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Regular Session, 2010
HOUSE BILL NO. 1104
BY REPRESENTATIVE ROBIDEAUX
PARISH/LAFAYETTE: Creates the Lafayette Parish Redevelopment Authority
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, to create the Lafayette Parish Redevelopment3
Authority; to provide for the formation of a program or programs in the parish of4
Lafayette for the use of appropriate private and public resources to eliminate and5
prevent the development or spread of slum, blighted, and distressed areas; to allow6
the rehabilitation, clearance, and redevelopment of slum, blighted, and distressed7
areas; to provide for the expeditious conversion of blighted or underused property8
into habitable residential dwellings in the parish of Lafayette; to define the duties,9
liabilities, authority, and functions of the redevelopment authority; to authorize10
public bodies to furnish funds, services, facilities, and property in aid of11
redevelopment projects; and to provide for related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article III, Section 13 of the Constitution of14
Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950,17
comprised of R.S. 33:4720.201, is hereby enacted to read as follows: 18
CHAPTER 13-M. LAFAYETTE PARISH REDEVELOPMENT AUTHORI TY19
ยง4720.201. Lafayette Parish Redevelopment Authority20
A. This Chapter may be referred to as the "Lafayette Parish Redevelopment21
Law".22 HLS 10RS-921 ORIGINAL
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B. It is hereby found and declared that:1
(1) There exist in the parish of Lafayette areas which have become slums,2
blighted, and distressed because of the unsafe, unsanitary, inadequate, or3
overcrowded condition of the structures therein, or because of inadequate planning4
for the area, or because of physically or functionally obsolete structures, or because5
of excessive dwelling unit density, or because of the lack of proper light and air and6
open space, or because of faulty street or lot design, or inadequate public utilities, or7
community services, or because of failure to adequately maintain and repair8
structures, or because of the conversion to incompatible types of land usage, or9
because of environmental conditions and circumstances. Such conditions or a10
combination of some or all of them have and will continue to result in making such11
areas economic and social liabilities.12
(2) In the wake of Hurricane Katrina and Hurricane Rita, the resident13
population of the parish of Lafayette in particular has increased dramatically,14
creating an urgent and immediate need for affordable residential housing. Persons15
displaced by Hurricane Katrina and Hurricane Rita should be assisted, should they16
so desire, in obtaining long-term or permanent housing in the parish of Lafayette.17
(3) 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 parish revenues because of the extra services required20
for police, fire, accident, and other forms of public protection, services, and facilities.21
(4) 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
(5) The powers conferred by this Chapter are for public uses, purposes,25
welfare, and utility for which public money may be expended as necessary and in the26
public's interest. The provisions herein provided shall apply for residential,27
recreational, commercial, industrial, or other purposes and otherwise to encourage28
the provision of healthful homes, safe neighborhoods, a decent living environment,29 HLS 10RS-921 ORIGINAL
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and adequate places of employment for the people. Such purposes are hereby1
declared as a matter of legislative determination.2
(6) The object of this Chapter is to provide for the following:3
(a) A unified and comprehensive response to the housing shortages and other4
indirect effects of Hurricane Katrina and Hurricane Rita upon south central5
Louisiana.6
(b) The general and economic welfare of the parish through housing,7
commercial, office, hospitality, recreation, education, infrastructure and utility8
capacity, manufacturing, industrial, research, retail, or other activities which will9
create or retain jobs, maintain or diversify industry, including new or emerging10
technologies, or maintain or increase the tax base.11
(c) The improvement of conditions of deteriorated physical development,12
slow economic growth, and eroded financial health of the public and private sectors.13
(d) The control, abatement, and prevention of pollution to protect public14
health and safety, and the development and use of indigenous and renewable energy15
resources.16
(e) Assistance to nonprofit and governmental entities in support of health,17
educational, charitable, community, cultural, agricultural, consumer, or other18
services benefiting the citizens.19
C.(1) There is hereby created in the parish of Lafayette a body politic and20
corporate which shall exist in perpetuity and shall be known as the Lafayette Parish21
Redevelopment Authority, referred to in this Chapter as the "authority".22
(2) The authority shall be a special district created pursuant to Article VI,23
Section 19 of the Constitution of Louisiana and political subdivision of the state as24
defined in Article VI, Section 44 of the Constitution of Louisiana. The authority,25
acting through its governing board, is hereby granted all of the rights, powers,26
privileges, and immunities accorded by the laws and the Constitution of Louisiana27
to political subdivisions of the state, subject to the limitations provided in this28
Chapter.29 HLS 10RS-921 ORIGINAL
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D. The authority, for the purposes of this Chapter, may within its1
jurisdiction, formulate a workable program or programs for using appropriate private2
and public resources to eliminate and prevent the development or spread of slums3
and blight, to encourage needed rehabilitation, and to provide for the redevelopment4
of slum or blighted areas, or to undertake other feasible parochial activities as may5
be suitably employed to achieve the objectives of such workable program.6
E. The authority, to the greatest extent it determines to be feasible in carrying7
out the provisions of this Chapter, shall seek out cooperative endeavors, including8
partnerships, joint ventures, and equity participation structures, with nonprofit9
organizations and private enterprise. The authority shall give consideration to this10
objective in exercising the powers granted pursuant to this Chapter.11
F.(1) Lafayette Parish Redevelopment Authority shall be comprised of all12
of the territory located within the parish of Lafayette, including the territory13
comprising the municipalities of Broussard, Carencro, Duson, Scott and Youngsville,14
constituted on the effective date of this Chapter. However, the governing authority15
of each municipality may opt out of being included within the territorial jurisdiction16
of the authority.17
(2) The authority shall be activated and implemented by the appropriate18
governing authority recognizing and confirming the appointment of the initial five19
members of the board.20
G.(1) The Lafayette Parish Redevelopment Authority shall be governed by21
a board of commissioners, referred to in this Chapter as the "board", consisting of22
five members appointed as follows:23
(a) One member shall be appointed by the governing board of the24
Community Foundation of Acadiana.25
(b) One member shall be appointed by the governing board of the Greater26
Lafayette Chamber of Commerce.27
(c) Three members shall be appointed by the city-parish president of the28
Lafayette City-Parish Consolidated Government.29 HLS 10RS-921 ORIGINAL
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(2) All appointments shall be confirmed by the appropriate governing1
authority.2
(3) The appointing authority shall present its appointees to the appropriate3
governing authority. Such presentations by the appointing authorities shall be in4
writing, shall be made at an official and open meeting of the appropriate governing5
authority, and shall include information sufficient to allow the appropriate governing6
authority to assess the qualifications and fitness of the appointee for his intended7
duties. Upon receipt of such presentation, the appropriate governing authority shall8
have the right to confirm or reject said appointment. Such confirmation or rejection9
shall be made in the manner and under the procedure prescribed by the governing10
authority. Regardless of the manner and procedure so employed, if the governing11
authority does not reject said appointment within sixty days after the presentation12
required by this Paragraph, then the appointment shall be deemed confirmed.13
(4) Each board member shall be a citizen of the United States, a domiciliary14
of and a qualified voter in the appropriate jurisdiction for at least one year preceding15
the date of appointment, and shall remain a domiciliary of and a qualified voter of16
such jurisdiction during the entirety of the term of office. Furthermore, each board17
member shall be of good character and shall possess some skill, knowledge, or18
experience that will prove useful in the accomplishment of the goals of the authority19
as set forth in Subsection B of this Section.20
(5) Each board member shall serve for a term of five years, unless removed21
for cause by the board, as provided in this Chapter, or removed for any reason by22
authorized action of the appointing authority.23
(6) The board shall establish rules and requirements relative to the24
attendance and participation of members in its meetings, regular or special. Such25
rules and regulations may prescribe a procedure whereby, should any member fail26
to comply with such rules and regulations, such member may be disqualified and27
removed automatically from office by no less than a majority vote of the remaining28
members of the board, and that member's position shall be vacant as of the first day29 HLS 10RS-921 ORIGINAL
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of the next calendar month. Any person removed under the provisions of this1
Paragraph shall be ineligible for reappointment to the board, unless such2
reappointment is confirmed unanimously by the board.3
(7) A vacancy on a board shall be filled in the same manner as the original4
appointment. In such cases a majority of the remaining board members may appoint5
an interim member to serve until a new member is confirmed.6
(8) Board members shall serve without compensation, shall have the power7
to organize and reorganize the executive, administrative, clerical, and other8
departments and forces of the authority and to fix the duties, powers, and9
compensation of all employees, agents, and consultants of the authority. The board10
may reimburse any member for expenses actually incurred in the performance of11
duties on behalf of the authority.12
(9) The board shall elect yearly from its number a chairman, a vice chairman,13
a secretary, and a treasurer and shall establish their duties as may be regulated by14
rules adopted by the board. The offices of secretary and treasurer may be held by the15
same person. The board may meet in regular session once each month and also shall16
meet in special session as convened by the chairman or upon written notice signed17
by three members. A majority of the members of the board, not including vacancies,18
shall constitute a quorum for the conduct of business.19
(10) All actions of a board shall be approved by the affirmative vote of a20
majority of the members of that board present and voting. However, no action of the21
board shall be authorized on the following matters unless approved by a majority of22
the total board membership:23
(a) Adoption of bylaws and other rules and regulations for conduct of the24
authority's business.25
(b) Hiring or firing of any employee or contractor of the authority. This26
function may by majority vote be delegated by the board to a specified officer or27
committee of the authority, under such terms and conditions, and to the extent, that28
the board may specify.29 HLS 10RS-921 ORIGINAL
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(c) The incurring of debt.1
(d) Levy of taxes and call for any tax or other election.2
(e) Adoption or amendment of the annual budget.3
(f) Sale, lease, encumbrance, or alienation of real property, improvements,4
or personal property with a value of more than fifty thousand dollars.5
(11) Vote by proxy shall not be permitted. Any member may request a6
recorded vote on any resolution or action of the authority.7
(12) The board shall cause minutes and a record to be kept of all its8
proceedings. Except as otherwise provided in this Paragraph, the authority shall be9
subject to the Public Records Law (Chapter 1 of Title 44 of the Louisiana Revised10
Statutes of 1950), the Open Meetings Law (R.S. 42:4.1 et seq.), and the Code of11
Governmental Ethics (Chapter 15 of Title 42 of the Louisiana Revised Statutes of12
1950). Notwithstanding the provisions of R.S. 42:5, until thirty days prior to the date13
the board is scheduled to consummate a final sale or lease of any immovable14
property owned by the authority, the board may meet in executive session to discuss15
negotiations between the authority and any prospective seller, purchaser, lessor, or16
lessee of that property. R.S. 44:31 through 35 shall not apply to any records related17
to the negotiations of or to the terms of such a sale or lease until thirty days prior to18
the date the board is scheduled to consummate a final sale or lease. The board shall19
give written public notice of its intention to consummate a final sale or lease at least20
thirty days prior to the date on which the board intends to take such action. This21
notice shall comply with the procedural provisions of R.S. 42:7.22
H. The authority, through the board, shall have all powers necessary or23
convenient to carry out and effectuate the purposes and provisions of this Chapter,24
including but not limited to the following:25
(1) To sue and be sued and as such to stand in judgment.26
(2) To adopt, use, and alter at will a corporate seal.27
(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and28
use any property, real, personal, mixed, tangible, or intangible, or any interest29 HLS 10RS-921 ORIGINAL
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therein, necessary or desirable for carrying out the objects and purposes of the1
authority, and to engage in any action, such as the purchase of insurance, necessary2
or desirable for the maintenance or improvement of such property. The authority3
shall not have any power to expropriate, except that power which is granted by the4
appropriate governing authority.5
(4)(a) To sell, lease for a term of up to ninety-nine years, exchange, or6
otherwise dispose of or transfer to or with other political subdivisions of this state7
or public or private persons at public or private sale any residential, commercial,8
industrial, or subdivision land, property, improvements, or portions thereof,9
including real property, which is, in the opinion of the board, appropriate to10
accomplish the objectives and purposes of the authority.11
(b) Prior to any sale, lease, conveyance, disposition, or transfer of property12
pursuant to this Paragraph, the authority shall fix the price and terms of the sale,13
lease, exchange, or other contract to be made with reference to the property. Such14
sale, lease, conveyance, disposition, or transfer shall comply with the terms and15
provisions of this Chapter.16
(c) Any sale of industrial land, as defined by Chapter 8 of Title 51 of the17
Louisiana Revised Statutes and the statutes referenced therein, shall be in accordance18
with laws providing for the disposition or transfer of such land.19
(d) Other than the requirements of this Chapter, no other law limiting or20
regulating the form or manner of the sale, lease, conveyance, disposition, or transfer21
of property by public bodies, including without limitation R.S. 41:1338, shall apply22
to the sale, lease, conveyance, disposition, or transfer of property by the authority.23
All such sales, leases, conveyance, dispositions, or transfers of property remain24
subject to the limitations imposed by the Constitution of Louisiana.25
(5) To convey to the United States, the state, or to any political subdivision26
of the state any land, property, right-of-way, easement, servitude, or other thing of27
value, which the authority may own or acquire, for use by such governmental entity28 HLS 10RS-921 ORIGINAL
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to accomplish the objectives and purposes of the authority, pursuant to the terms of1
any appropriate cooperative endeavor agreement.2
(6) To make and collect reasonable charges for the use of property of the3
authority and for services rendered by the authority and to regulate fees or rentals4
charged for use of privately owned facilities located on property owned or sold by5
the authority when such facilities are offered for use by the public or by a private6
industrial, commercial, research, or other economic development entity or activity.7
(7) To enter into contracts and agreements with public bodies or public8
and/or private entities to achieve the authority's objectives and purposes, including9
but not limited to contracts for professional, legal, and other services and for the10
purchase, lease, acquisition, sale, construction, operation, maintenance, marketing,11
and improvement of land, public works, and facilities, as the board may deem12
necessary or convenient to accomplish the objectives and purposes of the authority.13
(8) To plan, develop, regulate, operate, and maintain activities and planned14
land uses to foster creation of new jobs, economic development, industry, health15
care, general public and social welfare, commerce, manufacturing, tourism,16
relocation of people and businesses to the area, shipbuilding, aviation, military,17
warehousing, transportation, offices, recreation, housing development, and18
conservation.19
(9) To acquire land and improvements to construct, operate, and maintain20
facilities, improvements, and infrastructure, including buildings, roads, bridges,21
drainage, and utilities, and to perform other functions and activities on property22
owned or leased by the authority to accomplish the objectives and purposes of the23
authority. However, the authority is prohibited from constructing, operating, or24
maintaining any water, electric, or gas utility facilities which duplicate, curtail,25
impair, or directly compete with a regulated water, electric, or gas utility facility26
operating in or adjacent to the property owned or leased by the authority.27
(10) To require and issue licenses.28 HLS 10RS-921 ORIGINAL
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(11) To levy annually and cause to be collected ad valorem taxes, provided1
that the amount, term, and purpose of such taxes, as set out in propositions submitted2
to a vote in accordance with the Louisiana Election Code, shall be approved by a3
majority of the qualified electors of the parish voting in an election held for that4
purpose.5
(12)(a) To levy and collect sales and use taxes within the boundaries of the6
authority for such purposes and at such rate as provided by the propositions7
authorizing their levy, not to exceed in aggregate one percent, which taxes may not8
exceed the limitation set forth in the Constitution of Louisiana, provided the9
proposition submitted to a vote in accordance with the Louisiana Election Code shall10
be approved by a majority of the qualified electors of the parish voting in an election11
held for that purpose. In submitting a sales tax proposition to a vote, the board may12
enter into a cooperative endeavor agreement with the parish governing authority13
providing for the sales tax to be divided into parts between the parish and the14
authority for such purposes and in such amounts as may be set forth in the15
proposition.16
(b) The tax shall be levied upon the sale at retail, the use, the lease or rental,17
the consumption, the distribution, and storage for use or consumption of tangible18
personal property, and upon the sales of services within the parish, all as defined in19
R.S. 47:301 et seq.20
(c) Except where inapplicable, the procedure established by R.S. 47:301 et21
seq. shall be followed in the imposition, collection, and enforcement of the tax, and22
procedural details necessary to supplement those Sections and to make them23
applicable to the tax herein authorized shall be fixed in the resolution imposing the24
tax.25
(d) The tax shall be imposed and collected uniformly throughout the parish.26
(e) Any tax levied under this Paragraph shall be in addition to all other taxes27
which the parish or any other political subdivision within the parish is now or28
hereafter authorized to levy and collect.29 HLS 10RS-921 ORIGINAL
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(13) To develop, activate, construct, exchange, acquire, improve, repair,1
operate, maintain, lease, mortgage, sell, and grant a security device affecting the2
movable and immovable property, servitudes, facilities, and works within the parish3
under such terms and conditions as the board may deem necessary or appropriate for4
any public purpose, including industrial, residential, subdivision, and commercial5
development.6
(14) To borrow money and to pledge or grant a security device affecting all7
or part of its revenues, leases, rents, and other advantages as security for such loans.8
(15) To appoint officers, agents, and employees, prescribe their duties, and9
fix their compensation.10
(16) To undertake and carry out redevelopment projects and related11
activities.12
(17) To apply for and accept advances, leases, grants, contributions, and any13
other form of financial assistance from the federal government, the state, parish, or14
other public bodies, or from any sources, public or private, for the purposes of this15
Chapter, and to give such security as may be required and to enter into and carry out16
contracts or agreements in connection therewith; and to include in any contract for17
financial assistance with the federal government such conditions imposed pursuant18
to federal laws as the board may deem reasonable and appropriate and which are not19
inconsistent with the purposes of this Chapter.20
(18) To make or have made all surveys and plans necessary to the carrying21
out of the purposes of this Chapter and to adopt or approve, modify, and amend such22
plans, which plans may include but are not limited to:23
(a) Plans for carrying out a program of voluntary or compulsory repair and24
rehabilitation of buildings and improvements.25
(b) Plans for the enforcement of state and local laws, codes, and regulations26
relating to the use of land and the use and occupancy of buildings and improvements27
and to the compulsory repair, rehabilitation, demolition, or removal of buildings and28
improvements.29 HLS 10RS-921 ORIGINAL
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(c) Appraisals, title searches, surveys, studies, and other plans and work1
necessary to prepare for the undertaking of redevelopment projects and related2
activities.3
(19) To develop, test, and report methods and techniques and carry out4
demonstrations and other activities for the prevention and the elimination of slums5
and urban blight, including developing and demonstrating new or improved means6
of providing housing or continuing care, assisted living, or independent living or7
other similar type housing for elderly or retired persons or other persons desiring8
such housing facilities.9
(20) To make and from time to time amend and repeal bylaws, orders, rules,10
and regulations in order to effectuate the provisions of this Chapter.11
(21) To exercise all or any part or combination of powers herein granted by12
this Chapter.13
(22) The authority shall not be deemed to be an instrumentality of the state14
for purposes of Article X, Section 1(A) of the Constitution of Louisiana.15
(23) To purchase property at a sale conducted pursuant to enforcement of16
judicial mortgages created in accordance with R.S. 13:2575(C) by tendering a bid17
equal to or greater than the minimum bid advertised, which bid may be a credit bid18
consisting of the obligation of the authority to satisfy the bid by payment to the19
political subdivision holding the lien being enforced in accordance with20
intergovernmental agreements between the authority and such political subdivision.21
Such a bid shall be given priority over all other bids regardless of amount, except for22
a higher bid submitted by a conventional mortgage holder holding a mortgage on the23
subject property.24
I.(1) The authority may incur debt and issue general obligation bonds under25
the authority of and subject to the provisions of Article VI, Section 33 of the26
Constitution of Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of27
Title 39 of the Louisiana Revised Statutes of 1950, for the acquisition and operation28
of authority property or to carry out the other public purposes of this Chapter, and29 HLS 10RS-921 ORIGINAL
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to issue any other bonds permitted by law, borrow money, and issue certificates of1
indebtedness, notes, and other debt obligations as evidence thereof and provide for2
the manner and method of repayment in accordance with law.3
(2) The authority may issue revenue bonds to finance the undertaking of a4
redevelopment project under this Chapter, or otherwise to acquire, purchase, lease,5
construct, or improve housing, residential development, subdivision development,6
commercial, research, industrial, or other plant sites and buildings, or other capital7
improvements authorized in this Chapter, including energy and pollution abatement8
and control facilities and necessary property and appurtenances thereto; and may sell,9
lease, sublease, or otherwise dispose of by suitable and appropriate contract to any10
enterprise locating or existing within the jurisdiction of the authority such sites,11
buildings, or facilities and appurtenances thereto, all or severally. The funds derived12
from the sale of such bonds may be disbursed in whole or in part upon delivery of13
the bonds as shall be provided in the contract between the authority and the14
residential, commercial, research, industrial, or other enterprise to be aided,15
encouraged, or benefited subject to the requirements of this Chapter.16
(3) The issuing authority may enter into, amend, or terminate, as it17
determines to be necessary or appropriate, any ancillary contracts (a) to facilitate the18
issuance, sale, resale, purchase, repurchase, or payments of bonds, including without19
limitation bond insurance, letters of credit, and liquidity facilities, or (b) to attempt20
to hedge risk or achieve a desirable effective interest rate or cash flow, all subject to21
the approval of the State Bond Commission.22
(4) Bonds issued under Paragraph (2) of this Subsection shall be authorized23
by resolution of the board and shall be limited obligations of the issuing authority;24
the principal and interest, costs of issuance, and other costs incidental thereto shall25
be payable solely from the income and revenue derived from the sale, lease, or other26
disposition of the project or facility to be financed by the bonds issued under this27
Subsection, or from the income and revenue derived from the sale, lease, or other28
disposition of any existing project or facility acquired, constructed, and improved29 HLS 10RS-921 ORIGINAL
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under the provision of this Subsection, or from any source available for such1
purpose. However, in the discretion of the issuing authority, the bonds may be2
additionally secured by mortgage or other security device covering all or part of the3
project from which the revenues so pledged may be derived. Any refunding bonds4
issued pursuant to this Subsection shall be payable from any source described above5
or from the investment of any of the proceeds of the refunding bonds authorized6
under this Subsection and shall not constitute an indebtedness or pledge of the7
general credit of the parish or municipality, as appropriate, or the authority within8
the meaning of any constitutional or statutory limitation of indebtedness and shall9
contain a recital to that effect. Bonds of the authority issued under this Subsection10
shall be issued in such form, shall be in such denominations, shall bear interest, shall11
mature in such manner, and be executed by one or more members of the board as12
provided in the resolution authorizing the issuance thereof. Such bonds may be13
subject to redemption at the option of and in the manner determined by the board in14
the resolution authorizing the issuance thereof.15
(5) No bonds or other evidences of indebtedness may be issued under this16
Subsection without the prior approval of the State Bond Commission of the terms17
and provisions thereof.18
(6) Bonds issued under this Subsection shall be issued, sold, and delivered19
in accordance with the terms and provisions of a resolution adopted by the board.20
The board may sell such bonds in such manner, either at public or at private sale, and21
for such price as it may determine to be in the best interests of the authority, subject22
to the approval of the State Bond Commission. The resolution issuing bonds shall23
be published in a newspaper of general circulation within the jurisdiction of the24
authority, and for a period of thirty days after said publication, any interested citizen25
may bring an action to contest the bonds and the security therefor, as provided in the26
Constitution of Louisiana. If, after the expiration of thirty days, no suit has been27
filed, the issuance, sale, and security of the bonds shall be incontestable, and no court28
shall have authority to entertain any action questioning or contesting such matters.29 HLS 10RS-921 ORIGINAL
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(7) Bonds issued by the authority under this Chapter are deemed to be1
securities of public entities within the meaning of Chapters 13 and 13-A of Title 392
of the Louisiana Revised Statutes of 1950, and shall be subject to defeasance in3
accordance with the provisions of Chapter 14 of Title 39 of the Louisiana Revised4
Statutes of 1950, shall be subject to the refunding provisions of Chapter 14-A of5
Title 39 of the Louisiana Revised Statutes of 1950, and may also be issued as6
short-term revenue notes of a public entity under Chapter 15-A of Title 39 of the7
Louisiana Revised Statutes of 1950.8
(8) No bonds, other debt obligations, or contracts of the authority shall be a9
charge upon the income, property, or revenue of the parish or municipality, as10
appropriate, nor shall any obligations of the authority be the obligations of the11
applicable parish or municipality.12
(9) Any bonds issued by the authority shall be subject to the Bond Validation13
Law (R.S. 13:5121), pursuant to which the issuance of the bonds may be submitted14
to the courts for validation.15
J.(1) The exercise by the board of the powers conferred by virtue of this16
Chapter shall be deemed and held to be an essential governmental function of the17
state and parish. As the exercise of the powers granted by this Chapter will be in all18
respects for the benefit of the people of the state and parish, for the increase of their19
commerce and prosperity, and for the improvement of their health and living20
conditions, the authority shall not be required to pay any taxes, including but not21
limited to sales and use taxes, ad valorem, occupational licensing, income, or any22
other taxes of any kind or nature, or fees or assessments upon any property held,23
acquired, or used by the authority under the provisions of this Chapter, or upon the24
income therefrom. Any bonds, certificates, or other evidences of indebtedness issued25
by the authority and the income therefrom shall be exempt from taxation by the state26
and by any parish, municipality, or other political subdivision of the state. The27
authority shall not be deemed to be a public utility and shall not be subject in any28 HLS 10RS-921 ORIGINAL
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respect to the authority, control, regulation, or supervision of the Louisiana Public1
Service Commission.2
(2) All property of the authority, including funds owned or held by it for the3
purpose of this Chapter, shall be exempt from levy and sale by virtue of an4
execution, and no execution or other judicial process shall issue against the same, nor5
shall judgment against the parish or authority be a charge or lien upon such property.6
However, the provisions of this Subsection shall not apply to or limit the right of7
obligees to pursue any remedies for the enforcement of any pledge or lien given8
pursuant to this Chapter by the authority on its rents, fees, grants, or revenues.9
K.(1) The authority may purchase adjudicated properties within its territorial10
jurisdiction from any political subdivision of the state of Louisiana. No such11
purchase shall be construed to, or otherwise have the effect of, extending or12
suspending the period prescribed by law for the redemption of the property by the13
tax debtor or any other person.14
(2) In addition to the authority set forth in Subpart B of Part IV of Chapter15
5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases16
by the authority may be in the manner provided for in Chapter 13-A of Title 33 of17
the Louisiana Revised Statutes of 1950 or by a direct negotiated purchase and sale18
agreement between the authority and a political subdivision without any other19
requirement of a public sale prior to the transfer of such properties to the authority.20
Such purchases by the authority shall not be considered the sale of surplus property21
or of property owned by the political subdivision.22
(3) Effective upon the recordation of the transfer of an adjudicated property23
to the authority pursuant to a purchase and sale agreement, the rights of the authority24
in and to such property shall be the rights of a purchaser at a tax sale as contemplated25
by Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950,26
subject only to the rights of redemption of the property set forth in Article VII,27
Section 25(B) of the Constitution of Louisiana, and the property shall no longer be28
deemed to be adjudicated property as of such recordation. For purposes of the right29 HLS 10RS-921 ORIGINAL
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of redemption in Article VII, Section 25(B) of the Constitution of Louisiana, the1
three-year period commences on the date of the recordation of the initial adjudication2
to the political subdivision and not on the date of transfer to the authority.3
(4) Any such purchase and sale agreement shall set forth the total4
consideration to be paid by the authority and the method and timing of payment of5
such consideration by the authority.6
(5) The state and any political subdivision with liens on the property may,7
pursuant to intergovernmental agreements with the authority, cancel such liens8
contemporaneously with or subject to the transfer of the property to the authority.9
(6)(a) The authority shall have the right, subject to the provisions of this10
Section, to purchase properties at tax sales conducted in accordance with R.S.11
47:2183, and any and all such purchases shall be a purchase pursuant to R.S. 47:218312
and not an adjudication to a political subdivision.13
(b) Notwithstanding the provisions of Chapter 5 of Subtitle III of Title 47 of14
the Louisiana Revised Statutes of 1950, the authority may tender a bid at a tax sale15
which is a credit bid, consisting of the obligation of the authority to satisfy the16
component parts of the bid by payments to the respective political subdivisions and17
taxing entities in accordance with intergovernmental agreements between the18
authority and such political subdivisions and taxing entities.19
(c) A bid by the authority at a tax sale for the minimum amount shall take20
priority over all other bids for the same quantity of property, except for a higher bid21
submitted by a conventional mortgage holder holding a mortgage on the subject22
property.23
(7) The authority shall submit annual reports to the House Committee on24
Municipal, Parochial and Cultural Affairs and the Senate Committee on Local and25
Municipal Affairs and each member of the Lafayette Parish legislative delegation26
concerning property purchased by the authority. Such report shall be filed by March27
first each year and shall cover the previous calendar year. Each report shall include:28 HLS 10RS-921 ORIGINAL
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(a) The legal description or other indication of the location of each property1
purchased.2
(b) The amount paid for each property.3
(c) The minimum bid that was set for the property and the appraised value4
of the property.5
(d) A general description of the authority's plans for the property and how6
such plans advance the purposes for which the authority is created.7
L.(1) The authority shall have the power to create and execute8
redevelopment or development plans for specified areas within its territorial9
jurisdiction. The implementation of all such plans shall not proceed until, to the10
extent required by law, the authority has obtained the approval of the local planning11
commission or zoning board. In the execution of such a redevelopment plan, the12
authority shall have the powers provided in this Subsection. The fact that a certain13
power is expressed or implied in this Paragraph as pertinent to the authority's14
execution of a redevelopment plan shall not suggest or imply that such power is15
otherwise denied to the authority.16
(2) A redevelopment plan shall include a definition of the redevelopment17
area. This area, or any part thereof, may be further designated as a subdistrict of the18
authority.19
(3) The authority may sell, lease, exchange, or otherwise transfer immovable20
property or any interest therein acquired by it for residential, recreational,21
commercial, industrial, or other uses or for public use, subject to such covenants,22
conditions, and restrictions, including covenants running with the land, as it may23
deem to be necessary or desirable to assist in carrying out the purposes of this24
Chapter. The purchasers or lessees and their successors and assigns shall be25
obligated to devote such immovable property only to the uses as the authority may26
determine to be in the public interest, including the obligation to begin within a27
reasonable time any improvements on such immovable property. Such immovable28
property or interest shall be sold, leased, exchanged, or otherwise transferred at not29 HLS 10RS-921 ORIGINAL
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less than its fair value for uses in accordance with the redevelopment or development1
plan. In determining the fair value of immovable property for uses in accordance2
with the redevelopment or development plans, the authority shall take into account3
and give consideration to the use provided in such plan; the restrictions upon and the4
covenants, conditions, and obligations assumed by the purchaser or lessee; and the5
objectives of such plan. The authority, in any instrument of conveyance to a private6
purchaser or lessee, may provide that such purchaser or lessee shall be without power7
to sell, lease, exchange, or otherwise transfer the immovable property without the8
prior written consent of the authority until such purchaser or lessee has completed9
the construction of any and all improvements which he has obligated himself to10
construct thereon. Immovable property acquired in accordance with the provisions11
of the plan shall be transferred as rapidly as feasible in the public interest, consistent12
with the carrying out of the provisions of the project plan. Such plan and any13
substantial modification of such plan shall be filed as a public record in the office of14
the clerk of the parish, and any conveyances, encumbrances, or other contracts may15
incorporate the provisions thereof by reference which shall afford notice thereof to16
all parties.17
(4) The authority may dispose of, sell, exchange, or lease immovable18
property in a redevelopment area to any private person for the fair market value of19
the property as determined by a certified and competent appraiser, or to any private20
person pursuant to reasonable competitive bidding procedures as it shall prescribe21
subject to the provisions set forth in this Paragraph. Such reasonable bidding22
procedures must include public notice, by publication once each week for two23
consecutive weeks in a newspaper having a general circulation in the community,24
inviting proposals from and making available all pertinent information to private25
redevelopers or any persons interested in undertaking to redevelop or rehabilitate a26
redevelopment area or any part thereof. Such notice shall identify the area, or27
portion thereof, and shall state that proposals shall be made by those in interest28
within thirty days after publication of such notice, and that such further information29 HLS 10RS-921 ORIGINAL
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as is available may be obtained at such office as shall be designated in the notice.1
The board shall consider all such redevelopment or rehabilitation proposals and the2
financial and legal ability of the persons making such proposals to carry them out,3
and may negotiate with any persons for proposals for the purchase, lease, or other4
transfer of any immovable property acquired by the authority in the redevelopment5
area. The board may accept such proposal as it deems to be in the public interest and6
in furtherance of the purposes of this Chapter. Such notice, and all contracts to sell,7
lease, exchange, or otherwise transfer immovable property under the provisions of8
this Chapter, shall be a public record and shall include the name of the redeveloper9
or purchaser, together with the names of its officers and principal members or10
shareholders and investors and other interested parties, the redeveloper's estimate of11
the cost of any residential development and rehabilitations, and the redeveloper's12
estimate of rentals and sales prices of any proposed housing involved in such13
redevelopment and rehabilitation. Thereafter, the board may execute such contract14
in accordance with the provisions of this Chapter and deliver acts of sale, leases, and15
other instruments and take all steps necessary to effectuate such contract.16
(5) The authority may temporarily operate, maintain, or lease real property17
acquired by it in a redevelopment area for or in connection with a redevelopment18
project pending disposition of the property as authorized in this Chapter for such19
uses and purposes as may be deemed desirable even though not in connection with20
the redevelopment plan.21
(6) Any real property within a redevelopment area acquired pursuant to22
Subsection K of this Section may be disposed of without regard to the other23
provisions of this Chapter. Real property acquired in accordance with the24
redevelopment plan may be disposed of to a public body for public reuse without25
regard to the provisions of this Subsection.26
(7) Notwithstanding any other provisions of this Chapter where an area in27
the parish is designated as a redevelopment area under the Federal Area28
Redevelopment Act (Public Law 87-27), or any Act supplementary thereto, land in29 HLS 10RS-921 ORIGINAL
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a redevelopment project area designated under the redevelopment plan for industrial1
or commercial uses may be disposed of to any public body or nonprofit corporation2
for subsequent disposition as promptly as practical by the public body or corporation3
for redevelopment in accordance with the redevelopment plan, and only the4
purchaser from or lessee of the public body or corporation, and their assignees, shall5
be required to assume the obligation of beginning the building of improvements6
within a reasonable time. Any disposition of land to a public body or corporation7
under this Paragraph shall be at its fair value for uses in accordance with the8
redevelopment plan.9
M.(1) The authority may, in the implementation of a redevelopment plan,10
create one or more subdistricts to conduct, oversee, or assist in the implementation11
of such redevelopment plan. The boundaries of such a subdistrict may include all12
or part of the redevelopment area. Such a subdistrict shall have and exercise such13
powers and responsibilities as the authority shall specify in the enabling resolution.14
The full extent of such powers and responsibilities may include such powers as the15
authority itself may exercise, and such other powers as are given to the subdistrict16
by this Paragraph or any other law, but any exercise of such powers by the subdistrict17
shall be confined solely to the geographical limits of the subdistrict. Such a18
subdistrict may be established to exist at the pleasure of the authority, or for any19
period of time, or until the happening of any occurrence or occurrences, that the20
authority may specify.21
(2) The creation of a subdistrict shall in no instance result in the detachment,22
severance, or loss of any power or responsibility granted to the authority by this23
Chapter, and within the confines of any subdistrict, the authority shall have full24
jurisdiction, concurrent with that of the subdistrict, to exercise said powers and25
responsibilities. The fact that a certain power is expressed or implied in this26
Paragraph as pertinent to a subdistrict's conduct, overseeing, or assistance in the27
implementation of the redevelopment plan shall not suggest or imply that such power28
is otherwise denied to the authority. However, the authority and its subdistricts shall29 HLS 10RS-921 ORIGINAL
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not, collectively, have any greater power to tax than that granted, in the first instance,1
to the authority alone.2
(3) Unless otherwise specified in the resolution or other formal act creating3
the subdistrict, the board members of the authority shall constitute the governing4
authority of the subdistrict.5
(4) Unless otherwise specified in the resolution or other formal act creating6
the subdistrict, the subdistrict shall be a distinct and separate juridical entity, and the7
rights, interests, and liabilities of the subdistrict shall not under any circumstances8
be considered those of the authority.9
(5)(a) In addition to the other powers it may be granted, a subdistrict may10
enjoy, within its geographical boundaries, the powers of tax increment financing, the11
issuance of revenue bonds, and those other powers that may be exercised by an12
economic development district created by a local governmental subdivision pursuant13
to R.S. 33:9038.32. However, the subdistrict shall remain subject to all limitations14
and reservations applicable to the powers of the authority.15
(b) Prior to the dedication of any state sales tax increments to be used for an16
authorized purpose of a subdistrict, the secretary of the Department of Economic17
Development shall submit the proposal to the Joint Legislative Committee on the18
Budget for approval. The submittal shall also include a written evaluation and19
determination by the department, with input from and certification by the20
Department of Revenue, of the anticipated increase in state sales tax revenues to be21
collected within the state over state sales tax revenues that were collected within the22
state in the year immediately prior to the year in which the proposal is submitted to23
the committee that would be a direct result of the proposal. In addition, any24
cooperative endeavor agreement or other agreement providing for the expenditure25
of funds collected by the state as state sales tax increments and dedicated to a project26
or for the payment of revenue bonds therefor shall be subject to approval by the State27
Bond Commission prior to execution by the state.28 HLS 10RS-921 ORIGINAL
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N. All banks, trust companies, bankers, savings banks and institutions,1
building and loan associations, savings and loan associations, investment companies,2
and other persons carrying on a banking or investment business; all insurance3
companies, insurance associations, and other persons carrying on an insurance4
business; and all executors, administrators, curators, trustees, and other fiduciaries5
may legally invest any sinking funds, monies, or other funds belonging to them or6
within their control in any bonds or other obligations issued by the authority pursuant7
to this Chapter. Bonds and other obligations shall be authorized security for all8
public deposits. It is the purpose of this Subsection to authorize any public or private9
persons, political subdivisions, and officers, public or private, to use any funds10
owned or controlled by them for the purchase of any bonds or other obligations.11
Nothing contained in this Subsection with regard to legal investments shall be12
construed as relieving any persons of any duty of exercising reasonable care in13
selecting securities.14
O. For the purpose of aiding in the planning, undertaking, or carrying out of15
a redevelopment or development project and related activities authorized by this16
Chapter, any public body may, upon such terms, with or without consideration as it17
may determine:18
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant19
easements, licenses, or other rights or privileges therein to the authority.20
(2) Incur the entire expense of any public improvements made by such21
public body.22
(3) Do any and all things necessary to aid or cooperate in the planning or23
carrying out of a redevelopment plan and related activities.24
(4) Lend, grant, or contribute funds to the authority in accordance with an25
appropriate cooperative endeavor agreement and borrow money and apply for and26
accept advances, loans, grants, contributions, and any other form of financial27
assistance from the federal government, the state, parish, or other public body, or28
from any other source.29 HLS 10RS-921 ORIGINAL
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(5) Enter into agreements which may extend over any period1
notwithstanding any provision or rule of law to the contrary with the federal2
government or other public body respecting action to be taken pursuant to any of the3
powers granted by this Chapter, including the furnishing of funds or other assistance4
in connection with a redevelopment project and related activities.5
(6) Cause public buildings and public facilities, including parks,6
playgrounds, recreational, community, educational, water, sewer, or drainage7
facilities, or any other works which it is otherwise empowered to undertake to be8
furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or9
replan streets, roads, sidewalks, ways, or other places; plan or replan, zone or rezone,10
or make exceptions from building regulations.11
P. Any instrument executed, in proper form and with proper certification of12
authority, by the authority purporting to convey any right, title, or interest in any13
property under this Chapter shall be conclusively presumed to have been executed14
in compliance with provisions of this Chapter insofar as title or other interest of any15
bona fide purchasers, lessees, or transferees of the property is concerned.16
Q. As used in this Chapter, the following terms shall have the meaning17
herein ascribed to them.18
(1) "Appropriate governing authority" shall mean the governing authority of19
Lafayette Parish.20
(2) "Appropriate jurisdiction" shall mean Lafayette Parish.21
(3) "Bonds" means any bonds, notes, interim certificates, certificates of22
indebtedness, debenture, or other obligation.23
(4) "Federal government" means any department, agency, or instrumentality,24
corporate or otherwise, of the United States of America.25
(5) "Owners of a property interest" means anyone with a corporeal or26
incorporeal interest in immovable property filed for record in the conveyance records27
or mortgage records of the clerk of court and ex officio recorder of mortgages for the28 HLS 10RS-921 ORIGINAL
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parish where the property is located, including a naked owner, a usufructuary, a1
mortgagee, a judgment creditor, or a holder of a personal or predial servitude.2
(6) "Public body" means the state and any parish and any board, authority,3
agency, district, subdivision, department, or instrumentality, corporate or otherwise,4
of the state or any parish.5
(7) "Real property" or "immovable property" means any and all right, title,6
and interest in a tract of land, including its component parts and liens by way of7
judgment, mortgage, or otherwise.8
R. Insofar as the provisions of this Chapter are inconsistent with the9
provisions of any other law, the provisions of this Chapter shall be controlling.10
However, the authority shall be subject to the provisions of the Local Government11
Fair Competition Act, R.S. 45:844.41 et seq. The authority conferred by this Chapter12
shall be in addition and supplemental to the powers conferred by any other law.13
S.(1) In addition to other powers granted to the authority pursuant to this14
Chapter, the authority may initiate an expedited quiet title and foreclosure action15
under this Subsection to quiet title to immovable property held by the authority,16
interests in property purchased by the authority at tax sales, or in formerly17
adjudicated properties acquired by the authority from a political subdivision, by18
recording with the conveyance records of the clerk of court and ex officio recorder19
of mortgages a notice of pending expedited quiet title and foreclosure action. The20
notice shall include a legal description of the property; the street address of the21
property if available; the name, address, and telephone number of the authority; a22
statement that the property is subject to expedited quiet title proceedings and23
foreclosure under this Subsection; and a statement that any legal interests in the24
property may be extinguished by a district court order vesting title to the property in25
the authority. The right of redemption from tax sales in Article VII, Section 25(B)26
of the Constitution of Louisiana shall be terminated by these proceedings only if the27
time period for expiration of the right of redemption has expired. If a notice is28
recorded in error, the authority may correct the error by recording a certificate of29 HLS 10RS-921 ORIGINAL
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correction with the register of conveyances. A notice or certificate under this1
Subsection need not be notarized and may be authenticated by a digital signature or2
other electronic means. If the authority has reason to believe that a property subject3
to an expedited quiet title and foreclosure action under this Subsection may be the4
site of environmental contamination, the authority shall provide the Department of5
Environmental Quality with any information in the possession of the authority that6
suggests the property may be the site of environmental contamination.7
(2) After recording the notice under Paragraph (1) of this Subsection, the8
authority shall initiate a search of records identified in this Paragraph to identify the9
owners of a property interest in the property who are entitled to notice of the quiet10
title and foreclosure hearing under this Subsection. The authority may enter into a11
contract with or may request from one or more authorized representatives a title12
search or other title product to identify the owners of a property interest in the13
property as required under this Paragraph or to perform the other functions set forth14
in this Subsection required for the quieting of title to property. The owner of a15
property interest is entitled to notice under this Section if that owner's interest was16
identifiable by reference to any of the following sources before the date that the17
authority records the notice under Paragraph (1) of this Subsection:18
(a) Land title records in the office of the recorder of mortgages and the19
register of conveyances.20
(b) Tax records in the office of the assessor.21
(3) The authority may file a single petition with the district court to expedite22
foreclosure under this Subsection listing all property subject to expedited foreclosure23
by the authority and for which the authority seeks to quiet title. If available to the24
authority, the list of properties shall include a legal description of, a tax parcel25
identification number for, and the street address of each parcel of property. The26
petition shall seek a judgment in favor of the authority against each property listed27
and shall include a date, within ninety days of filing, on which the authority requests28
a hearing on the petition. The petition shall request that a judgment be entered29 HLS 10RS-921 ORIGINAL
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vesting absolute title in the authority, without right of redemption for each parcel of1
property listed, as provided in this Paragraph. Prior to the entry of judgment under2
this Paragraph, the authority may request the court to remove property erroneously3
included in the petition or any tax delinquent properties redeemed prior to the4
hearing.5
(4) The district court in which a petition is filed under Paragraph (3) of this6
Subsection shall immediately set the date, time, and place for a hearing on the7
petition for foreclosure. The date shall be set by the court and shall not be more than8
ten days after the date requested by the authority in the petition. In no event may the9
court schedule the hearing later than ninety days after the filing of a petition by the10
authority under Paragraph (3) of this Subsection.11
(5) After completing the records search under Paragraph (2) of this12
Subsection, the authority shall determine the address or addresses reasonably13
calculated to inform those owners of a property interest in property subject to14
expedited foreclosure under this Subsection of the pendency of the quiet title and15
foreclosure hearing under Paragraph (11) of this Subsection. If, after conducting the16
title search, the authority is unable to determine an address reasonably calculated to17
inform persons with a property interest in property subject to expedited tax18
foreclosure, or if the authority discovers a deficiency in notice under this Subsection,19
the following shall be considered reasonable steps by the authority to ascertain the20
addresses of persons with a property interest in the property subject to expedited21
foreclosure or to ascertain an address necessary to correct a deficiency in notice22
under this Subsection:23
(a) For an individual, a search of records of the recorder of mortgages and24
the register of conveyances.25
(b) For a business entity, a search of business entity records filed with the26
commercial division of the Department of State.27 HLS 10RS-921 ORIGINAL
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(c) For a state or federal chartered depositary financial institution, a search1
of entity records filed with the Louisiana Office of Financial Institutions or with the2
Federal Deposit Insurance Corporation (FDIC).3
(6) Not less than thirty days before the quiet title and foreclosure hearing4
under Paragraph (11) of this Subsection, the authority shall send notice by certified5
mail, return receipt requested, of the hearing to the persons identified under6
Paragraph (2) of this Subsection who have a property interest in property subject to7
expedited foreclosure. The authority shall also send a notice via regular mail8
addressed to the "Occupant" for each property subject to expedited foreclosure if an9
address for the property is ascertainable.10
(7) Not less than thirty days before the quiet title and foreclosure hearing11
under Paragraph (11) of this Subsection, the authority or its authorized representative12
or authorized agent shall visit each parcel of property subject to expedited13
foreclosure and post on the property conspicuous notice of the hearing. In addition14
to the requirements of Paragraph (8) of this Subsection, the notice shall also include15
the following statement: "This Property has been transferred to the Lafayette Parish16
Redevelopment Authority and is subject to an expedited quiet title and foreclosure17
action. Persons with information regarding the prior owner of the property are18
requested to contact the Lafayette Parish Redevelopment Authority."19
(8) The notices required under Paragraphs (6) and (7) of this Subsection shall20
include:21
(a) The date on which the authority recorded, under Paragraph (1) of this22
Subsection, notice of the pending expedited quiet title and foreclosure action.23
(b) A statement that a person with a property interest in the property may24
lose his interest as a result of the quiet title and foreclosure hearing under Paragraph25
(11) of this Subsection.26
(c) A legal description, parcel number of the property, and the street address27
of the property, if available.28
(d) The person to whom the notice is addressed.29 HLS 10RS-921 ORIGINAL
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(e) The date and time of the hearing on the petition for foreclosure under1
Paragraph (1) of this Subsection, and a statement that the judgment of the court may2
result in title to the property vesting in the authority.3
(f) An explanation of any rights of redemption and notice that the judgment4
of the court may extinguish any ownership interest in or right to redeem the property.5
(g) The name, address, and telephone number of the authority.6
(h) A statement that persons with information regarding the owner or prior7
owner of any of the properties are requested to contact the authority.8
(9) If the authority is unable to ascertain the address reasonably calculated9
to inform the owners of a property interest entitled to notice under this Section, or10
is unable to provide notice under Paragraphs (6) and (7) of this Subsection, the11
authority shall provide notice by publication. Prior to the hearing, a notice shall be12
published for three successive weeks, once each week, in a newspaper published and13
circulated in the parish. The published notice shall include all of the following:14
(a) A legal description, parcel number of the property, and the street address15
of the property, if available.16
(b) The name of any person not notified under Paragraphs (6) and (7) of this17
Subsection that the authority reasonably believes may be entitled to notice under this18
Section of the quiet title and foreclosure hearing under Paragraph (11) of this19
Subsection.20
(c) A statement that a person with a property interest in the property may21
lose his interest as a result of the foreclosure proceeding under Paragraph (11) of this22
Subsection.23
(d) The date and time of the hearing on the petition for foreclosure under24
Paragraph (11) of this Subsection.25
(e) A statement that the judgment of the court may result in title to the26
property vesting in the authority.27
(f) An explanation of any rights of redemption and notice that judgment of28
the court may extinguish any ownership interest in or right to redeem the property.29 HLS 10RS-921 ORIGINAL
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(g) The name, address, and telephone number of the authority.1
(h) A statement that persons with information regarding the owner or prior2
owner of any of the properties are requested to contact the authority.3
(10) If prior to the quiet title and foreclosure hearing under Paragraph (11)4
of this Subsection, the authority discovers any deficiency in the provision of notice5
under this Subsection, the authority shall take reasonable steps in good faith to6
correct the deficiency before the hearing. The provisions of this Subsection relating7
to notice of the quiet title and foreclosure hearing are exclusive and exhaustive.8
Other requirements relating to notice and proof of service under other law, rule, or9
other legal requirement are not applicable to notice or proof of service under this10
Subsection.11
(11) If a petition for expedited quiet title and foreclosure is filed under12
Paragraph (3) of this Subsection, before the hearing, the authority shall file with the13
clerk of the district court proof of notice by certified mail under Paragraph (6) of this14
Subsection, proof of notice by posting on the property under Paragraph (7) of this15
Subsection, and proof of notice by publication, if applicable. A person claiming an16
interest in a parcel of property set forth in the petition for foreclosure, including a17
current holder of a conventional mortgage, who desires to contest that petition shall18
file written objections with the clerk of the district court and serve those objections19
on the authority before the date of the hearing. A holder of a conventional mortgage20
may object to the action and is entitled to a dismissal of the proceedings by the21
district court upon a showing that it is the holder of a legally enforceable22
conventional mortgage and upon payment of the outstanding amount of any liens,23
taxes, and related costs. The district court may appoint and utilize as the court24
considers necessary a curator for assistance with the resolution of any objections to25
the foreclosure or questions regarding the title to property subject to foreclosure. If26
the court withholds property from foreclosure, the authority's ability to include the27
property in a subsequent petition for expedited quiet title and foreclosure is not28
prejudiced. No injunction shall issue to stay an expedited quiet title and foreclosure29 HLS 10RS-921 ORIGINAL
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action under this Subsection. The district court shall enter judgment on a petition to1
quiet title and foreclosure filed under Paragraph (3) of this Subsection not more than2
ten days after the conclusion of the hearing or contested case, and the judgment shall3
become effective ten days after the conclusion of the hearing or contested case. The4
district court's judgment shall specify all of the following:5
(a) The legal description and, if known, the street address of the property6
foreclosed.7
(b) That title to property foreclosed by the judgment is vested absolutely in8
the authority, except as otherwise provided in Paragraphs (3) and (5) of this9
Subsection, without any further rights of redemption.10
(c) That all liens against the property, including any lien for unpaid taxes or11
special assessments, are extinguished.12
(d) That, except as otherwise provided in Subparagraph (e) of this Paragraph,13
the authority has good and marketable title to the property.14
(e) That all existing recorded and unrecorded interests in that property are15
extinguished, except a visible or recorded easement or right-of-way or private deed16
restrictions.17
(f) A finding that all persons entitled to notice and an opportunity to be heard18
have been provided that notice and opportunity. A person shall be deemed to have19
been provided notice and an opportunity to be heard if the authority followed the20
procedures for provision of notice by mail, by visits to property subject to expedited21
quiet title and foreclosure, and by publication under this Subsection, or if one or22
more of the following apply:23
(i) The person had constructive notice of the hearing by acquiring an interest24
in the property after the date of the recording, under Paragraph (1) of this Subsection,25
of the notice of pending expedited quiet title and foreclosure action.26
(ii) The person appeared at the hearing or submitted written objections to the27
district court under this Subsection prior to the hearing.28 HLS 10RS-921 ORIGINAL
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(iii) Prior to the hearing under this Paragraph, the person had actual notice1
of the hearing.2
(12) Except as otherwise provided in Subparagraph (11)(e) of this3
Subsection, title to property set forth in a petition for foreclosure filed under4
Paragraph (3) of this Subsection shall vest absolutely in the authority upon the5
effective date of the judgment by the district court, and the authority shall have6
absolute title to the property. The authority's title shall not be subject to any7
recorded or unrecorded lien, except as provided in Paragraph (11) of this Subsection,8
and shall not be stayed or held invalid, except as provided in Paragraph (13) of this9
Subsection. A judgment entered under this Subsection is a final order with respect10
to the property affected by the judgment and shall not be modified, stayed, or held11
invalid after the effective date of the judgment, except as provided in Paragraph (13)12
of this Subsection.13
(13) The authority or a person claiming to have a property interest under14
Paragraph (2) of this Subsection in property foreclosed under this Subsection may,15
within twenty-one days of the effective date of the judgment under Paragraph (11)16
of this Subsection, appeal the district court's order or the district court's judgment17
foreclosing property to the court of appeals. The appeal of the judgment shall be18
entitled to preference and priority and shall be handled on an expedited basis by the19
court of appeal and, if applicable, the Louisiana Supreme Court. In such cases, the20
record shall be prepared and filed within fifteen days of the granting of the order of21
appeal. The court of appeal shall hear the case within thirty days after the filing of22
the appellee's brief. An appeal under this Paragraph is limited to the record of the23
proceedings in the district court under this Subsection. The district court's judgment24
foreclosing property shall be stayed until the court of appeals has reversed, modified,25
or affirmed that judgment. If an appeal under this Paragraph stays the district court's26
judgment foreclosing property, the district court's judgment is stayed only as to the27
property that is the subject of that appeal, and the district court's judgment28
foreclosing other property that is not the subject of that appeal is not stayed. To29 HLS 10RS-921 ORIGINAL
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appeal the district court's judgment foreclosing property, a person appealing the1
judgment shall pay to the authority any taxes, interest, penalties, and fees due on the2
property and provide notice of the appeal to the authority within twenty-one days3
after the district court's judgment becomes effective. If the district court's judgment4
foreclosing the property is affirmed on appeal, the amount determined to be due shall5
be refunded to the person who appealed the judgment. If the district court's6
judgment foreclosing the property is reversed or modified on appeal, the authority7
shall refund the amount determined to be due to the person who appealed the8
judgment, if any, and forward the balance to the appropriate taxing jurisdictions in9
accordance with the order of the court of appeals.10
(14) The authority shall record a notice of judgment for each parcel of11
foreclosed property in the office of the register of conveyances. If the authority12
records a notice of judgment in error, the authority may subsequently record a13
certificate of correction. A notice or certificate under this Paragraph need not be14
notarized and may be authenticated by a digital signature or other electronic means.15
After the entry of a judgment foreclosing the property under this Subsection, if the16
property has not been transferred by the authority, the authority may cancel the17
foreclosure by recording with the register of conveyances a certificate of error, if the18
authority discovers any of the following:19
(a) The description of the property used in the expedited quiet title and20
foreclosure proceeding was so indefinite or erroneous that the foreclosure of the21
property was void.22
(b) An owner of an interest in the property entitled to notice of the expedited23
quiet title and proceedings against the property under this Subsection was not24
provided notice sufficient to satisfy the minimum due process requirements of the25
Constitution of Louisiana and the Constitution of the United States.26
(c) A judgment of foreclosure was entered under this Subsection in violation27
of an order issued by a United States bankruptcy court.28 HLS 10RS-921 ORIGINAL
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(15) If a judgment of foreclosure is entered under Paragraph (11) of this1
Subsection, and all existing recorded and unrecorded interests in a parcel of property2
are extinguished as provided in Paragraph (11) of this Subsection, the owner of any3
extinguished recorded or unrecorded interest in that property who claims that he did4
not receive notice of the expedited quiet title and foreclosure action shall not bring5
an action for possession of the property against any subsequent owner but may only6
bring an action to recover monetary damages from the authority as provided in this7
Paragraph. The district court has original and exclusive jurisdiction in any action to8
recover monetary damages under this Paragraph. An action to recover monetary9
damages under this Paragraph shall not be brought more than two years after a10
judgment for foreclosure is entered under Paragraph (11) of this Subsection. Any11
monetary damages recoverable under this Paragraph shall be determined as of the12
date a judgment for foreclosure is entered under Paragraph (11) of this Subsection13
and shall not exceed the fair market value of the interest in the property held by the14
person bringing the action under this Subsection on that date, less any taxes, interest,15
penalties, and fees owed on the property as of that date. The right to sue for16
monetary damages under this Paragraph shall not be transferable except by testate17
or intestate succession.18
(16) The owner of a property interest with notice of the quiet title and19
foreclosure hearing under Paragraph (11) of this Subsection may not assert any of20
the following:21
(a) That notice to the owner was insufficient or inadequate in any way22
because some other owner of a property interest in the property was not notified.23
(b) That any right to redeem tax reverted property was extended in any way24
because some other person was not notified.25
(17) A person holding or formerly holding an interest in tax reverted26
property subject to expedited foreclosure under this Subsection is barred from27
questioning the validity of the expedited foreclosure under this Subsection.28 HLS 10RS-921 ORIGINAL
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(18) The failure of the authority to comply with any provision of this1
Subsection shall not invalidate any proceeding under this Subsection if a person with2
a property interest in property subject to foreclosure was accorded the minimum due3
process required under the Constitution of Louisiana and the Constitution of the4
United States.5
(19) It is the intent of the legislature that the provisions of this Subsection6
relating to the expedited quiet title and foreclosure of property by the authority7
satisfy the minimum requirements of due process required under the Constitution of8
Louisiana and the Constitution of the United States but that the provisions do not9
create new rights beyond those required under the Constitution of Louisiana or the10
Constitution of the United States. The failure of the authority to follow a11
requirement of this Section relating to the expedited quiet title and foreclosure of12
property held by the authority shall not be construed to create a claim or cause of13
action against the authority unless the minimum requirements of due process14
accorded under the Constitution of Louisiana or the Constitution of the United States15
are violated.16
(20) As used in this Subsection, "authorized representative" includes one or17
more of the following:18
(a) A title insurance company or agent licensed to conduct business in this19
state.20
(b) An attorney licensed to practice law in this state.21
(c) A person accredited in land title search procedures by a nationally22
recognized organization in the field of land title searching.23
(d) A person with demonstrated experience in the field of searching land title24
records, as determined by the authority.25
(21) As used in this Subsection, "district court" shall mean the Fifteenth26
Judicial District Court.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 HLS 10RS-921 ORIGINAL
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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)]
Robideaux HB No. 1104
Abstract: Creates the Lafayette Parish 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 Lafayette Parish 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 Lafayette Parish, including the territory
comprising the municipalities of Broussard, Carencro, Duson, Scott, and Youngsville.
Authorizes the governing authority of each municipality to opt out of being included within
the territorial boundaries of the district. Provides that the authority shall be activated and
implemented by the city-parish governing authority recognizing and confirming the
appointment of the initial five members of the board.
Proposed law provides that the Lafayette Parish Redevelopment Authority shall be governed
by a five-member board of commissioners, referred to as the "board" in proposed law,
appointed as follows:
(1)One member appointed by the governing board of the Community Foundation of
Acadiana.
(2)One member appointed by the governing board of the Greater Lafayette Chamber of
Commerce.
(3)Three members appointed by the city-parish president of the Lafayette City-Parish
Consolidated Government.
Proposed law requires that all appointments be confirmed by the governing authority of
Lafayette Parish. 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 Lafayette Parish 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. HLS 10RS-921 ORIGINAL
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are additions.
Proposed law provides that each board member shall serve 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.
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 $50,000.
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. HLS 10RS-921 ORIGINAL
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(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
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. HLS 10RS-921 ORIGINAL
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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 parish 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.
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 HLS 10RS-921 ORIGINAL
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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 it is attempting to seize. 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:
(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 Lafayette Parish.
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. HLS 10RS-921 ORIGINAL
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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
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
noticeof 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:4720.201)