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First Extraordinary Session, 2011
SENATE BILL NO. 9
BY SENATOR QUINN
CENSUS. Provides relative to provisions in Title 9 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics.
AN ACT1
To amend and reenact R.S. 9:1149.4(C)(1), 2901, 2921, 5625(C), (D), and (F), and2
5633(A)(1), relative to provisions of Title 9 (Civil Code - Ancillaries) of the3
Louisiana Revised Statutes of 1950, which are limited in applicability to certain4
political subdivisions or local areas based upon population classifications; to specify5
applicability to one or more political subdivisions or local areas; to adjust population6
categories to retain applicability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:1149.4(C)(1), 2901, 2921, 5625(C), (D), and (F), and 5633(A)(1)9
are hereby amended and reenacted to read as follows: 10
§1149.4. Immobilization11
* * *12
C.(1) Notwithstanding any other law to the contrary, no action to collect a13
tax applicable to movables which is purported to be due or became due on any14
purchase made on or after September 1, 2005, through December 31, 2006, of any15
manufactured home used solely as residential housing in the following parishes with16
the following populations according to the most recent federal decennial census17 SB NO. 9
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which have been severely impacted by hurricanes Hurricanes Katrina and Rita shall1
be initiated or continued, if the basis of such action is the date upon which the2
declaration of immovability provided for in Subsection A of this Section is recorded3
in the conveyance or mortgage records:4
(a) Any parish with a population between nine thousand eight hundred and5
ten thousand five hundred forty The parishes of St. Helena and Cameron.6
(b) Any parish with a population between fifteen thousand and fifteen7
thousand two hundred The parish of West Feliciana.8
(c) Any parish with a population between twenty-one thousand and twenty-9
one thousand two hundred forty The parish of St. James.10
(d) Any parish with a population between twenty-one thousand three11
hundred and twenty-two thousand seven hundred eighty The parishes of East12
Feliciana, Point Coupee, and West Baton Rouge.13
(e) Any parish with a population between twenty-three thousand three14
hundred and twenty-five thousand four hundred seventy The parishes of Allen,15
Assumption, and Sabine.16
(f) Any parish with a population between twenty-six thousand and twenty-17
eight thousand The parish of Plaquemines.18
(g) Any parish with a population between thirty-one thousand two hundred19
and thirty-six thousand The parishes of Beauregard, Evangeline, Iberville, and20
Jefferson Davis.21
(h) Any parish with a population between forty-three thousand and ninety-22
two thousand The parishes of Acadia, Ascension, Iberia, Lafourche, Livingston,23
St. Bernard, St. Charles, St. John the Baptist, St. Landry, St. Martin, St. Mary,24
Vermilion, Vernon, and Washington.25
(i) Any parish with a population between ninety-nine thousand five hundred26
and one hundred ten thousand The parishes of Tangipahoa and Terrebonne.27
(j) Any parish with a population between one hundred sixty thousand and28
two hundred thousand The parishes of Calcasieu, Lafayette, and St. Tammany.29 SB NO. 9
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(k) Any parish with a population over four hundred ten thousand The1
parishes of East Baton Rouge, Jefferson, and Orleans.2
* * *3
§2901. Payment of taxes prior to transfer of real property4
Any party to an act conveying real property located in this state outside the5
limits of any municipal corporation having a population of over three hundred6
thousand inhabitants the city of New Orleans may obtain a certificate showing7
whether the state, parish, municipal, and levee district taxes due thereon, except8
those for the year in which the conveyance takes place, have been paid.9
* * *10
§2921. Payment of taxes and past due charges for local improvement assessments11
prior to transfer of real property12
No public officer shall execute, pass, or acknowledge any act conveying real13
property located within the limits of any municipal corporation in this state having14
a population of over three hundred thousand inhabitants the city of New Orleans15
unless the state, parish, municipal, and levee district taxes due thereon and the past16
due charges for local improvement assessments due thereon are paid.17
* * *18
§5625. Violation of zoning restriction, building restriction, or subdivision regulation19
* * *20
C. Notwithstanding the provisions of Subsection A of this Section, the21
following provisions shall be applicable only to any parish, municipality, or its22
instrumentality having a population over three hundred twenty-five thousand the23
parishes of East Baton Rouge and Jefferson or their instrumentalities. All24
actions, civil or criminal, created by statute, ordinance, or otherwise, except those25
actions created for the purpose of amortization of nonconforming signs and26
billboards enacted in conformity with the provisions of R.S. 33:4722, which may be27
brought by such parishes, municipalities, or their instrumentalities or by any person,28
firm, or corporation to require enforcement of and compliance with any zoning29 SB NO. 9
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restriction, building restriction, or subdivision regulation, imposed by any such1
parish, municipality, or their instrumentalities, and based upon the violation by any2
person, firm, or corporation of such restriction or regulation, must be brought within3
three years from the date such parish, municipality, or its properly authorized4
instrumentality or agency, if such agency has been designated, received actual notice5
in writing of such violation, and except for violations of use regulations, all such6
actions, civil or criminal, must be brought within five years from the date of the first7
act constituting the commission of the violation. However, in a parish having a8
population of over three hundred twenty-five thousand but not more than four9
hundred thousand the parish of East Baton Rouge, and municipalities included10
within such parish, all actions, civil or criminal, for violations of use regulations11
must be brought within five years from the date of the first act constituting the12
commission of the violation.13
D. In a parish or municipality having a population of over three hundred14
twenty-five thousand the parishes of East Baton Rouge and Jefferson, in cases15
where the parish, municipality, or its instrumentality, after receiving notification of16
violation, institutes an investigation or other administrative or judicial proceeding in17
order to seek a cessation of the violation and during the course of such investigation18
or proceeding makes the determination that the violation has in fact ceased,19
prescription shall be interrupted and if any recurrence or new violation commences20
thereafter, prescription will begin to accrue anew upon the date the parish,21
municipality, or its properly authorized instrumentality or agency, if such agency has22
been designated, receives actual notice in writing of such recurrence or new23
violation. Except for violations of use regulations, all such actions, civil or criminal,24
must be brought within five years from the date of the recurrence or new act25
constituting the commission of the violation. However, in a parish having a26
population of over three hundred twenty-five thousand but not more than four27
hundred thousand the parish of East Baton Rouge, and municipalities included28
within such parish, all actions, civil or criminal, for violations of use regulations29 SB NO. 9
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must be brought within five years from the date of the first act constituting the1
commission of the violation.2
* * *3
F. The provisions of Subsections C and D of this Section shall not apply in4
parishes or municipalities having a population exceeding four hundred seventy-five5
thousand the parish of Orleans or the city of New Orleans.6
* * *7
§5633. Blighted property; acquisitive prescription8
A. Ownership of an immovable may be acquired by the prescription of three9
years without the need of just title or possession in good faith. The requirements for10
the acquisitive prescription of three years are as follows:11
(1) The land and all improvements thereon shall be located in a municipality12
having a population of four hundred seventy three hundred thousand or more,13
according to the latest federal decennial census, and shall have been declared or14
certified blighted after an administrative hearing, pursuant to R.S. 13:2575 or 2576.15
* * *16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Proposed law, contained in Title 9 (Civil Code - Ancillaries) 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 adjusting the population
ranges affected by the 2010 census, as follows: SB NO. 9
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CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S.
9:1149.4(C)(1) -
Immobilization
Parishes with
populations between:
(a) 9,800 and 10,540
(b) 15,000 and 15,200
(c) 21,000 and 21,240
(d) 21,300 and 22,780
(e) 23,300 and 25,470
(f) 26,000 and 28,000
(g) 31,200 and 36,000
(h) 43,000 and 92,000
(i) 99,500 and 110,000
(j) 160,000 and
200,000
and
(k) Parishes with
populations over
410,000
Parishes of:
(a) St. Helena and
Cameron
(b) West Feliciana
(c) St. James
(d) East Feliciana,
Point Coupee, and
West Baton Rouge
(e) Allen,
Assumption, and
Sabine
(f) Plaquemines
(g) Beauregard,
Evangeline,
Iberville, and
Jefferson Davis
(h) Acadia,
Ascension, Iberia,
Lafourche,
Livingston, St.
Bernard, St.
Charles, St. John
the Baptist, St.
Landry, St.
Martin, St. Mary,
Vermilion,
Vernon, and
Washington
(i) Tangipahoa and
Terrebonne
(j) Calcasieu,
Lafayette, and St.
Tammany
and
(k) East Baton
Rouge, Jefferson,
and Orleans
(all 2000 census)
Parishes of:
(a) St. Helena and
Cameron
(b) West Feliciana
(c) St. James
(d) East Feliciana,
Point Coupee, and
West Baton Rouge
(e) Allen,
Assumption, and
Sabine
(f) Plaquemines
(g) Beauregard,
Evangeline,
Iberville, and
Jefferson Davis
(h) Acadia,
Ascension, Iberia,
Lafourche,
Livingston, St.
Bernard, St.
Charles, St. John
the Baptist, St.
Landry, St.
Martin, St. Mary,
Vermilion,
Vernon, and
Washington
(i) Tangipahoa and
Terrebonne
(j) Calcasieu,
Lafayette, and St.
Tammany
and
(k) East Baton
Rouge, Jefferson,
and Orleans SB NO. 9
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R.S. 9:2901 -
Payment of taxes
prior to transfer
of real property
A municipal
corporation with a
population 300,000+
City of New
Orleans
(1970, 1980, 1990,
2000 census)
City of New
Orleans
R.S. 9:2921 -
Payment of taxes
and past due
charges
A municipal
corporation with a
population of 300,000+
City of New
Orleans
(1930 - 2000
census)
City of New
Orleans
R.S. 9:5625(C),
(D), and (F) -
Violation of
zoning
restriction,
building
restriction, or
subdivision
regulation
(C) & (D) - A parish,
municipality, or its
instrumentality having
population of
325,000+, with limited
exception for a parish
with a population of
325,000 - 400,000
(F) - Excludes from
(C) & (D) any parish or
municipality having a
population of 475,000+
(C) & (D) -
Parishes of East
Baton Rouge, and
Jefferson, with a
limited exception
for the parish of
East Baton Rouge
(both 1990, 2000
census)
(F) - Excludes the
city of New
Orleans and parish
of Orleans from
(C) & (D) (1990,
2000 census)
(C) & (D) -
Parishes of East
Baton Rouge, and
Jefferson, with a
limited exception
for the parish of
East Baton Rouge
(F) - Excludes the
City of New
Orleans and Parish
of Orleans from
(C) & (D)
R.S.
9:5633(A)(1) -
Blighted property
A municipality having
a population of
470,000+
City of New
Orleans
(1970, 1980, 1990,
2000 census)
A municipality
having a
population of
300,000+
(Amends R.S. 9:1149.4(C)(1), 2901, 2921, 5625(C), (D), and (F), and 5633(A)(1))