ENROLLED
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ACT No. 282
Regular Session, 2010
HOUSE BILL NO. 842
BY REPRESENTATIVE DOVE
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 state land17
office, or in the case of lands of any levee board, with the president of the levee18
board, the sum of thirty-five dollars an amount determined by the register of the state19
land office to be sufficient to cover the expense of advertising as evidence of good20
faith. Should the applicant at the sale provided for in this Chapter fail to purchase21
the land, then the money so deposited shall be returned to him; provided that should22 ENROLLEDHB NO. 842
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no one at the sale bid up to the minimum price stipulated in this Chapter, then the1
money shall be retained to pay the expense of the sale. 2
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§133. Advertisement4
The register of the state land office or the president of the levee board, as the5
case may be, shall cause to be published for thirty days in the official journal of the6
state and in the official journal of the parish where the land is located, an7
advertisement setting forth the description of the land, and the time, place, and terms8
of the sale, and in the case of adjudicated properties, the name of the tax debtor and9
the year for which taxes were not paid. He may also require that the land shall be10
sold in lots of forty acres. In no case shall lands be sold in tracts exceeding quarter11
sections.12
§134. Sale; minimum prices13
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D. Notwithstanding any provisions of law, or this Section, when the15
Department of Natural Resources register of the state land office determines that the16
disposition of state-owned immovable property by sheriff sale is not in the best17
interest of the state, the Department of Natural Resources register of the state land18
office may conduct such a sale by utilizing sealed bids. The sale may be confected19
to the highest bidder at a price not less than ninety percent of the appraised value;20
however, prior to such a sale, the department register of the state land office shall21
advise the division of administration and the House Committee on Natural Resources22
and Environment and Senate Committee on Natural Resources of its reasons for23
utilizing sealed bids to dispose of the property.24
§135. Disposition of proceeds of sale25
A. The sheriff making the sale shall deduct therefrom the expenses of26
advertising and his commission which shall be two percent of the amount of the bid,27
provided that this commission shall not exceed fifty dollars for any one day's28 ENROLLEDHB NO. 842
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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 proces 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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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: