ENROLLED
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ACT No. 392
Regular Session, 2010
HOUSE BILL NO. 876
BY REPRESENTATIVES ST. GERMAIN AND DOVE AND SENATOR N.
GAUTREAUX
AN ACT1
To amend and reenact R.S. 56:427(A) and 428(B), relative to oyster leases; to delineate2
responsibility for obtaining a survey of the lease area; to provide relative to a lease3
application fee; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 56:427(A) and 428(B) are hereby amended and reenacted to read as6
follows:7
§427. Initial application for lease8
A. Any person who qualifies under this Subpart and who desires to lease a9
part of the bottom or bed of any of the waters of this state as provided in this Subpart10
shall present to the secretary a written application, with a cash deposit of such11
amount as is determined by the department. and pay an application fee set by the12
commission. This application shall contain the name and address of the applicant13
and a reasonably definite description of the location and amount of land covered by14
water desired by the applicant. The applicant shall ask that the application be15
registered, that the water bottom be surveyed, that a plan or map of survey thereof16
be made, and that the water bottom described be leased to the applicant under the17
provisions of this Subpart. The department shall then register the application, shall18
order an examination to determine whether the water bottoms applied for are19
leasable, and shall determine the basis upon which the rental of the lease shall be20
fixed. If the area is found to be leasable, a survey and plan shall be made at the21
expense of the applicant, at a fee to be fixed by the commission. The expense shall22 ENROLLEDHB NO. 876
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be paid by the applicant to the department in compensation for the services of1
making the survey, at the time the survey is made. the applicant shall submit to the2
department a survey of the area for which the application was submitted. Such3
survey shall have been conducted in accordance with the standards required by the4
department. The application shall remain in effect and valid until such time as the5
survey is complete. If the application is favorably acted upon, the secretary may, at6
his option, execute a lease for the water bottoms to the applicant as soon as the7
survey has been made, and the plan or map thereof has been filed with the8
department, and the costs have been paid by the applicant.9
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§428. Commencement and duration of lease; renewal; fixing of rental rates11
* * *12
B. The secretary has sixty days from the date of expiration of a lease to13
execute a renewal lease. If a renewal lease is not executed within this sixty-day14
period, the lease is automatically renewed. In either situation, the fifteen-year period15
of the renewal lease shall begin on the first day following the expiration date of the16
prior lease, and the renewal lease shall be assigned the same number used for the17
prior lease with the addition of a designation to indicate which year the lease was18
renewed. A If a leaseholder wishes to change the configuration of his lease in19
accordance with the department's rules governing leased areas, a resurvey and plan20
of the water bottom included in a renewal lease shall be made by the department at21
the expense of the leaseholder in accordance with the standards required by the22
department and at the fee set by the commission and a copy supplied to the23
department. This resurvey and plan may be made subsequent to the beginning date24
of a renewal lease. The expense of the resurvey and plan shall be paid by the25
leaseholder in compensation for the services of making the resurvey at the time the26
resurvey is made. The The department may resurvey any lease for potential conflicts27
with department rules and regulations. If the department determines that a resurvey28 ENROLLEDHB NO. 876
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will be conducted, the leaseholder shall be given ten days written notice of the1
scheduled resurvey by the department and may be present at the resurvey.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: