Louisiana 2011 2011 1st Special Session

Louisiana Senate Bill SB18 Introduced / Bill

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First Extraordinary Session, 2011
SENATE BILL NO. 18
BY SENATOR CLAITOR 
CENSUS. Provides relative to provisions in Title 48 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics.
AN ACT1
To amend and reenact R.S. 48:711 and 719, relative to provisions of Title 48 (Roads,2
Bridges, and Ferries) of the Louisiana Revised Statutes of 1950, which are limited3
in applicability to certain political subdivisions or local areas based upon population4
classifications; to specify applicability to one or more political subdivisions or local5
areas; to repeal provisions that are outdated or obsolete; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 48:711 and 719 are hereby amended and reenacted to read as9
follows: 10
§711. Authorization to dispose of immovable property; 	parishes of over 325,000;11
parishes of East Baton Rouge, Jefferson, and St. Tammany Parish;12
city cities of Baton Rouge, New Orleans and Slidell; municipalities13
of Jefferson Parish14
Upon a determination by the governing authority of 	any parish having a15
population in excess of three hundred twenty-f ive thousand persons, the parish of16
Orleans excepted the parishes of East Baton Rouge , Jefferson, or St. Tammany,17 SB NO. 18
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the cities of Baton Rouge, New Orleans, or Slidell, or the municipalities in the1
parish of Jefferson, to the effect that any immovable property owned by the parish2
or municipality or title to which is in the public, including but without limitation,3
streets, roads, and alleys, is no longer needed for public use, the same may be4
disposed of in the manner provided in this Part.  The provisions of this Part shall also5
be applicable with respect to the parish of St. Tammany, the city of Slidell, and the6
municipalities in the parish of Jefferson.7
*          *          *8
§719.  Applicability; aAlternative procedure9
A. This Part shall apply only to those parishes having a population in excess10
of three hundred twenty-five thousand persons according to the official United States11
Census of 1970, excluding the parish of Orleans, the parish of St. Tammany, and the12
city of Slidell. It shall be construed as affording an alternative procedure to that set13
forth in R.S. 33:4711, 4712, 4717, 4718, and 4719, and shall supersede the14
provisions of R.S. 48:701 through 704 insofar as such parishes and municipalities.15
having a population in excess of three hundred twenty-five thousand persons are16
concerned, excluding the parish of Orleans , the parish of St. Tammany, and the city17
of Slidell.18
B. This Part shall apply to cities having a population in excess of two19
hundred fifteen thousand persons, which are located within a parish having a20
population in excess of three hundred seventy-five thousand persons according to the21
official United States Census of 1990. It shall be construed as affording an22
alternative procedure to that set forth in R.S. 33:4711, 4712, 4717, 4718, and 4719,23
and shall supersede the provisions of R.S. 48:701 through 704 insofar as cities24
having a population in excess of two hundred fifteen thousand persons, which are25
located within a parish having a population in excess of three hundred seventy-five26
thousand persons.27 SB NO. 18
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law, based upon population applicable to any parish having a population in excess
of 325,000 persons, Orleans excepted, authorizes disposal, pursuant to Part V-A. Sale or
Exchange of Roads and Streets, of Chapter 2 of Title 48, of any immovable property owned
by a parish or title to which is in the public, including without limitation, streets, roads, and
alleys, upon determination that said immovable property is no longer needed for public use.
Present law, based on population [2000 census], applies to the parishes of East Baton Rouge
and Jefferson.
Present law also applies by name to the parish of St. Tammany, the city of Slidell and the
municipalities in Jefferson Parish.
Present law provides that Part V-A. Sale or Exchange of Roads and Streets, of Chapter 2 of
Title 48, applies only to parishes having a population in excess of 325,000 according to the
1970 census [Jefferson Parish], Orleans excluded, St. Tammany Parish, and the city of
Slidell. Present law is an alternative procedure to that set forth in R.S. 33:4711, 4712, 4717,
4718, and 4719, and supersedes provisions of R.S. 48:701 through 704 in said parishes and
the city of Slidell.
Present law provides that Part V-A. Sale or Exchange of Roads and Streets, of Chapter 2 of
Title 48, applies to cities having a population in excess of 215,000 located within a parish
having a population in excess of 375,000 according to the 1990 census [cities of Baton
Rouge and New Orleans]. Present law is an alternative procedure to that set forth in R.S.
33:4711, 4712, 4717, 4718, and 4719, and supersedes provisions of R.S. 48:701 through 704
in said cities.
Proposed law, contained in Title 48 (Roads, Bridges, and Ferries) of the Louisiana Revised
Statutes of 1950, legislates with regard to classifications of parishes, municipalities, or other
political subdivisions or local areas according to population by enacting local bills to limit
the application of laws based upon specific classifications to one or more parishes,
municipalities, or other political subdivisions or local areas, and by repealing certain
provisions based upon certain population classification ranges, as follows:
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 48:711 Any parish having a
population in excess of
325,000, except Orleans
Parish, and specifically
by name the parish of St.
Tammany, city of
Slidell, and
municipalities in parish
of Jefferson.
East Baton
Rouge,
Jefferson, and
St. Tammany
Parishes; city
of Slidell, and
municipalities
in parish of
Jefferson.
East Baton
Rouge,
Jefferson, and
St. Tammany
Parishes;
cities of
Baton Rouge,
New Orleans,
and Slidell;
municipalities
in parish of
Jefferson. SB NO. 18
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R.S. 48:719 (A) Alternative procedure
applicable only to
parishes having a
population in excess of
325,000 according to
1970 census, the parish
of Orleans excluded, the
parish of St. Tammany,
and the city of Slidell.
Jefferson and
St. Tammany
Parishes; city
of Slidell
East Baton
Rouge,
Jefferson, and
St. Tammany
parishes;
cities of
Baton Rouge,
New Orleans
and Slidell;
municipalities
in Jefferson
Parish.
R.S. 48:719 (B) Alternative procedure
applicable to cities
having a population in
excess of 215,000
located within a parish
having a population in
excess of 375,000
according to 1990
census.
Cities of Baton
Rouge and
New Orleans
Repeal
Proposed law clarifies and limits authorization provided in present law to specific parishes
and municipalities.
(Amends R.S. 48:711 and 719)