HLS 11RS-155 REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 58
BY REPRESENTATIVES LIGI AND WILLMOTT AND SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC LANDS/STATE: Authorizes the lease of certain water bottoms and reclaimed
lands in Jefferson Parish
AN ACT1
To authorize and provide for the lease of certain state property; to authorize the lease of2
certain water bottoms and reclaimed lands in Jefferson Parish; to provide for3
reservation of mineral rights; to provide for terms and conditions; to provide for an4
effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The commissioner of the division of administration, notwithstanding any7
other provision of law to the contrary, is hereby authorized and empowered to lease any8
interest, excluding mineral rights, the state may have to all or any portion or part of the bed9
and bottom of Lake Pontchartrain within Jefferson Parish and contiguous with the city of10
Kenner, or lands reclaimed therefrom within the geographical territory encompassed by the11
city of Kenner that is directly adjacent to Lake Pontchartrain or a part thereof, the bed and12
bottom thereof, or reclaimed lands thereof to the city of Kenner for use for public purposes13
which shall include commercial, economic development, and recreational purposes.14
Section 2. The commissioner of the division of administration is hereby authorized15
to enter into such agreements, covenants, conditions, and stipulations and to execute such16
documents as necessary to properly effectuate any lease, excluding mineral rights, to the17
property described in Section 1, and as more specifically described in any such agreements18
entered into and documents executed by and between the commissioner of the division of19
administration and the city of Kenner, in exchange of consideration proportionate to the20
appraised value of the lease of such property. Further, such lease shall authorize the city of21 HLS 11RS-155 REENGROSSED
HB NO. 58
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Kenner to place improvements in and on the leased property and may assign or sublease1
such lease. Any lease, assignment, or sublease granted or authorized hereunder shall be2
subject to the provisions of R.S. 49:214.6.10. In the event of such assignment or sublease,3
the city of Kenner shall supervise its sublessee or assignee to ensure that the terms and4
conditions of the original lease are observed. Such assignment or sublease shall be only to5
the highest responsible bidder after advertisement in accordance with R.S. 41:1213 through6
1215.1. Any sublease or assignment by the city of Kenner for commercial, economic7
development, or recreational purpose shall be considered a public purpose. However, no8
such lease or sublease shall negatively impact hurricane and flood protection for the parish9
of Jefferson.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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)]
Ligi HB No. 58
Authorizes the lease of certain water bottoms and reclaimed lands in Jefferson Parish from
the division of administration to the city of Kenner. Provides for the reservation of mineral
rights to the state. Authorizes the city of Kenner to place improvements on leased lands and
to sublease or assign the lease.
Provides that any lease, assignment, or sublease granted or authorized by proposed law shall
be subject to present law holding the state and its political subdivisions harmless for actions
taken to construct, operate, or maintain integrated coastal protection.
Provides that no lease or sublease authorized by proposed law shall negatively impact
hurricane and flood protection for Jefferson Parish.
Effective upon signature of governor or lapse of time for gubernatorial action. HLS 11RS-155 REENGROSSED
HB NO. 58
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Provided that the public purpose of the lease between the city of Kenner and the
division of administration includes commercial, economic development, and
recreational purposes.
2. Provided that no lease or sublease authorized by proposed law shall negatively
impact hurricane and flood protection for Jefferson Parish.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added that any lease, assignment, or sublease granted or authorized by proposed
law shall be subject to present law holding the state and its political subdivisions
harmless for actions taken to construct, operate, or maintain integrated coastal
protection.