HLS 11RS-931 ORIGINAL
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 476
BY REPRESENTATIVE TIM BURNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY/PUBLIC: Relative to the Bohemia Spillway
AN ACT1
To amend and reenact Sections 1 and 2 of Act No. 233 of the 1984 Regular Session of the2
Legislature, amended by Act No. 847 of the 1992 Regular Session of the Legislature,3
Act No. 1364 of the 1997 Regular Session of the Legislature, Act No. 1378 of the4
1999 Regular Session of the Legislature, and Act No. 130 of the 2005 Regular5
Session of the Legislature, relative to the Bohemia spillway; to provide for payment6
by the Board of Commissioners of the Orleans Levee District or its successor in7
interest to the certified owner or his successor for mineral revenues received by the8
Board of Commissioners of the Orleans Levee District from such property after June9
29, 1984; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Section 1 and 2 of Act No. 233 of the 1984 Regular Session of the12
Legislature, as amended by Act No. 847 of the 1992 Regular Session of the Legislature, Act13
No. 1364 of the 1997 Regular Session of the Legislature, Act No. 1378 of the 1999 Regular14
Session of the Legislature, and Act No. 130 of the 2005 Regular Session of the Legislature,15
are hereby amended and reenacted to read as follows:16
Section 1. (1) Pursuant to authority of Louisiana Constitution Article VII,17
Section 14(B), the legislature hereby declares that the public and necessary purpose18
set forth in Act No. 99 of 1924, which may have originally supported the acquisition19
of property, or any right of ownership thereto, on the east bank of the Mississippi20 HLS 11RS-931 ORIGINAL
HB NO. 476
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
River in the parish of Plaquemines for the construction of a spillway, known as the1
Bohemia Spillway, has ceased to exist insofar as it ever may have affected the2
ownership of property, including all mineral rights and revenues. The legislature3
recognizes the following:4
(a) In accordance with previous Acts of the legislature, the Department of5
Natural Resources, the "department", has provided over the last twenty twenty-six6
years written certification to the Board of Levee Commissioners of the Orleans7
Levee District of the names and fractional interests as determined by the department8
of all owners of the property and mineral rights and/or the successors of such9
owners, from whom property was acquired by expropriation, or by purchase under10
threat of expropriation, or by purchase between January 1, 1924, and December 31,11
1932. Such certification also included all owners and/or successors to such owners12
whether or not they had fully complied with the department's rules and regulations.13
(b)(i) The Board of Levee Commissioners of the Orleans Levee District, the14
"board", has returned those interests by quitclaim deeds filed in the conveyance15
records of Plaquemines Parish, Louisiana as certified by the Department of Natural16
Resources.17
(ii) Upon determining additional interests through claims filed, certain18
previously certified claims would be rescinded by the department and re-certified to19
include new or a new division of fractional interests, whereby the board would20
rescind the previously recorded quitclaim deeds and reissue new deeds to reflect the21
newly certified interest as tendered by the department.22
(iii) The board has settled all claims of members of the class established in23
the matter of 'Haspel and Davis, Milling and Planting, Co., Ltd., et al. vs. Board of24
Levee Commissioners' Docket No. 31-357 of the 25
th
Judicial District Court for the25
Parish of Plaquemines with respect to the mineral revenues owned by the class26
members, by judgment dated December 11, 2000, and the settlement agreement27
homologated therein, the "judgment", and the board has made partial payments of28
amounts owned under the judgment.29 HLS 11RS-931 ORIGINAL
HB NO. 476
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(iv) The board intends to make additional payments to satisfy its obligations1
under the judgment.2
(v)(iv) Certain title disputes have arisen between owners of record and new3
claimants.4
(vi)(v) All revenues ordered returned by the legislature to all existing owners5
of record have been paid or are being settled in the current fiscal year by the board.6
(vii)(vi) Where disputed titles exist the board has suspended payments until7
those claims have been litigated.8
Section 2.(1) In order to bring this massive project to an end Effective June9
22, 2005, the legislature hereby orders ordered the following:10
(a) Within thirty days of final passage of this Act June 22, 2005, the board11
shall place a final advertisement in the official journals of the parishes of Jefferson,12
Orleans, Plaquemines, and St. Bernard giving notice that anyone claiming ownership13
of property within the Bohemia Spillway shall make a formal application to the14
Department of Natural Resources to be certified as owner or as a successor of the15
owner for the return of such property.16
(b) Any claims for the return of property within the Bohemia Spillway shall17
be filed with the department on or before June 30, 2007, for determination of18
certification as an owner or successor to such owner.19
(c) After conveyance of property by the board to any owner who has been20
certified by the department, the board shall contact such owners within thirty days21
to negotiate a final settlement for the payment of mineral revenues received by the22
board after June 29, 1984.23
(d) No property or mineral rights provided for in this Act shall be required24
to be returned to any person who has not filed a claim with the department for25
certification as an owner by June 30, 2007.26
(e)(i) All conveyances to owners or successors of owners of property, whose27
interest were certified by the department, were made in good faith and without28
warranty by the board.29 HLS 11RS-931 ORIGINAL
HB NO. 476
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) There shall be no cause or right of action against the board or the1
department as to any interest involving title to any property certified by the2
department and conveyed by the board to the record owner pursuant to certification3
by the department nor shall the board be made a party to such litigation to resolve4
the title dispute.5
(iii) If an award of a title interest in property located in the Bohemia6
Spillway is rendered in favor of a third party against the record owner who has7
received mineral revenues paid directly by the board under the judgment, then any8
claim for payment of such revenues shall be included as part of the judgment against9
the record owner only and the board shall not be a party to such judgment nor shall10
the board be liable for payment under such judgment. After the end of the time11
period for filing claims, the third party litigant shall have no cause or right of action12
against the board for payment of mineral revenues formerly paid or paid13
prospectively to the owner of record pursuant to this Act.14
(2) In order to bring closure to the settlement agreement between the board15
and the members of the class homologated more than ten years ago in the judgment16
rendered in the matter of 'Haspel and Davis, Milling and Planting, Co., Ltd., et al.17
vs. Board of Levee Commissioners' Docket No. 31-357 of the 25
th
Judicial District18
Court for the Parish of Plaquemines, the legislature hereby orders the following:19
(a) The board, and/or its successor in interest, shall return the unpaid balance20
of mineral revenues owed to the class members' class under the judgment.21
(b) In addition, the board, and/or its successor in interest, shall pay interest22
on the unpaid balance of the judgment from the date of the judgment until paid.23
(c) The rate of such interest shall be the annual, average interest rate earned24
by the board, or its successor in interest, on its income-producing investments during25
the same time period as determined by the legislative auditor. If the legislative26
auditor is unable or cannot calculate the interest rate for any past or future time27
period, then the interest shall be the annual legal interest rate for that time period.28 HLS 11RS-931 ORIGINAL
HB NO. 476
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) Payment on the unpaid balance of the judgment, and interest thereon,1
shall be made by July 1, 2020; however, the board shall make all reasonable efforts2
to complete payments earlier than that date.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Tim Burns HB No. 476
Abstract: Provides for the return of the unpaid balance of mineral revenues and the interest
on the unpaid balance for a certain class action judgment regarding the Bohemia
Spillway. Further provides for the interest rate and the calculation of interest in the
event the previous interest rate cannot be calculated. Provides for a deadline for
payment.
Present law provides that the legislature recognizes that the Dept. of Natural Resources
provided over the last 20 years, written certification to the Board of Commissioners of the
Orleans Levee District (OLD) of all names of property owners and/or successors of such
owners and fractional interests in mineral rights from the acquired by expropriation, or threat
of expropriation between Jan. 1, 1924, and Dec. 31, 1932.
Proposed law retains present law, except that it changes the number of years the department
provided the written certification to the board of commissioners of the OLD from 20 years
to 26 years.
Present law provides that the legislature recognizes that the board settled all claims of
members of the class established in the Bohemia Spillway case by judgment dated Dec. 11,
2000, and the settlement agreement homologated in the judgment, and has made partial
payments of amounts owed under the judgment.
Proposed law retains present law, except that it adds a provision to specify that the
settlement of claims are with respect to the mineral revenues owned by the class members.
Present law provides that the legislature recognizes that the board intends to make additional
payments to satisfy its obligations under the judgment.
Proposed law deletes this provision of present law.
Present law provides that in order to bring this massive project to an end the legislature
orders certain requirements by the board. HLS 11RS-931 ORIGINAL
HB NO. 476
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that effective June 22, 2005, the legislature ordered certain
requirements by the board.
Present law provides that within 30 days of the final passage of the enactment of present law,
the board place a final advertisement in the official journals of the parishes of Jefferson,
Orleans, Plaquemines, and St. Bernard giving notice that anyone claiming ownership of
property within the Bohemia Spillway shall make a formal application to the Dept. of
Natural Resources to be certified as owner or as a successor of the owner for the return of
such property.
Proposed law retains present law, except that it provides the enactment date of June 22,
2005.
Proposed law provides that to bring closure to the settlement agreement between the board
and the members of the class in the Bohemia Spillway judgment, the legislature orders the
following:
(1)The board, and/or its successor in interest, shall return the unpaid balance of mineral
revenues owed to the class members' class under the judgment.
(2)The board, and/or its successor in interest, shall pay interest on the unpaid balance
of the judgment from the date of the judgment until paid.
(3)The rate of such interest shall be the annual, average interest rate earned by the
board, or its successor in interest, on its income-producing investments during the
same time period as determined by the legislative auditor. If the legislative auditor
is unable or cannot calculate the interest rate for any past or future time period, then
the interest shall be the annual legal interest rate for that time period.
(4)Payment on the unpaid balance of the judgment, and interest thereon, shall be made
by July 1, 2020; however, the board shall make all reasonable efforts to complete
payments earlier than that date.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends ยงยง1 and 2 of Act No. 233 of the 1984 R.S., amended by Act No. 847 of the 1992
R.S., Act No. 1364 of the 1997 R.S., Act No. 1378 of the 1999 R.S., and Act No. 130 of the
2005 R.S.)