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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 congress to the state of Louisiana known13
as 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 of19
the State Land Office to be sufficient to cover the expense of advertising as evidence20 HLS 10RS-1601 ENGROSSED
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of good faith. Should the applicant at the sale provided for in this Chapter fail to1
purchase the land, then the money so deposited shall be returned to him; provided2
that should no one at the sale bid up to the minimum price stipulated in this Chapter,3
then the money shall be 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 of the State Land20
Office may conduct such a sale by utilizing sealed bids. The sale may be confected21
to the highest bidder at a price not less than ninety percent of the appraised value;22
however, prior to such a sale, the department Register of the State Land Office shall23
advise the division of administration and the House Committee on Natural Resources24
and Environment and Senate Committee on Natural Resources of its reasons for25
utilizing sealed bids to dispose of the property.26
§135.Disposition of proceeds of sale27
A. The sheriff making the sale shall deduct therefrom the expenses of28
advertising and his commission which shall be two percent of the amount of the bid,29 HLS 10RS-1601 ENGROSSED
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provided that this commission shall not exceed fifty dollars for any one day's1
adjudication. Except as otherwise agreed by the holders of statutory impositions and2
governmental liens, all proceeds from the sale of adjudicated property after3
deduction of the costs of the sale shall be paid pro rata to those holders, and except4
for the sale of property belonging to the Board of Commissioners of the Orleans5
Levee District, the balance of the monies derived from the sale shall be forwarded6
to the Department of Natural Resources Register of the State Land Office for deposit7
in the state treasury without delay, together with a certified statement showing the8
amount of the bid, the expenditure for advertising, and the amount withheld by him9
as commission. The balance of the monies derived from the sale of property10
belonging to the Board of Commissioners of the Orleans Levee District shall be11
forwarded directly to the Board of Commissioners of the Orleans Levee District for12
deposit in that board's bank accounts without delay, together with a certified13
statement showing the amount of the bid, the expenditure for advertising, and the14
amount withheld by him as commission. The levee district shall not sell any15
property located in the Bohemia Spillway.16
B. The sheriff shall at the same time forward to the Register of the State Land17
Office a process verbal of the sale wherein he shall give a correct description of the18
property sold with the recital of the acts performed by him in effecting the sale, the19
amount of the purchase price received, the expense of advertising, the amount of his20
commission, and the amount in cash being forwarded to the Department of Natural21
Resources Register of the State Land Office.22
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§1338.Transfers of property acquired by the state or political subdivision;24
exemptions25
A.26
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(2) The provisions of this Section shall not apply to the following:28
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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 La., 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 of the State Land Office 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))