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Coding: Words which are struck through are deletions from existing law;
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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), (D) and (E) and R.S. 49:220.10, relative to housing needs in2
declared disaster areas as a result of hurricanes Katrina and Rita; to provide with3
respect to Road Home Program applicants whose claims were denied because of4
unresolved succession and inheritance issues; to provide certain terms, conditions,5
and procedures; to provide relative to disbursal of certain funding; to provide for an6
effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:600.66(C), (D) and (E) are hereby enacted to read as follows: 9
§600.66. Powers and responsibilities of the Road Home Corporation and the10
Louisiana Land Trust11
* * *12
C. (1) Notwithstanding any other provision of law to the contrary, those13
Road Home applicants whose claims were denied because of unresolved14
succession or inheritance issues shall be awarded a Road Home grant, together15
with a covenant restriction filed against the property to reserve the rights of the16
Road Home Corporation, or its successor in interest, for any claims arising in17 SB NO. 747
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favor of the Road Home Corporation against the applicant subsequent to the1
awarding of the grant. The covenant restriction shall be satisfied and removed2
upon the occurrence of either of the following:3
(a) The signing of a judgment of possession in favor of the Road Home4
grant recipient subject to the covenant restriction.5
(b) The sale or transfer of the property subject to the covenant6
restriction by the Road Home grant recipient in which the purchaser, heir, or7
beneficiary receiving the property executes a mortgage in favor of the Road8
Home Corporation, or secures a mortgage from a third party and repays the9
Road Home Corporation the amount of the Road Home grant received for the10
property.11
(2) The Road Home Corporation, or its successor in interest, is12
authorized to investigate annually the ownership status of property subject to13
the provisions of Paragraph (1) of this Subsection, in order to protect its14
financial interest in the property improved with funds from the Road Home15
grant program.16
D. Road Home funding for those applicants listed in Subsection C of this17
Section shall only be dispensed in accordance with revised program rules for the18
Road Home Program, as reflected in a duly amended Action Plan approved by19
the United States Department of Housing and Urban Development. In the event20
that the United States Department of Housing and Urban Development does not21
approve such amended Action Plan authorizing the use of funds in accordance22
with the provisions of Subsection C of this Section and of R.S. 49:220.10, those23
provisions shall be with effect.24
E. Nothing in either Subsection C of this Section or of R.S. 49:220.1025
shall be deemed to create any right or cause of action.26
Section 2. R.S. 49:220.10 is hereby enacted to read as follows:27
§ 220.10. Claims of certain Road Home Program applicants28
A. Notwithstanding any other provision of law to the contrary, those29 SB NO. 747
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Road Home applicants whose claims were denied because of unresolved1
succession or inheritance issues shall be awarded a Road Home grant, together2
with a covenant restriction filed against the property to reserve the rights of the3
Road Home Corporation, or its successor in interest, for any claims arising in4
favor of the Road Home Corporation against the applicant subsequent to the5
awarding of the grant. The covenant restriction shall be satisfied and removed6
upon the occurrence of either of the following:7
(1) The signing of a judgment of possession in favor of the Road Home8
grant recipient subject to the covenant restriction.9
(2) The sale or transfer of the property subject to the covenant10
restriction by the Road Home grant recipient in which the purchaser, heir, or11
beneficiary receiving the property executes a mortgage in favor of the Road12
Home Corporation, or secures a mortgage from a third party and repays the13
Road Home Corporation the amount of the Road Home grant received for the14
property.15
B. The Road Home Corporation, or its successor in interest, is16
authorized to investigate annually the ownership status of property subject to17
the provisions of Subsection A of this Section, in order to protect its financial18
interest in the property improved with funds from the Road Home grant19
program.20
Section 3. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 SB NO. 747
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The original instrument was prepared by Thomas F. Wade. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Jackson (SB 747)
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)The signing of a judgment of possession in favor of the Road Home grant recipient
subject to the covenant restriction.
(2) The 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.
Proposed law provides that the disbursal of such funds shall be in accordance with the
revised program rules for the Road Home program, as reflected in a duly amended Action
Plan approved by the United States Dept. of Housing & Urban Development. Further
provides that if the Action Plan is not approved, certain provisions of proposed law shall be
with effect.
Proposed law also specifies that nothing in proposed law shall be deemed to create any right
or cause of action.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:600.66(C), (D), and (E) and R.S. 49:220.10)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Adds the provision which provides for the terms, conditions, and procedures
regarding the disbursal of such funds.
2. Specifies that nothing in the provisions of proposed law shall be deemed to
create any right or cause of action.
3. Technical amendments.