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ACT No. 5
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.
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
Kenner to place improvements in and on the leased property and may assign or sublease22
such lease. Any lease, assignment, or sublease granted or authorized hereunder shall be23
subject to the provisions of R.S. 49:214.6.10. In the event of such assignment or sublease,24
the city of Kenner shall supervise its sublessee or assignee to ensure that the terms and25 ENROLLEDHB NO. 58
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conditions of the original lease are observed. Such assignment or sublease shall be only to1
the highest responsible bidder after advertisement in accordance with R.S. 41:1213 through2
1215.1. Any sublease or assignment by the city of Kenner for commercial, economic3
development, or recreational purpose shall be considered a public purpose. However, no4
such lease or sublease shall negatively impact hurricane and flood protection for the parish5
of Jefferson.6
Section 3. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: