HLS 10RS-1601 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 842
BY REPRESENTATIVE DOVE
PROPERTY/PUBLIC: Provides relative to the sale of state lands adjudicated to the state
for nonpayment of taxes
AN ACT1
To amend and reenact R.S. 41:131, 133, 134(D), and 135 and to enact R.S.2
41:1338(A)(2)(c), relative to sale of public lands; to provide for the sale of property3
adjudicated to the state for nonpayment of taxes for the years 1880 through 1973; to4
provide for the advertisement of sale of property adjudicated to the state; and to5
provide for the disposition of proceeds from the sale of property adjudicated to the6
state; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 41:131, 133, 134(D), and 135 are hereby amended and reenacted and9
R.S. 41:1338(A)(2)(c) is hereby enacted to read as follows:10
§131.Application to enter or purchase11
When any person desires to enter or purchase lands belonging to the state,12
including public lands donated by Congress to the state of Louisiana known as13
swamp and overflowed lands, internal improvements, swamp indemnity lands, or14
dried lake lands, or to similar lands of any levee board thereof, and properties15
adjudicated to the state for nonpayment of taxes during tax years 1880 through 1973,16
he shall make application to purchase, and deposit with the Register of the State17
Land Office, or in the case of lands of any levee board, with the president of the18
levee board, the sum of thirty-five dollars an amount determined by the Register to19
be sufficient to cover the expense of advertising as evidence of good faith. Should20 HLS 10RS-1601 ORIGINAL
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the applicant at the sale provided for in this Chapter fail to purchase the land, then1
the money so deposited shall be returned to him; provided that should no one at the2
sale bid up to the minimum price stipulated in this Chapter, then the money shall be3
retained to pay the expense of the sale. 4
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§133.Advertisement6
The Register of the State Land Office or the president of the levee board, as7
the case may be, shall cause to be published for thirty days in the official journal of8
the state and in the official journal of the parish where the land is located, an9
advertisement setting forth the description of the land, and the time, place, and terms10
of the sale, and in the case of adjudicated properties, the name of the tax debtor and11
the year for which taxes were not paid. He may also require that the land shall be12
sold in lots of forty acres. In no case shall lands be sold in tracts exceeding quarter13
sections.14
§134.Sale; minimum prices15
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D. Notwithstanding any provisions of law, or this Section, when the17
Department of Natural Resources Register of the State Land Office determines that18
the disposition of state-owned immovable property by sheriff sale is not in the best19
interest of the state, the Department of Natural Resources Register may conduct such20
a sale by utilizing sealed bids. The sale may be confected to the highest bidder at a21
price not less than ninety percent of the appraised value; however, prior to such a22
sale, the department Register shall advise the division of administration and the23
House Committee on Natural Resources and Environment and Senate Committee on24
Natural Resources of its reasons for utilizing sealed bids to dispose of the property.25
§135.Disposition of proceeds of sale26
A. The sheriff making the sale shall deduct therefrom the expenses of27
advertising and his commission which shall be two percent of the amount of the bid,28
provided that this commission shall not exceed fifty dollars for any one day's29 HLS 10RS-1601 ORIGINAL
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adjudication. Except as otherwise agreed by the holders of statutory impositions and1
governmental liens, all proceeds from the sale of adjudicated property after2
deduction of the costs of the sale shall be paid pro rata to those holders, and except3
for the sale of property belonging to the Board of Commissioners of the Orleans4
Levee District, the balance of the monies derived from the sale shall be forwarded5
to the Department of Natural Resources Register of the State Land Office for deposit6
in the state treasury without delay, together with a certified statement showing the7
amount of the bid, the expenditure for advertising, and the amount withheld by him8
as commission. The balance of the monies derived from the sale of property9
belonging to the Board of Commissioners of the Orleans Levee District shall be10
forwarded directly to the Board of Commissioners of the Orleans Levee District for11
deposit in that board's bank accounts without delay, together with a certified12
statement showing the amount of the bid, the expenditure for advertising, and the13
amount withheld by him as commission. The levee district shall not sell any14
property located in the Bohemia Spillway.15
B. The sheriff shall at the same time forward to the Register of the State Land16
Office a process verbal of the sale wherein he shall give a correct description of the17
property sold with the recital of the acts performed by him in effecting the sale, the18
amount of the purchase price received, the expense of advertising, the amount of his19
commission, and the amount in cash being forwarded to the Department of Natural20
Resources Register of the State Land Office.21
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§1338.Transfers of property acquired by the state or political subdivision;23
exemptions24
A.25
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(2) The provisions of this Section shall not apply to the following:27
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(c) The sale of property adjudicated to the state for nonpayment of taxes in1
tax years 1880 through 1973.2
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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)]
Dove HB No. 842
Abstract: Provides for procedures for sale of property adjudicated to the state for
nonpayment of taxes for tax years 1880 through 1973.
Present law provides that whenever a person wants to purchase lands belonging to the state
of Louisiana, he shall apply to the State Land Office to do so. Requires a $35 deposit as
evidence of good faith. Proposed law specifically includes properties adjudicated to the state
for nonpayment of taxes between 1880 and 1973 and provides that the good faith deposit
shall be an amount determined by the Register of the State Land Office to be sufficient to
pay the cost of advertising the property.
Present law requires the Register to publish for 30 days in the official journal of the state and
of the parish in which the property is located the description of the land and the time, place,
and terms of the sale. Proposed law further provides that for properties adjudicated to the
state, the advertisement includes the name of the tax debtor and the year for which the taxes
were not paid.
Present law authorizes the sheriff to deduct the cost of advertising and a commission from
the amount of the bid. Proposed law provides that all proceeds from the sale of adjudicated
property, after deduction for costs of the sale, shall be paid pro rata to holders of statutory
imposition and governmental liens.
Present law provides that prior to the sale of any property acquired by the state, the state
shall offer the property back to the property owner from which it was acquired. Provides
certain exemptions. Proposed law further exempts property adjudicated to the state for
nonpayment of taxes for tax years 1880 through 1973.
Present law references the Dept. of Natural Resources where the responsibility for tasks
currently resides with the State Land Office. Proposed law makes those technical
corrections.
(Amends R.S. 41:131, 133, 134(D), and 135; Adds R.S. 41:1338(A)(2)(c))