue general obligation bonds under10
the authority of and subject to the provisions of Article VI, Section 33 of the11
Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of12
Title 39 of the Louisiana Revised Statutes of 1950, for the acquisition and operation13
of authority property or to carry out the other public purposes of this Chapter, and14
to issue any other bonds permitted by law, borrow money, and issue certificates of15
indebtedness, notes, and other debt obligations as evidence thereof and provide for16
the manner and method of repayment in accordance with law.17
(2) The authority may issue revenue bonds to finance the undertaking of a18
redevelopment project under this Chapter, or otherwise to acquire, purchase, lease,19
construct, or improve housing, residential development, subdivision development,20
commercial, research, industrial, or other plant sites and buildings, or other capital21
improvements authorized in this Chapter, including energy and pollution abatement22
and control facilities and necessary property and appurtenances thereto; and may sell,23
lease, sublease, or otherwise dispose of by suitable and appropriate contract to any24
enterprise locating or existing within the jurisdiction of the authority such sites,25
buildings, or facilities and appurtenances thereto, all or severally. The funds derived26
from the sale of such bonds may be disbursed in whole or in part upon delivery of27
the bonds as shall be provided in the contract between the authority and the28 HLS 10RS-612 ORIGINAL
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residential, commercial, research, industrial, or other enterprise to be aided,1
encouraged, or benefitted subject to the requirements of this Chapter.2
(3) The issuing authority may enter into, amend, or terminate, as it3
determines to be necessary or appropriate, any ancillary contracts to do either of the4
following:5
(a) Facilitate the issuance, sale, resale, purchase, repurchase, or payments of6
bonds, including without limitation bond insurance, letters of credit, and liquidity7
facilities.8
(b) Attempt to hedge risk or achieve a desirable effective interest rate or cash9
flow, all subject to the approval of the State Bond Commission.10
(4) Bonds issued under Paragraph (2) of this Subsection shall be authorized11
by resolution of the board and shall be limited obligations of the issuing authority;12
the principal and interest, costs of issuance, and other costs incidental thereto shall13
be payable solely from the income and revenue derived from the sale, lease, or other14
disposition of the project or facility to be financed by the bonds issued under this15
Subsection, or from the income and revenue derived from the sale, lease, or other16
disposition of any existing project or facility acquired, constructed, and improved17
under the provision of this Subsection, or from any source available for such18
purpose. However, in the discretion of the issuing authority, the bonds may be19
additionally secured by mortgage or other security device covering all or part of the20
project from which the revenues so pledged may be derived. Any refunding bonds21
issued pursuant to this Subsection shall be payable from any source described above22
or from the investment of any of the proceeds of the refunding bonds authorized23
under this Subsection and shall not constitute an indebtedness or pledge of the24
general credit of the city, as appropriate, or the authority within the meaning of any25
constitutional or statutory limitation of indebtedness and shall contain a recital to that26
effect. Bonds of the authority issued under this Subsection shall be issued in such27
form, shall be in such denominations, shall bear interest, shall mature in such28
manner, and be executed by one or more members of the board as provided in the29 HLS 10RS-612 ORIGINAL
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resolution authorizing the issuance thereof. Such bonds may be subject to1
redemption at the option of and in the manner determined by the board in the2
resolution authorizing the issuance thereof.3
(5) No bonds or other evidences of indebtedness may be issued under this4
Subsection without the prior approval of the State Bond Commission of the terms5
and provisions thereof.6
(6) Bonds issued under this Subsection shall be issued, sold, and delivered7
in accordance with the terms and provisions of a resolution adopted by the board.8
The board may sell such bonds in such manner, either at public or at private sale, and9
for such price as it may determine to be in the best interests of the authority, subject10
to the approval of the State Bond Commission. The resolution issuing bonds shall11
be published in a newspaper of general circulation within the jurisdiction of the12
authority, and for a period of thirty days after said publication, any interested citizen13
may bring an action to contest the bonds and the security therefor, as provided in the14
Constitution of Louisiana. If, after the expiration of thirty days, no suit has been15
filed, the issuance, sale, and security of the bonds shall be incontestable, and no court16
shall have authority to entertain any action questioning or contesting such matters.17
(7) Bonds issued by the authority under this Chapter are deemed to be18
securities of public entities within the meaning of Chapters 13 and 13-A of Title 3919
of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in20
accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised21
Statutes of 1950, shall be subject to the refunding provisions of Chapter 14-A of22
Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as short-23
term revenue notes of a public entity under Chapter 15-A of Title 39 of the Louisiana24
Revised Statutes of 1950.25
(8) No bonds, other debt obligations, or contracts of the authority shall be a26
charge upon the income, property, or revenue of the city, nor shall any obligations27
of the authority be the obligations of the city.28 HLS 10RS-612 ORIGINAL
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(9) Any bonds issued by the authority shall be subject to the Bond Validation1
Law (R.S. 13:5121), pursuant to which the issuance of the bonds may be submitted2
to the courts for validation.3
J.(1) The exercise by the board of the powers conferred by virtue of this4
Chapter shall be deemed and held to be an essential governmental function of the5
state and parish. As the exercise of the powers granted by this Chapter will be in all6
respects for the benefit of the people of the state and city, for the increase of their7
commerce and prosperity, and for the improvement of their health and living8
conditions, the authority shall not be required to pay any taxes, including but not9
limited to sales and use taxes, ad valorem, occupational licensing, income, or any10
other taxes of any kind or nature, or fees or assessments upon any property held,11
acquired, or used by the authority under the provisions of this Chapter, or upon the12
income therefrom. Any bonds, certificates, or other evidences of indebtedness issued13
by the authority and the income therefrom shall be exempt from taxation by the state14
and by any parish, municipality, or other political subdivision of the state. The15
authority shall not be deemed to be a public utility and shall not be subject in any16
respect to the authority, control, regulation, or supervision of the Louisiana Public17
Service Commission.18
(2) All property of the authority, including funds owned or held by it for the19
purpose of this Chapter, shall be exempt from levy and sale by virtue of an20
execution, and no execution or other judicial process shall issue against the same, nor21
shall judgment against the city or authority be a charge or lien upon such property;22
however, the provisions of this Subsection shall not apply to or limit the right of23
obligees to pursue any remedies for the enforcement of any pledge or lien given24
pursuant to this Chapter by the authority on its rents, fees, grants, or revenues.25
K.(1) The authority may purchase adjudicated properties within its territorial26
jurisdiction from any political subdivision of the state of Louisiana. No such27
purchase shall be construed to or otherwise have the effect of extending or28 HLS 10RS-612 ORIGINAL
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suspending the period prescribed by law for the redemption of the property by the1
tax debtor or any other person.2
(2) In addition to the authority set forth in Subpart B of Part IV of Chapter3
5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases4
by the authority may be by a direct negotiated purchase and sale agreement between5
the authority and a political subdivision without any other requirement of a public6
sale prior to the transfer of such properties to the authority. Such purchases by the7
authority shall not be considered the sale of surplus property or of property owned8
by the political subdivision.9
(3) Effective upon the recordation of the transfer of an adjudicated property10
to the authority pursuant to a purchase and sale agreement, the rights of the authority11
in and to such property shall be the rights of a purchaser at a tax sale as contemplated12
by Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950,13
subject only to the rights of redemption of the property set forth in Article VII,14
Section 25(B) of the Constitution of Louisiana, and the property shall no longer be15
deemed to be adjudicated property as of such recordation. For purposes of the right16
of redemption in Article VII, Section 25(B) of the Constitution of Louisiana, the17
three-year period commences on the date of the recordation of the initial adjudication18
to the political subdivision and not on the date of transfer to the authority.19
(4) Any such purchase and sale agreement shall set forth the total20
consideration to be paid by the authority and the method and timing of payment of21
such consideration by the authority.22
(5) The state and any political subdivision with liens on the property may,23
pursuant to intergovernmental agreements with the authority, cancel such liens24
contemporaneously with or subject to the transfer of the property to the authority.25
(6)(a) The authority shall have the right, subject to the provisions of this26
Section, to purchase properties at tax sales conducted in accordance with R.S.27
47:2155 and 2156, and any and all such purchases shall be a purchase pursuant to28
R.S. 47:2155 and 2156 and not an adjudication to a political subdivision.29 HLS 10RS-612 ORIGINAL
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(b) A bid by the authority at a tax sale for the minimum amount shall take1
priority over all other bids for the same quantity of property, except for a higher bid2
submitted by a conventional mortgage holder holding a mortgage on the subject3
property.4
L.(1) The authority shall have the power to create and execute5
redevelopment or development plans for specified areas within its territorial6
jurisdiction. The implementation of all such plans shall not proceed until, to the7
extent required by law, the authority has obtained the approval of the local planning8
commission or zoning board. In the execution of such a redevelopment plan, the9
authority shall have the powers provided in this Subsection. The fact that a certain10
power is expressed or implied in this Paragraph as pertinent to the authority's11
execution of a redevelopment plan shall not suggest or imply that such power is12
otherwise denied to the authority.13
(2) A redevelopment plan shall include a definition of the redevelopment14
area. This area, or any part thereof, may be further designated as a subdistrict of the15
authority.16
(3) The authority may sell, lease, exchange, or otherwise transfer immovable17
property or any interest therein acquired by it for residential, recreational,18
commercial, industrial, or other uses or for public use, subject to such covenants,19
conditions, and restrictions, including covenants running with the land, as it may20
deem to be necessary or desirable to assist in carrying out the purposes of this21
Chapter. The purchasers or lessees and their successors and assigns shall be22
obligated to devote such immovable property only to the uses as the authority may23
determine to be in the public interest, including the obligation to begin within a24
reasonable time any improvements on such immovable property. Such immovable25
property or interest shall be sold, leased, exchanged, or otherwise transferred at not26
less than its fair market value for uses in accordance with the redevelopment or27
development plan. In determining the fair market value of immovable property for28
uses in accordance with the redevelopment or development plans, the authority shall29 HLS 10RS-612 ORIGINAL
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take into account and give consideration to the use provided in such plan; the1
restrictions upon and the covenants, conditions, and obligations assumed by the2
purchaser or lessee; and the objectives of such plan. The authority, in any instrument3
of conveyance to a private purchaser or lessee, may provide that such purchaser or4
lessee shall be without power to sell, lease, exchange, or otherwise transfer the5
immovable property without the prior written consent of the authority until such6
purchaser or lessee has completed the construction of any and all improvements7
which he has obligated himself to construct thereon. Immovable property acquired8
in accordance with the provisions of the plan shall be transferred as rapidly as9
feasible in the public interest, consistent with the carrying out of the provisions of10
the project plan. Such plan and any substantial modification of such plan shall be11
filed as a public record in the office of the clerk of the city, and any conveyances,12
encumbrances, or other contracts may incorporate the provisions thereof by reference13
which shall afford notice thereof to all parties.14
(4) The authority may dispose of, sell, exchange, or lease immovable15
property in a redevelopment area to any private person for the fair market value of16
the property as determined by a certified and competent appraiser, or to any private17
person pursuant to reasonable competitive bidding procedures as it shall prescribe18
subject to the provisions set forth in this Paragraph. Such reasonable bidding19
procedures must include public notice, by publication once each week for two20
consecutive weeks in a newspaper having a general circulation in the district,21
inviting proposals from and making available all pertinent information to private22
redevelopers or any persons interested in undertaking to redevelop or rehabilitate a23
redevelopment area or any part thereof. Such notice shall identify the area, or24
portion thereof, and shall state that proposals shall be made in writing by those in25
interest within thirty days after publication of such notice, and that such further26
information as is available may be obtained at such office as shall be designated in27
the notice. The board shall consider all such redevelopment or rehabilitation28
proposals and the financial and legal ability of the persons making such proposals29 HLS 10RS-612 ORIGINAL
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to carry them out, and may negotiate with any persons for proposals for the purchase,1
lease, or other transfer of any immovable property acquired by the authority in the2
redevelopment area. The board may accept such proposal as it deems to be in the3
public interest and in furtherance of the purposes of this Chapter. Such notice, and4
all contracts to sell, lease, exchange, or otherwise transfer immovable property under5
the provisions of this Chapter, shall be a public record and shall include the name of6
the redeveloper or purchaser, together with the names of its officers and principal7
members or shareholders and investors and other interested parties, the redeveloper's8
estimate of the cost of any residential development and rehabilitations, and the9
redeveloper's estimate of rentals and sales prices of any proposed housing involved10
in such redevelopment and rehabilitation. Thereafter, the board may execute such11
contract in accordance with the provisions of this Chapter and deliver acts of sale,12
leases, and other instruments and take all steps necessary to effectuate such contract.13
(5) The authority may temporarily operate, maintain, or lease real property14
acquired by it in a redevelopment area for or in connection with a redevelopment15
project pending disposition of the property as authorized in this Chapter for such16
uses and purposes as may be deemed desirable even though not in connection with17
the redevelopment plan.18
(6) Any real property within a redevelopment area acquired pursuant to19
Subsection K of this Section may be disposed of without regard to the other20
provisions of this Chapter. Real property acquired in accordance with the21
redevelopment plan may be disposed of to a public body for public reuse without22
regard to the provisions of this Subsection.23
(7) Notwithstanding any other provisions of this Chapter where an area in24
the city is designated as a redevelopment area under the Federal Area25
Redevelopment Act (Public Law 87-27), or any Act supplementary thereto, land in26
a redevelopment project area designated under the redevelopment plan for industrial27
or commercial uses may be disposed of to any public body or nonprofit corporation28
for subsequent disposition as promptly as practical by the public body or corporation29 HLS 10RS-612 ORIGINAL
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for redevelopment in accordance with the redevelopment plan, and only the1
purchaser from or lessee of the public body or corporation, and their assignees, shall2
be required to assume the obligation of beginning the building of improvements3
within a reasonable time. Any disposition of land to a public body or corporation4
under this Paragraph shall be at its fair market value for uses in accordance with the5
redevelopment plan.6
M.(1) The authority may, in the implementation of a redevelopment plan,7
create one or more subdistricts to conduct, oversee, or assist in the implementation8
of such redevelopment plan. The boundaries of such a subdistrict may include all9
or part of the redevelopment area. Such a subdistrict shall have and exercise such10
powers and responsibilities as the authority shall specify in the enabling resolution.11
The full extent of such powers and responsibilities may include such powers as the12
authority itself may exercise, and such other powers as are given to the subdistrict13
by this Paragraph or any other law, but any exercise of such powers by the subdistrict14
shall be confined solely to the geographical limits of the subdistrict. Such a15
subdistrict may be established to exist at the pleasure of the authority, or for any16
period of time, or until the happening of any occurrence or occurrences that the17
authority may specify.18
(2) The creation of a subdistrict shall in no instance result in the detachment,19
severance, or loss of any power or responsibility granted to the authority by this20
Chapter, and within the confines of any subdistrict, the authority shall have full21
jurisdiction, concurrent with that of the subdistrict, to exercise said powers and22
responsibilities. The fact that a certain power is expressed or implied in this23
Paragraph as pertinent to a subdistrict's conduct, overseeing, or assistance in the24
implementation of the redevelopment plan shall not suggest or imply that such power25
is otherwise denied to the authority; however, the authority and its subdistricts shall26
not, collectively, have any greater power to tax than that granted, in the first instance,27
to the authority alone.28 HLS 10RS-612 ORIGINAL
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(3) Unless otherwise specified in the resolution or other formal act creating1
the subdistrict, the board members of the authority shall constitute the governing2
authority of the subdistrict.3
(4) Unless otherwise specified in the resolution or other formal act creating4
the subdistrict, the subdistrict shall be a distinct and separate juridical entity, and the5
rights, interests, and liabilities of the subdistrict shall not under any circumstances6
be considered those of the authority.7
(5)(a) In addition to the other powers it may be granted, a subdistrict may8
enjoy, within its geographical boundaries, the powers of tax increment financing, the9
issuance of revenue bonds, and those other powers that may be exercised by an10
economic development district created by a local governmental subdivision pursuant11
to R.S. 33:9038.32; however, the subdistrict shall remain subject to all limitations12
and reservations applicable to the powers of the authority.13
(b) Prior to the dedication of any state sales tax increments to be used for an14
authorized purpose of a subdistrict, the secretary of the Department of Economic15
Development shall submit the proposal to the Joint Legislative Committee on the16
Budget for approval. The submittal shall also include a written evaluation and17
determination by the department, with input from and certification by the18
Department of Revenue, of the anticipated increase in state sales tax revenues to be19
collected within the state over state sales tax revenues that were collected within the20
state in the year immediately prior to the year in which the proposal is submitted to21
the committee that would be a direct result of the proposal. In addition, any22
cooperative endeavor agreement or other agreement providing for the expenditure23
of funds collected by the state as state sales tax increments and dedicated to a project24
or for the payment of revenue bonds therefor shall be subject to approval by the State25
Bond Commission prior to execution by the state.26
N. All banks, trust companies, bankers, savings banks and institutions,27
building and loan associations, savings and loan associations, investment companies,28
and other persons carrying on a banking or investment business; all insurance29 HLS 10RS-612 ORIGINAL
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companies, insurance associations, and other persons carrying on an insurance1
business; and all executors, administrators, curators, trustees, and other fiduciaries2
may legally invest any sinking funds, monies, or other funds belonging to them or3
within their control in any bonds or other obligations issued by the authority pursuant4
to this Chapter. Bonds and other obligations shall be authorized security for all5
public deposits. It is the purpose of this Subsection to authorize any public or private6
persons, political subdivisions, and officers, public or private, to use any funds7
owned or controlled by them for the purchase of any bonds or other obligations.8
Nothing contained in this Subsection with regard to legal investments shall be9
construed as relieving any persons of any duty of exercising reasonable care in10
selecting securities.11
O. For the purpose of aiding in the planning, undertaking, or carrying out of12
a redevelopment or development project and related activities authorized by this13
Chapter, any public body may, upon such terms, with or without consideration as it14
may determine:15
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant16
easements, licenses, or other rights or privileges therein to the authority.17
(2) Incur the entire expense of any public improvements made by such18
public body.19
(3) Do any and all things necessary to aid or cooperate in the planning or20
carrying out of a redevelopment plan and related activities.21
(4) Lend, grant, or contribute funds to the authority in accordance with an22
appropriate cooperative endeavor agreement and borrow money and apply for and23
accept advances, loans, grants, contributions, and any other form of financial24
assistance from the federal government, the state, parish, or other public body, or25
from any other source.26
(5) Enter into agreements which may extend over any period,27
notwithstanding any provision or rule of law to the contrary, with the federal28
government or other public body respecting action to be taken pursuant to any of the29 HLS 10RS-612 ORIGINAL
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powers granted by this Chapter, including the furnishing of funds or other assistance1
in connection with a redevelopment project and related activities.2
(6) Cause public buildings and public facilities, including parks,3
playgrounds, recreational, community, educational, water, sewer, or drainage4
facilities, or any other works which it is otherwise empowered to undertake to be5
furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or6
replan streets, roads, sidewalks, ways, or other places; plan or replan, zone or rezone,7
or make exceptions from building regulations.8
P. Any instrument executed, in proper form and with proper certification of9
authority, by the authority purporting to convey any right, title, or interest in any10
property under this Chapter shall be conclusively presumed to have been executed11
in compliance with provisions of this Chapter insofar as title or other interest of any12
bona fide purchasers, lessees, or transferees of the property is concerned.13
Q. As used in this Chapter, the following terms shall have the meaning14
herein ascribed to them.15
(1) "Bonds" means any bonds, notes, interim certificates, certificates of16
indebtedness, debenture, or other obligation.17
(2) "Federal government" means any department, agency, or instrumentality,18
corporate or otherwise, of the United States of America.19
(3) "Owners of a property interest" means anyone with an interest in20
immovable property filed for record in the conveyance records or mortgage records21
of the clerk of court and ex officio recorder of mortgages for the parish of Iberia22
where the property is located, including a naked owner, a usufructuary, a mortgagee,23
a judgment creditor, or a holder of a personal or predial servitude.24
(4) "Public body" means the state and any parish and any board, authority,25
agency, district, subdivision, department, or instrumentality, corporate or otherwise,26
of the state or any parish.27
(5) "Real property" or "immovable property" means any and all right, title,28
and interest in a tract of land, including its component parts and liens.29 HLS 10RS-612 ORIGINAL
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R. Insofar as the provisions of this Chapter are inconsistent with the1
provisions of any other law, the provisions of this Chapter shall be controlling;2
however, the authority shall be subject to the provisions of the Local Government3
Fair Competition Act, R.S. 45:844.41 et seq. The authority conferred by this Chapter4
shall be in addition and supplemental to the powers conferred by any other law.5
S.(1) In addition to other powers granted to the authority pursuant to this6
Chapter, the authority may initiate an expedited quiet title and foreclosure action7
under this Subsection to quiet title to immovable property held by the authority,8
interests in property purchased by the authority at tax sales, or in formerly9
adjudicated properties acquired by the authority from a political subdivision, by10
recording with the conveyance records of the clerk of court and ex officio recorder11
of mortgages a notice of pending expedited quiet title and foreclosure action. The12
notice shall include a legal description of the property; the street address of the13
property if available; the name, address, and telephone number of the authority; a14
statement that the property is subject to expedited quiet title proceedings and15
foreclosure under this Subsection; and a statement that any legal interests in the16
property may be extinguished by a district court order vesting title to the property in17
the authority. The right of redemption from tax sales in Article VII, Section 25(B)18
of the Constitution of Louisiana shall be terminated by these proceedings only if the19
time period for expiration of the right of redemption has expired. If a notice is20
recorded in error, the authority may correct the error by recording a certificate of21
correction with the register of conveyances. A notice or certificate under this22
Subsection need not be notarized and may be authenticated by a digital signature or23
other electronic means. If the authority has reason to believe that a property subject24
to an expedited quiet title and foreclosure action under this Subsection may be the25
site of environmental contamination, the authority shall provide the Department of26
Environmental Quality with any information in the possession of the authority that27
suggests the property may be the site of environmental contamination.28 HLS 10RS-612 ORIGINAL
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(2) After recording the notice under Paragraph (1) of this Subsection, the1
authority shall initiate a search of records identified in this Paragraph to identify the2
owners of a property interest in the property who are entitled to notice of the quiet3
title and foreclosure hearing under this Subsection. The authority may enter into a4
contract with or may request from one or more authorized representatives a title5
search or other title product to identify the owners of a property interest in the6
property as required under this Paragraph or to perform the other functions set forth7
in this Subsection required for the quieting of title to property. The owner of a8
property interest is entitled to notice under this Subsection if that owner's interest9
was identifiable by reference to any of the following sources before the date that the10
authority records the notice under Paragraph (1) of this Subsection:11
(a) Land title records in the office of the recorder of mortgages and the12
register of conveyances.13
(b) Tax records in the office of the assessor.14
(3) The authority may file a single petition with the district court to expedite15
foreclosure under this Subsection listing all property subject to expedited foreclosure16
by the authority and for which the authority seeks to quiet title. If available to the17
authority, the list of properties shall include a legal description of, a tax parcel18
identification number for, and the street address of each parcel of property. The19
petition shall seek a judgment in favor of the authority against each property listed20
and shall include a date, within ninety days of filing, on which the authority requests21
a hearing on the petition. The petition shall request that a judgment be entered22
vesting absolute title in the authority, without right of redemption for each parcel of23
property listed, as provided in this Paragraph. Prior to the entry of judgment under24
this Paragraph, the authority may request the court to remove property erroneously25
included in the petition or any tax delinquent properties redeemed prior to the26
hearing.27
(4) The district court in which a petition is filed under Paragraph (3) of this28
Subsection shall immediately set the date, time, and place for a hearing on the29 HLS 10RS-612 ORIGINAL
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petition for foreclosure. The date shall be set by the court and shall not be more than1
ten days after the date requested by the authority in the petition. In no event may the2
court schedule the hearing later than ninety days after the filing of a petition by the3
authority under Paragraph (3) of this Subsection.4
(5) After completing the records search under Paragraph (2) of this5
Subsection, the authority shall determine the address or addresses reasonably6
calculated to inform those owners of a property interest in property subject to7
expedited foreclosure under this Subsection of the pendency of the quiet title and8
foreclosure hearing under Paragraph (11) of this Subsection. If, after conducting the9
title search, the authority is unable to determine an address reasonably calculated to10
inform persons with a property interest in property subject to expedited tax11
foreclosure, or if the authority discovers a deficiency in notice under this Subsection,12
the following shall be considered reasonable steps by the authority to ascertain the13
addresses of persons with a property interest in the property subject to expedited14
foreclosure or to ascertain an address necessary to correct a deficiency in notice15
under this Subsection:16
(a) For an individual, a search of records of the recorder of mortgages and17
the register of conveyances.18
(b) For a business entity, a search of business entity records filed with the19
commercial division of the Department of State.20
(c) For a state or federal chartered depositary financial institution, a search21
of entity records filed with the Louisiana Office of Financial Institutions or with the22
Federal Deposit Insurance Corporation (FDIC).23
(6) Not less than thirty days before the quiet title and foreclosure hearing24
under Paragraph (11) of this Subsection, the authority shall send notice by certified25
mail, return receipt requested, of the hearing to the persons identified under26
Paragraph (2) of this Subsection who have a property interest in property subject to27
expedited foreclosure. The authority shall also send a notice via regular mail28 HLS 10RS-612 ORIGINAL
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addressed to the "Occupant" for each property subject to expedited foreclosure if an1
address for the property is ascertainable.2
(7) Not less than thirty days before the quiet title and foreclosure hearing3
under Paragraph (11) of this Subsection, the authority or its authorized representative4
or authorized agent shall visit each parcel of property subject to expedited5
foreclosure and post on the property conspicuous notice of the hearing. In addition6
to the requirements of Paragraph (8) of this Subsection, the notice shall also include7
the following statement: "This Property has been transferred to the Jeanerette8
Redevelopment Authority and is subject to an expedited quiet title and foreclosure9
action. Persons with information regarding the prior owner of the property are10
requested to contact the Jeanerette Redevelopment Authority".11
(8) The notices required under Paragraphs (6) and (7) of this Subsection shall12
include:13
(a) The date on which the authority recorded, under Paragraph (1) of this14
Subsection, notice of the pending expedited quiet title and foreclosure action.15
(b) A statement that a person with a property interest in the property may16
lose his interest as a result of the quiet title and foreclosure hearing under Paragraph17
(11) of this Subsection.18
(c) A legal description, parcel number of the property, and the street address19
of the property, if available.20
(d) The person to whom the notice is addressed.21
(e) The date and time of the hearing on the petition for foreclosure under22
Paragraph (1) of this Subsection, and a statement that the judgment of the court may23
result in title to the property vesting in the authority.24
(f) An explanation of any rights of redemption and notice that the judgment25
of the court may extinguish any ownership interest in or right to redeem the property.26
(g) The name, address, and telephone number of the authority.27
(h) A statement that persons with information regarding the owner or prior28
owner of any of the properties are requested to contact the authority.29 HLS 10RS-612 ORIGINAL
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(9) If the authority is unable to ascertain the address reasonably calculated1
to inform the owners of a property interest entitled to notice under this Section, or2
is unable to provide notice under Paragraphs (6) and (7) of this Subsection, the3
authority shall provide notice by publication. Prior to the hearing, a notice shall be4
published for three successive weeks, once each week, in a newspaper published and5
circulated in the city. The published notice shall include all of the following:6
(a) A legal description, parcel number of the property, and the street address7
of the property, if available.8
(b) The name of any person not notified under Paragraphs (6) and (7) of this9
Subsection that the authority reasonably believes may be entitled to notice under this10
Section of the quiet title and foreclosure hearing under Paragraph (11) of this11
Subsection.12
(c) A statement that a person with a property interest in the property may13
lose his interest as a result of the foreclosure proceeding under Paragraph (11) of this14
Subsection.15
(d) The date and time of the hearing on the petition for foreclosure under16
Paragraph (11) of this Subsection.17
(e) A statement that the judgment of the court may result in title to the18
property vesting in the authority.19
(f) An explanation of any rights of redemption and notice that judgment of20
the court may extinguish any ownership interest in or right to redeem the property.21
(g) The name, address, and telephone number of the authority.22
(h) A statement that persons with information regarding the owner or prior23
owner of any of the properties are requested to contact the authority.24
(10) If prior to the quiet title and foreclosure hearing under Paragraph (11)25
of this Subsection, the authority discovers any deficiency in the provision of notice26
under this Subsection, the authority shall take reasonable steps in good faith to27
correct the deficiency before the hearing. The provisions of this Subsection relating28
to notice of the quiet title and foreclosure hearing are exclusive and exhaustive.29 HLS 10RS-612 ORIGINAL
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Other requirements relating to notice and proof of service under other law, rule, or1
other legal requirement are not applicable to notice or proof of service under this2
Subsection.3
(11) If a petition for expedited quiet title and foreclosure is filed under4
Paragraph (3) of this Subsection, before the hearing, the authority shall file with the5
clerk of the district court proof of notice by certified mail under Paragraph (6) of this6
Subsection, proof of notice by posting on the property under Paragraph (7) of this7
Subsection, and proof of notice by publication, if applicable. A person claiming an8
interest in a parcel of property set forth in the petition for foreclosure, including a9
current holder of a conventional mortgage, who desires to contest that petition shall10
file written objections with the clerk of the district court and serve those objections11
on the authority before the date of the hearing. The district court may appoint and12
utilize as the court considers necessary a curator for assistance with the resolution13
of any objections to the foreclosure or questions regarding the title to property14
subject to foreclosure. If the court withholds property from foreclosure, the15
authority's ability to include the property in a subsequent petition for expedited quiet16
title and foreclosure is not prejudiced. No injunction shall issue to stay an expedited17
quiet title and foreclosure action under this Subsection. The district court shall enter18
judgment on a petition to quiet title and foreclosure filed under Paragraph (3) of this19
Subsection not more than ten days after the conclusion of the hearing or contested20
case, and the judgment shall become effective ten days after the conclusion of the21
hearing or contested case. The district court's judgment shall specify all of the22
following:23
(a) The legal description and, if known, the street address of the property24
foreclosed.25
(b) That title to property foreclosed by the judgment is vested absolutely in26
the authority, except as otherwise provided in this Subsection, without any further27
rights of redemption.28 HLS 10RS-612 ORIGINAL
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(c) That all liens against the property, including any lien for unpaid taxes or1
special assessments, are extinguished.2
(d) That, except as otherwise provided in Subparagraph (e) of this Paragraph,3
the authority has good and marketable title to the property.4
(e) That all existing recorded and unrecorded interests in that property are5
extinguished, except a visible or recorded easement or right-of-way or private deed6
restrictions.7
(f) A finding that all persons entitled to notice and an opportunity to be heard8
have been provided that notice and opportunity. A person shall be deemed to have9
been provided notice and an opportunity to be heard if the authority followed the10
procedures for provision of notice by mail, by visits to property subject to expedited11
quiet title and foreclosure, and by publication under this Subsection, or if one or12
more of the following apply:13
(i) The person had constructive notice of the hearing by acquiring an interest14
in the property after the date of the recording, under Paragraph (1) of this Subsection,15
of the notice of pending expedited quiet title and foreclosure action.16
(ii) The person appeared at the hearing or submitted written objections to the17
district court under this Subsection prior to the hearing.18
(iii) Prior to the hearing under this Paragraph, the person had actual notice19
of the hearing.20
(12) Except as otherwise provided in Subparagraph (11)(e) of this21
Subsection, title to property set forth in a petition for foreclosure filed under22
Paragraph (3) of this Subsection shall vest absolutely in the authority upon the23
effective date of the judgment by the district court, and the authority shall have24
absolute title to the property. The authority's title shall not be subject to any25
recorded or unrecorded lien, except as provided in Paragraph (11) of this Subsection,26
and shall not be stayed or held invalid, except as provided in Paragraph (13) of this27
Subsection. A judgment entered under this Subsection is a final order with respect28
to the property affected by the judgment and shall not be modified, stayed, or held29 HLS 10RS-612 ORIGINAL
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invalid after the effective date of the judgment, except as provided in Paragraph (13)1
of this Subsection.2
(13) The authority or a person claiming to have a property interest under3
Paragraph (2) of this Subsection in property foreclosed under this Subsection may,4
within twenty-one days of the effective date of the judgment under Paragraph (11)5
of this Subsection, appeal the district court's order or the district court's judgment6
foreclosing property to the court of appeals. The appeal of the judgment shall be7
entitled to preference and priority and shall be handled on an expedited basis by the8
court of appeal and, if applicable, the Louisiana Supreme Court. In such cases, the9
record shall be prepared and filed within fifteen days of the granting of the order of10
appeal. The court of appeal shall hear the case within thirty days after the filing of11
the appellee's brief. An appeal under this Paragraph is limited to the record of the12
proceedings in the district court under this Subsection. The district court's judgment13
foreclosing property shall be stayed until the court of appeals has reversed, modified,14
or affirmed that judgment. If an appeal under this Paragraph stays the district court's15
judgment foreclosing property, the district court's judgment is stayed only as to the16
property that is the subject of that appeal, and the district court's judgment17
foreclosing other property that is not the subject of that appeal is not stayed. To18
appeal the district court's judgment foreclosing property, a person appealing the19
judgment shall pay to the authority any taxes, interest, penalties, and fees due on the20
property and provide notice of the appeal to the authority within twenty-one days21
after the district court's judgment becomes effective. If the district court's judgment22
foreclosing the property is affirmed on appeal, the amount determined to be due shall23
be refunded to the person who appealed the judgment. If the district court's24
judgment foreclosing the property is reversed or modified on appeal, the authority25
shall refund the amount determined to be due to the person who appealed the26
judgment, if any, and forward the balance to the appropriate taxing jurisdictions in27
accordance with the order of the court of appeals.28 HLS 10RS-612 ORIGINAL
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(14) The authority shall record a notice of judgment for each parcel of1
foreclosed property in the office of the register of conveyances. If the authority2
records a notice of judgment in error, the authority shall subsequently record a3
certificate of correction. A notice or certificate under this Paragraph need not be4
notarized and may be authenticated by a digital signature or other electronic means.5
After the entry of a judgment foreclosing the property under this Subsection, if the6
property has not been transferred by the authority, the authority shall cancel the7
foreclosure by recording with the register of conveyances a certificate of error, if the8
authority discovers any of the following:9
(a) The description of the property used in the expedited quiet title and10
foreclosure proceeding was so indefinite or erroneous that the foreclosure of the11
property was void.12
(b) An owner of an interest in the property entitled to notice of the expedited13
quiet title and proceedings against the property under this Subsection was not14
provided notice sufficient to satisfy the minimum due process requirements of the15
Constitution of Louisiana and the Constitution of the United States.16
(c) A judgment of foreclosure was entered under this Subsection in violation17
of a stay in a bankruptcy proceeding.18
(15) If a judgment of foreclosure is entered under Paragraph (11) of this19
Subsection, and all existing recorded and unrecorded interests in a parcel of property20
are extinguished as provided in Paragraph (11) of this Subsection, the owner of any21
extinguished recorded or unrecorded interest in that property who claims that he did22
not receive notice of the expedited quiet title and foreclosure action shall not bring23
an action for possession of the property against any subsequent owner but may bring24
an action only to recover monetary damages from the authority as provided in this25
Paragraph. The district court has original and exclusive jurisdiction in any action to26
recover monetary damages under this Paragraph. An action to recover monetary27
damages under this Paragraph shall not be brought more than two years after a28
judgment for foreclosure is entered under Paragraph (11) of this Subsection. Any29 HLS 10RS-612 ORIGINAL
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monetary damages recoverable under this Paragraph shall be determined as of the1
date a judgment for foreclosure is entered under Paragraph (11) of this Subsection2
and shall not exceed the fair market value of the interest in the property held by the3
person bringing the action under this Subsection on that date, less any taxes, interest,4
penalties, and fees owed on the property as of that date. The right to sue for5
monetary damages under this Paragraph shall not be transferable except by testate6
or intestate succession.7
(16) The owner of a property interest with notice of the quiet title and8
foreclosure hearing under Paragraph (11) of this Subsection may not assert any of9
the following:10
(a) That notice to the owner was insufficient or inadequate in any way11
because some other owner of a property interest in the property was not notified.12
(b) That any right to redeem tax reverted property was extended in any way13
because some other person was not notified.14
(17) A person holding or formerly holding an interest in tax reverted15
property subject to expedited foreclosure under this Subsection is barred from16
questioning the validity of the expedited foreclosure under this Subsection.17
(18) The failure of the authority to comply with any provision of this18
Subsection shall not invalidate any proceeding under this Subsection if a person with19
a property interest in property subject to foreclosure was accorded the minimum due20
process required under the Constitution of Louisiana and the Constitution of the21
United States.22
(19) It is the intent of the legislature that the provisions of this Subsection23
relating to the expedited quiet title and foreclosure of property by the authority24
satisfy the minimum requirements of due process required under the Constitution of25
Louisiana and the Constitution of the United States but that the provisions do not26
create new rights beyond those required under the Constitution of Louisiana or the27
Constitution of the United States. The failure of the authority to follow a28
requirement of this Section relating to the expedited quiet title and foreclosure of29 HLS 10RS-612 ORIGINAL
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property held by the authority shall not be construed to create a claim or cause of1
action against the authority unless the minimum requirements of due process2
accorded under the Constitution of Louisiana or the Constitution of the United States3
are violated.4
(20) As used in this Subsection, "authorized representative" includes one or5
more of the following:6
(a) A title insurance company or agent licensed to conduct business in this7
state.8
(b) An attorney licensed to practice law in this state.9
(c) A person accredited in land title search procedures by a nationally10
recognized organization in the field of land title searching.11
(d) A person with demonstrated experience in the field of searching land title12
records, as determined by the authority.13
(21) As used in this Subsection, "district court" shall mean the Sixteenth14
Judicial District Court.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Champagne HB No. 1057
Abstract: Creates the Jeanerette Redevelopment Authority to provide for the utilization of
appropriate private and public resources to eliminate and prevent the development
or spread of slum, blighted, and distressed areas. Defines the duties, liabilities,
authority, and functions of such redevelopment authority, including the power to
levy ad valorem taxes and sales and use taxes.
Proposed law creates and provides for the Jeanerette Redevelopment Authority to provide
for the utilization of appropriate private and public resources to eliminate and prevent the
development or spread of slum, blighted, and distressed areas. Provides that the authority
is a special district and political subdivision of the state. Provides that the authority shall be
comprised of the territory in the city of Jeanerette. Provides that the authority shall be
activated and implemented by the city governing authority recognizing and confirming the
appointment of the initial five members of the board.
Proposed law provides that the Jeanerette Redevelopment Authority shall be governed by
a five-member board of commissioners, referred to as the "board" in proposed law,
appointed as follows:
(1)Two members appointed by the city council. HLS 10RS-612 ORIGINAL
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(2)One member representing the Jeanerette Chamber of Commerce appointed by the
governing board of such organization.
(3)One member appointed by the governing board of Southern Mutual Help
Association, Inc.
(4)One member appointed by the governing board of the Iberia Economic Development
Authority.
Proposed law requires that all appointments be confirmed by the governing authority of the
city of Jeanerette. Requires the appointing authority to present its initial appointees to the
appropriate governing authority no later than Dec. 31, 2010. Provides that the governing
authority shall have the right to confirm or reject the appointment. Provides that such
confirmation or rejection shall be made in the manner and under the procedure prescribed
by the governing authority. Provides that if the governing authority does not reject the
appointment within 60 days after the presentation, then the appointment shall be deemed
confirmed.
Proposed law requires that each board member be a citizen of the U.S., a domiciliary of and
a qualified voter in the city of Jeanerette for at least one year preceding the date of
appointment, and shall remain a domiciliary of and a qualified voter of such jurisdiction
during the entirety of the term of office. Additionally requires that each board member be
of good character and possess some skill, knowledge, or experience that will prove useful
in the accomplishment of the goals of the authority.
Proposed law provides that each board member shall serve at the pleasure of the appropriate
appointing authority for a term of four years, unless and until removed for cause by the
board or removed for any reason by authorized action of the appointing authority. Provides
that initial terms of the board members shall be provided in the bylaws of the authority.
Proposed law requires members of the board to serve without compensation, but authorizes
the board to reimburse any member for expenses actually incurred in the performance of
duties on behalf of the authority.
Proposed law provides that all actions of the board shall be approved by the affirmative vote
of a majority of the members present and voting. Provides however, that no action of the
board shall be authorized on the following matters unless approved by a majority of the total
board membership:
(1)Adoption of bylaws and other rules and regulations for conduct of the authority's
business.
(2)Hiring or firing of any employee or contractor of the authority. Provides that this
function may by majority vote be delegated by the board to a specified officer or
committee of the authority, under such terms and conditions, and to the extent, that
the board may specify.
(3)The incurring of debt.
(4)Levy of taxes and call for any tax or other election.
(5)Adoption or amendment of the annual budget.
(6)Sale, lease, encumbrance, or alienation of real property, improvements, or personal
property with an assessed value of more than $20,000. HLS 10RS-612 ORIGINAL
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Proposed law provides that the authority, through the board, shall have all powers necessary
or convenient to carry out its objectives and purposes, including but not limited to the
following:
(1)To sue and be sued and as such to stand in judgment.
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire, hold, and use any property. Provides that the authority shall not have
any power to expropriate, except that power which is granted by the appropriate
governing authority.
(4)To convey to the U.S., the state, or to any political subdivision of the state any
property or other thing of value for use by the governmental entity to accomplish the
objectives and purposes of the authority, pursuant to the terms of any appropriate
cooperative endeavor agreement.
(5)To make and collect reasonable charges for the use of property of the authority and
for services rendered by the authority and to regulate fees or rentals charged for use
of privately owned facilities located on property owned or sold by the authority when
such facilities are offered for use by the public or by a private industrial, commercial,
research, or other economic development entity or activity.
(6)To require and issue licenses.
(7)To levy annually an ad valorem tax and sales and use tax subject to voter approval.
(8)To borrow money and to pledge or grant a security device affecting all or part of its
revenues, leases, rents, and other advantages as security for such loans.
(9)To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
Proposed law provides that the authority shall not be deemed to be an instrumentality of the
state for purposes of the state civil service provisions of the state constitution.
Proposed law authorizes the authority to incur debt and issue general obligation bonds under
the authority of and subject to the provisions of state law for the acquisition and operation
of authority property. Additionally authorizes the authority to issue any other bonds
permitted by law, borrow money, and issue certificates of indebtedness, notes, and other debt
obligations as evidence thereof and provide for the manner and method of repayment in
accordance with law.
Proposed law authorizes the authority to issue revenue bonds to finance the undertaking of
a redevelopment project, or otherwise to acquire, purchase, lease, construct, or improve
housing, residential development, subdivision development, commercial, research,
industrial, or other plant sites and buildings, or other capital improvements. Authorizes the
authority to enter into, amend, or terminate, as it determines to be necessary or appropriate,
any ancillary contracts for certain purposes.
Proposed law provides that the authority shall not be required to pay any taxes. Provides
that any bonds, certificates, or other evidences of indebtedness issued by the authority and
the income therefrom shall be exempt from taxation by the state and by any parish,
municipality, or other political subdivision of the state.
Proposed law authorizes the authority to purchase adjudicated properties within its
jurisdiction from any political subdivision of the state. Provides that no such purchase shall HLS 10RS-612 ORIGINAL
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be construed to, or otherwise have the effect of, extending or suspending the period
prescribed by law for the redemption of the property by the tax debtor or any other person.
Proposed law provides that the authority shall have the power to create and execute
redevelopment or development plans for specified areas within its jurisdiction. Provides that
the implementation of all such plans shall not proceed until, to the extent required by law,
the authority has obtained the approval of the local planning commission or zoning board.
Provides that a redevelopment plan shall include a definition of the redevelopment area.
Provides that the area, or any part thereof, may be further designated as a subdistrict of the
authority.
Proposed law authorizes the authority to sell, lease, or otherwise transfer immovable
property or any interest therein acquired by it in redevelopment areas for residential,
recreational, commercial, industrial, or other uses or for public use, in accordance with the
redevelopment plan, subject to such covenants, conditions, and restrictions, including
covenants running with the land, as it may deem to be necessary or desirable to assist in
preventing the development or spread of future slums or blighted areas or to provide for the
elimination thereof or to otherwise carry out the purposes of proposed law.
Proposed law authorizes the authority to dispose of, sell, or lease immovable property in a
redevelopment area to any private person for the fair market value of the property as
determined by a certified and competent appraiser, or to any private person pursuant to
reasonable competitive bidding procedures as it shall prescribe subject to the provisions of
proposed law. Requires public notice of such bidding procedures.
Proposed law authorizes the authority to temporarily operate, maintain, or lease real property
acquired by it in a redevelopment area for or in connection with a redevelopment project
pending disposition of the property for such uses and purposes as may be deemed desirable
even though not in connection with the redevelopment plan.
Proposed law provides that any real property within a redevelopment area may be disposed
of without regard to the provisions of proposed law. Provides that real property acquired in
accordance with a redevelopment plan may be disposed of to a public body for public reuse
without regard to the provisions of proposed law.
Proposed law provides that where an area in the city is designated as a redevelopment area
under the Federal Area Redevelopment Act (Public Law 87-27), or any act supplementary
thereto, land in a redevelopment project area designated under the redevelopment plan for
industrial or commercial uses may be disposed of to any public body or nonprofit
corporation for subsequent disposition as promptly as practical by the public body or
corporation for redevelopment in accordance with the redevelopment plan.
Proposed law authorizes the authority to, in the implementation of a redevelopment plan,
create a subdistrict(s) to conduct, oversee, or assist in the implementation of such
redevelopment plan. Provides that the boundaries of such a subdistrict may include all or
part of the redevelopment area and provides that such a subdistrict shall have and exercise
such powers and responsibilities as the authority shall specify in the enabling resolution.
Provides that unless otherwise specified in the resolution or other formal act creating the
subdistrict, the board members of the authority shall constitute the governing authority of
the subdistrict.
Proposed law provides that the creation of a subdistrict shall in no instance result in the
detachment, severance, or loss of any power or responsibility granted to the authority by and
within the confines of any subdistrict the authority shall have full jurisdiction, concurrent
with that of the subdistrict, to exercise said powers and responsibilities. Further provides
the restriction that the authority and any subdistricts it creates shall not collectively have any
greater power to tax than that granted to the authority alone in present law. Provides that the
board members of the authority shall be the governing authority of the subdistrict. HLS 10RS-612 ORIGINAL
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Proposed law provides that in addition to the other powers it may be granted, a subdistrict
may enjoy, within its geographical boundaries, the powers of tax increment financing, the
issuance of revenue bonds, and those other powers that may be exercised by an economic
development district created by a local governmental subdivision pursuant to present law
(R.S. 33:9038.2).
Proposed law provides that all banks, trust companies, bankers, savings banks and
institutions, building and loan associations, savings and loan associations, investment
companies, and other persons carrying on a banking or investment business; all insurance
companies, insurance associations, and other persons carrying on an insurance business; and
all executors, administrators, curators, trustees, and other fiduciaries may legally invest any
sinking funds, monies, or other funds belonging to them or within their control in any bonds
or other obligations issued by the authority.
Proposed law provides that bonds and other obligations shall be authorized security for all
public deposits. Provides that it is the purpose of proposed law to authorize any public or
private persons, political subdivisions, and officers, public or private, to use any funds
owned or controlled by them for the purchase of any bonds or other obligations. Provides
that nothing contained in proposed law with regard to legal investments shall be construed
as relieving any persons of any duty of exercising reasonable care in selecting securities.
Proposed law provides that any instrument executed, in proper form and with proper
certification of authority, by an authority purporting to convey any right, title, or interest in
any property pursuant to proposed law shall be conclusively presumed to have been executed
in compliance with provisions of proposed law insofar as title or other interest of any bona
fide purchasers, lessees, or transferees of the property is concerned.
Proposed law provides that insofar as the provisions of proposed law are inconsistent with
the provisions of any other law, the provisions of proposed law shall be controlling.
Provides however, that the authority shall be subject to the provisions of the Local
Government Fair Competition Act, R.S. 45:844.41 et seq. Additionally provides that the
authority conferred by proposed law shall be in addition and supplemental to the powers
conferred by any other law.
Proposed law further provides for an expedited procedure to enable the authority to more
efficiently quiet title and initiate a foreclosure action regarding immovable property acquired
by the authority.
Proposed law requires the authority to file a notice with the clerk of court regarding the
property for which it is attempting to quiet title. Requires that the notice include the legal
description of the property, the street address of the property (if any), the name, address, and
telephone number of the authority, a statement that the property is subject to expedited quiet
title proceeding and foreclosure, and a statement that any legal interests in the property may
be extinguished by a district court order vesting title to the property in the authority.
Provides for additional procedures if there is a deficiency in the notice.
Proposed law requires the authority, if it has reason to believe that a property subject to an
expedited quiet title proceeding and foreclosure may be the site of environmental
contamination, to provide the Dept. of Environmental Quality with any information in the
possession of the authority that suggests such is the case.
Proposed law requires the authority, after recording the notice, to initiate a records search
in order to determine the owners who have any interest in the property subject to the
expedited procedure. Authorizes the authority to enter into a contract with or request from
one or more authorized representatives a title search or other title product to identify the
owners of a property interest. Provides that the owner of a property interest is entitled to
notice under proposed law if that owner's interest was identifiable by reference to any of the
following sources before the date that the authority records the notice: HLS 10RS-612 ORIGINAL
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(1)Land title records in the office of the recorder of mortgages and the register of
conveyances.
(2)Tax records in the office of the assessor.
Proposed law authorizes the authority to file a single petition with the district court which
lists all of the property subject to expedited foreclosure. Requires the authority to request
a hearing on the petition within 90 days seeking a judgment in favor of the authority against
each property, without the right of redemption. Requires the clerk of the district court to
immediately set the date, time, and place for the hearing not more than 10 days after the date
requested by the authority in the petition.
Proposed law requires the authority to send notice of the hearing, not less than 30 days prior,
by certified mail to any person identified as having an interest in the property subject to the
expedited foreclosure proceeding. Requires the authority to also send notice via regular mail
addressed to "Occupant" to each property subject to expedited foreclosure.
Proposed law further requires the authority, or its authorized representative, to post a written
notice on each property at least 30 days prior to the expedited foreclosure hearing. Requires
that each notice include specified information.
Proposed law requires the authority, if it is unable to provide the appropriate notice, to
provide notice through publication for three consecutive weeks prior to the hearing on the
matter in a newspaper published and circulated in the city of Jeanerette.
Proposed law requires the authority to file proof of the notice required by proposed law,
proof of notice by posting on the property, if applicable, and proof of notice by publication,
if applicable, with the clerk of the district court prior to the hearing. Requires any person
who has an interest in the property subject to the expedited foreclosure to file written
objections with the clerk and serve those objections on the authority prior to the hearing.
Proposed law requires the district court to enter judgment on the petition not more than 10
days following the conclusion of the hearing or contested case. Requires the judgment to
specify certain information.
Proposed law provides that except as otherwise provided in proposed law, title to property
set forth in a petition for foreclosure shall vest absolutely in the authority upon the effective
date of the judgment by the district court. Provides that the authority shall have absolute title
to the property and the title is not subject to any recorded or unrecorded lien, except as
otherwise provided in proposed law and shall not be stayed or held invalid except as
otherwise provided in proposed law. Provides that a judgment is a final order with respect
to the property affected by the judgment and shall not be modified, stayed, or held invalid
after the effective date of the judgment, except as otherwise provided in proposed law.
Proposed law provides that any person with an interest in the foreclosed property may appeal
the district court's order or district court's judgment within 21 days following the effective
date of the judgment. Provides that the appeal of the judgment shall be entitled to preference
and priority and handled on an expedited basis by the court of appeal and, if applicable, the
La. Supreme Court. Provides that in such cases, the record shall be prepared and filed within
15 days of the granting of the order of appeal. Requires the court of appeal to hear the case
within 30 days after the filing of the appellee's brief. Further provides that an appeal is
limited to the record of the proceedings in the district court. Provides that the district court's
judgment foreclosing property shall be stayed until the court of appeals has reversed,
modified, or affirmed that judgment.
Proposed law provides that if an appeal stays the district court's judgment foreclosing
property, the district court's judgment is stayed only as to the property that is the subject of
that appeal. Provides that the district court's judgment foreclosing other property that is not HLS 10RS-612 ORIGINAL
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the subject of that appeal is not stayed. Requires a person appealing the judgment to pay to
the authority any taxes, interest, penalties, and fees due on the property and to provide notice
of the appeal to the authority within 21 days after the district court's judgment is effective.
Provides that if the district court's judgment foreclosing the property is affirmed on appeal,
the amount determined to be due shall be refunded to the person who appealed the judgment.
Provides that if the district court's judgment foreclosing the property is reversed or modified
on appeal, the authority shall refund the amount determined to be due to the person who
appealed the judgment, if any, and forward the balance to the appropriate taxing jurisdictions
in accordance with the order of the court of appeals.
Proposed law provides that it is the intent of the legislature that the provisions of proposed
law relating to the expedited quiet title and foreclosure of property by the authority satisfy
the minimum requirements of due process required under the state constitution and the U.S.
Constitution. Provides that the provisions do not create new rights beyond those required
under the state constitution or the U.S. Constitution. Provides that the failure of the authority
to follow a requirement of proposed law shall not be construed to create a claim or cause of
action against the authority unless the minimum requirements of due process accorded under
the state constitution or the U.S. Constitution are violated.
(Adds R.S. 33:4720.201)