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Regular Session, 2011
HOUSE BILL NO. 330
BY REPRESENTATIVE LITTLE AND SENATOR WALSWORTH
MUNICIPALITIES: Provides relative to the powers and duties of the city of Bastrop with
respect to expropriation of property and to acquisition and operation of utilities
AN ACT1
To amend and reenact Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular2
Session of the Legislature, as amended by Act No. 540 of the 1954 Regular Session3
of the Legislature, Act No. 16 of the 1968 1st Extraordinary Session of the4
Legislature, and Act No. 623 of the 2010 Regular Session of the Legislature and5
Paragraph (15) of Section 5 of Act No. 253 of the 1952 Regular Session of the6
Legislature, as amended by Act No. 623 of the 2010 Regular Session of the7
Legislature, relative to Bastrop; to provide relative to the acquisition and alienation8
of property, including the removal of "quick take" expropriation authority and9
authority to exchange property; to provide relative to the acquisition and operation10
of utilities including the types of utility property that may be acquired and operated11
by the city and the removal of "quick take" expropriation authority with respect to12
utility property; to require voter approval of contracts for erection, purchase, or13
maintenance and operation of utilities; and to provide for related matters.14
Notice of intention to introduce this Act has been published15
as provided by Article III, Section 13 of the Constitution of16
Louisiana.17
Be it enacted by the Legislature of Louisiana:18
Section 1. Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular Session19
of the Legislature, as amended by Act No. 540 of the 1954 Regular Session of the20 HB NO. 330
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Legislature, Act No. 16 of the 1968 1st Extraordinary Session of the Legislature, and Act1
No. 623 of the 2010 Regular Session of the Legislature and Paragraph (15) of Section 5 of2
Act No. 253 of the 1952 Regular Session of the Legislature as amended by Act No. 623 of3
the 2010 Regular Session of the Legislature are hereby amended and reenacted to read as4
follows:5
Section 5. Enumerated powers. In addition to the powers and capacities6
granted by other Sections of this Act, the city of Bastrop shall have power:7
* * *8
(6) Acquisition and alienation of property. To acquire for any municipal9
purpose ownership of or a lesser interest in or to property within or without the city's10
boundaries by expropriation, quick taking, its boundaries by purchase, gift, devise,11
lease, or exchange expropriation and to hold, manage, control, exchange and sell or12
lease such property as its interest may appear; . provided that However, no real estate13
shall be sold by the city except at public sale by sealed bid or public auction, and14
nothing shall prohibit the exchange of real estate. The procedures procedure for15
expropriation and for quick taking shall be as provided for by law.16
* * *17
(15) Waterworks, electric plants, and gas plants, and utilities. To erect,18
purchase, expropriate, take, quick take, maintain, and operate waterworks, electric19
plants, and gas plants, and public utility services within or without its corporate20
limits, with the pipe and transmission lines and other methods of delivery incident21
thereto, for the purpose of supplying water, gas, and electricity, communication,22
data, electronic media and other or like public utility services within or without the23
city's boundaries; to charge and collect compensation therefor, and to provide24
penalties for unauthorized use thereof; or to contract with any person for the erection25
and/or maintenance and operation of waterworks, electric plants, or gas plants, or26
utility services for terms not exceeding twenty-five years and subject to regulation27
and fixing of rates by the city or the public service commission as provided by law.28
No contract for the erection, purchase, or maintenance and operation of waterworks,29 HB NO. 330
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electric plants, or gas plants shall be entered into until submitted to a vote of the1
qualified electors and approved by a majority of those voting.2
* * *3
Section 2. With respect to any petition for a declaration of taking filed by the city4
of Bastrop pursuant to Section 1 of Act No. 623 of the 2010 Regular Session of the5
Legislature, no court shall issue an order declaring that property has been taken pursuant to6
such a petition after the effective date of this Act. Any monies deposited in the registry of7
the court pursuant to such a petition shall be returned to the city.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Little HB No. 330
Abstract: Removes "quick take" expropriation authority of Bastrop with respect to property
generally and to certain utility property; requires voter approval of utility contracts.
Present law (Act No. 253 of 1952 R.S.) creates and provides by special legislative charter
for the city of Bastrop. Defines the boundaries, provides for the administration of its affairs,
and provides relative to the powers and duties of the city and its officers.
Present law includes within the powers and duties of the city the power to acquire for any
municipal purpose ownership of property. Authorizes the city to acquire such property by
expropriation, purchase, gift, devise, or lease. Authorizes the city to hold, manage, control,
and sell or lease any such property. Proposed law retains present law.
Present law additionally grants the city quick take powers and authorizes the city to acquire
and dispose of property by exchange. Proposed law removes present law.
Present law prohibits the sale of real estate except at public sale by sealed bid or public
auction. Proposed law retains requirement for public sale but removes specifications
regarding sealed bid or public auction.
Present law authorizes the city to erect, purchase, expropriate, maintain, and operate
waterworks, electric plants, and gas plants inside or outside the city limits, including the pipe
and transmission lines incident thereto. Proposed law retains present law. Present law HB NO. 330
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authorizes the city to erect, acquire, and operate other public utility services and other
methods of delivery. Proposed law removes present law.
Present law authorizes the city to take and quick take waterworks, electric plants, and gas
plants and public utility services. Proposed law removes present law.
Present law authorizes the acquisition of utility services for the purpose of supplying
communication, data, electronic media, and other or like public utility services. Proposed
law removes present law.
Present law authorizes the city, for the purpose of supplying water, gas, and electricity, to
charge and collect compensation for any such purpose and to provide penalties for
unauthorized use of water, gas, and electricity. Proposed law retains present law.
Present law authorizes the city to contract with any person for the erection, maintenance, and
operation of waterworks, electric plants, or gas plants for terms not exceeding 25 years and
subject to regulation and fixing of rates by the city or the public service commission as
provided by law. Proposed law retains present law.
Present law authorizes the city to enter into such contracts for any utility services. Proposed
law removes present law.
Proposed law provides that no contract for the erection, purchase, or maintenance and
operation of waterworks, electric plants, or gas plants can be entered into until submitted to
a vote of the qualified electors and approved by a majority of those voting.
Prohibits any court, after the effective date of proposed law, from issuing an order declaring
property taken if the petition for such order was filed by the city of Bastrop pursuant to Act
No. 623 of the 2010 R.S. (the Act which granted Bastrop the "quick take" authority removed
by proposed law). Requires return of money deposited with the court pursuant to such a
petition.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Para. (6) and (15) of ยง5 of Act No. 253 of the 1952 R.S. as amended)