Louisiana House Bill HB310

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10

Caption

(Constitutional Amendment) Prohibits state agencies and political subdivisions from entering into cooperative endeavors with the federal government to provide funding for the taking or damaging of lands for wetlands mitigation

Impact

If enacted, this bill would amend Article VII, Section 14(C) of the Louisiana Constitution, ensuring that the state and its local governments could not collaborate with federal authorities in a manner that obligates them to sacrifice public resources for property removal tied to wetlands compensation. The effect of this restriction would be significant, especially as it would prevent any financial cooperation that leads to land expropriation for environmental remediation purposes, potentially affecting state interests in major development projects.

Summary

House Bill 310 proposes a constitutional amendment that seeks to prohibit state and its political subdivisions from entering into cooperative endeavors with the federal government that would involve the use of state or local funds for the expropriation of land aimed at compensatory mitigation of wetlands or natural habitats. This legislative move is geared towards safeguarding property rights while also tackling the conservation and protection of wetland environments from the impacts of state or federally mandated projects that may damage these areas.

Sentiment

The sentiment around HB 310 appears to be mixed. Supporters argue that protecting property rights is fundamental and that the bill will prevent unnecessary and potentially harmful government overreach in matters of land use. Conversely, environmental advocates have raised concerns that limiting cooperative efforts may hinder critical wetland conservation efforts, particularly those necessary for compliance with federal environmental regulations.

Contention

Notable points of contention include the balance of property rights versus environmental protection. Critics of the bill worry that it could limit the state's ability to respond effectively to environmental damage caused by private or state-sanctioned development initiatives. As a result, there are fears that this amendment could lead to greater environmental degradation and challenges in managing Louisiana's wetlands, which are vital for ecological health and resilience.