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Regular Session, 2010
SENATE BILL NO. 747
BY SENATOR JACKSON
FUNDS/FUNDING. Provides that applicants for Road Home grants who were denied
because of unresolved succession/heirship issues be given a grant subject to a covenant
restriction filed against the property. (gov sig)
AN ACT1
To enact R.S. 40:600.66(C) and R.S. 49:220.10, relative to housing needs in declared2
disaster areas as a result of hurricanes Katrina and Rita; to provide with respect to3
Road Home Program applicants whose claims were denied because of unresolved4
succession and inheritance issues; to provide for an effective date; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:600.66(C) is hereby enacted to read as follows: 8
§600.66. Powers and responsibilities of the Road Home Corporation and the9
Louisiana Land Trust10
* * *11
C. (1) Notwithstanding any other provision of law to the contrary, those12
Road Home applicants whose claims were denied because of unresolved13
succession or inheritance issues shall be awarded a Road Home grant, together14
with a covenant restriction filed against the property to reserve the rights of the15
Road Home Corporation, or its successor in interest, for any claims arising in16
favor of the Road Home Corporation against the applicant subsequent to the17 SB NO. 747
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
awarding of the grant. The covenant restriction shall be satisfied and removed1
upon the occurrence of either of the following:2
(a) Upon signing of a judgment of possession in favor of the Road Home3
grant recipient subject to the covenant restriction.4
(b) Upon sale or transfer of the property subject to the covenant5
restriction by the Road Home grant recipient in which the purchaser, heir, or6
beneficiary receiving the property executes a mortgage in favor of the Road7
Home Corporation, or secures a mortgage from a third party and repays the8
Road Home Corporation the amount of the Road Home grant received for the9
property.10
(2) The Road Home Corporation, or its successor in interest, is11
authorized to investigate annually the ownership status of property subject to12
the provisions of Paragraph (1) of this Subsection, in order to protect its13
financial interest in the property improved with funds from the Road Home14
grant program.15
Section 2. R.S. 49:220.10 is hereby enacted to read as follows:16
§ 220.10. Claims of certain Road Home Program applicants17
A. Notwithstanding any other provision of law to the contrary, those18
Road Home applicants whose claims were denied because of unresolved19
succession or inheritance issues shall be awarded a Road Home grant, together20
with a covenant restriction filed against the property to reserve the rights of the21
Road Home Corporation, or its successor in interest, for any claims arising in22
favor of the Road Home Corporation against the applicant subsequent to the23
awarding of the grant. The covenant restriction shall be satisfied and removed24
upon the occurrence of either of the following:25
(1) Upon signing of a judgment of possession in favor of the Road Home26
grant recipient subject to the covenant restriction.27
(2) Upon sale or transfer of the property subject to the covenant28
restriction by the Road Home grant recipient in which the purchaser, heir, or29 SB NO. 747
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
beneficiary receiving the property executes a mortgage in favor of the Road1
Home Corporation, or secures a mortgage from a third party and repays the2
Road Home Corporation the amount of the Road Home grant received for the3
property.4
B. The Road Home Corporation, or its successor in interest, is5
authorized to investigate annually the ownership status of property subject to6
the provisions of Subsection A of this Section, in order to protect its financial7
interest in the property improved with funds from the Road Home grant8
program.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas F. Wade.
DIGEST
Proposed law provides for those Road Home applicants whose claims were denied because
of unresolved succession or inheritance issues, and provides for the awarding of a Road
Home grant, together with a covenant restriction filed against the property to reserve the
rights of the Road Home Corporation, or its successor in interest, for any claims arising in
favor of the Road Home Corporation against the applicant subsequent to the awarding of the
grant.
Provides that the covenant restriction shall be satisfied and removed upon the occurrence of
either of the following:
(1)Upon signing of a judgment of possession in favor of the Road Home grant recipient
subject to the covenant restriction.
(2) Upon sale or transfer of the property subject to the covenant restriction by the Road
Home grant recipient in which the purchaser, heir, or beneficiary receiving the
property executes a mortgage in favor of the Road Home Corporation, or secures a
mortgage from a third party and repays the Road Home Corporation the amount of
the Road Home grant received for the property.
Proposed law further provides that the Road Home Corporation, or its successor in interest,
is authorized to investigate annually the ownership status of property subject to the
provisions of proposed law, in order to protect its financial interest in the property improved
with funds from the Road Home grant program. SB NO. 747
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:600.66(C) and R.S. 49:220.10)