HLS 11RS-718 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 423
BY REPRESENTATIVES HOWARD AND SMI LEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WATERWAYS/RIVERS: Provides relative to acquisition of property for wetlands
mitigation associated with the Comite River Diversion Project
AN ACT1
To amend and reenact R.S. 49:214.6.3(B)(5), relative to wetlands mitigation; to authorize2
the acquisition of property for wetlands mitigation associated with the Comite River3
Diversion Project, Amite River and Tributaries, Louisiana project under certain4
conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:214.6.3(B)(5) is hereby amended and reenacted to read as7
follows:8
ยง214.6.3. Functions and responsibilities; hurricane protection and flood control9
* * *10
B. Office of Coastal Protection and Restoration duties and responsibilities11
regarding hurricane protection and flood control:12
* * *13
(5)(a) No funds of the state nor of any political subdivision or political14
corporation of the state shall be used nor provided to the United States or any of its15
agencies, by contract, agreement, a required contribution of a project cost-share or16
otherwise, for the expropriation of property Property acquired by the state or any17
political subdivision or political corporation of the state or the United States or any18
of its agencies, by contract, agreement, required project cost-share, or otherwise, for19
the purpose of compensatory mitigation of wetlands or other natural habitat, as20 HLS 11RS-718 ORIGINAL
HB NO. 423
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authorized or required by state or federal law, to offset, compensate, or replace actual1
or anticipated damages to or loss of wetlands or other natural habitat caused by the2
Comite River Diversion Project, Amite River and Tributaries, Louisiana, shall be3
subject to a conservation servitude under the provisions of R.S. 9:1271 et seq.4
However, the provisions of this Paragraph shall not apply where such funds are to5
be used to obtain property voluntarily offered for compensatory mitigation purposes,6
including but not limited to mitigation banking.7
(b) When land is acquired from any person for mitigation associated with the8
Comite River Diversion Project, Amite River and Tributaries, Louisiana, such9
acquisition shall be only the minimum real property interest in said property that is10
necessary to support or fulfill the mitigation requirements of the project or project11
agreements, or that which is necessary to comply with any applicable state or federal12
statutes, laws, rules, or regulations.13
(c) Upon acquisition of the mitigation land in full ownership, a conservation14
easement shall be imposed on such land for the purpose of retaining or protecting15
fish and wildlife mitigation lands, ecosystems, restorations, and other environmental16
purposes. Further, the conservation servitude shall prohibit recreational activities on17
the areas acquired for mitigation purposes but shall not restrict such activities on the18
existing channels of the Comite River, the Amite River, or their tributaries; however,19
the conservation servitude shall grant to any property owner from whom only a20
portion of his property has been acquired for such purpose, authority to traverse such21
formerly owned property in order to gain access to the Comite River. Such servitude22
of passage shall be limited to property owners who transfer a portion of their23
property for mitigation purposes. Such servitude of passage shall not be heritable24
nor subject to transfer. The conservation servitude shall be subject to a permanent25
easement, servitude, right-of-way, or right-of-use as necessary to facilitate the26
principal purpose of acquisition of the property, including but not limited to the27
operation, maintenance, repair, replacement, restoration, and rehabilitation of the28 HLS 11RS-718 ORIGINAL
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mitigation area by the state or any of its political subdivisions, or the federal1
government pursuant to state or federal law.2
(d) The provisions of this Paragraph shall not apply in cases where property3
is acquired through a mitigation bank for purposes of compensatory mitigation.4
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)]
Howard HB No. 423
Abstract: Provides relative to acquisition of property for wetlands mitigation associated
with the Comite River Diversion Project.
Present law prohibits funds of the state nor of any political subdivision or political
corporation of the state being used nor provided to the U.S. or any of its agencies, by
contract, agreement, a required contribution of a project cost-share, or otherwise, for the
expropriation of property for the purpose of wetlands mitigation in association with the
Comite River Diversion Project.
Proposed law provides that if property is acquired for compensatory wetlands mitigation in
association with the Comite River Diversion Project, such acquisition shall be only the
minimum real property interest necessary to fulfill the wetlands mitigation requirement of
the existing project agreement with the Corps of Engineers.
Further requires a conservation servitude to be imposed on any property so acquired with
such servitude to retain or protect fish and wildlife mitigation lands, ecosystems,
restorations, or other environmental purposes. Provides that the conservation servitude shall
prohibit recreational activities on the area acquired but shall not restrict such activities on
the existing channels of the Comite River. Provides that the conservation servitude grant
passage to the Comite River for any property owner whose property has been acquired for
these purposes. The servitude of passage shall not be heritable nor subject to transfer. It shall
be subject to a permanent easement, servitude, right-of-way or right-of-use necessary for the
state, a political subdivision of the state, or an agency of the federal government to operate,
maintain, repair, or restore the mitigation area.
Proposed law further provides that these provisions are not applicable to property acquired
through a mitigation bank.
(Amends R.S. 49:214.6.3(B)(5))