Louisiana 2011 2011 Regular Session

Louisiana Senate Bill SB119 Introduced / Bill

                    SLS 11RS-170	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 119
BY SENATOR PERRY 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC LANDS.  Provides relative to leases of public lands.  (6/23/11)
AN ACT1
To amend and reenact R.S. 41:1216, relative to leases of public lands; to provide for certain2
provisions regarding leases on public lands; to exempt lands administered, controlled3
or managed by the Department of Wildlife and Fisheries from certain restrictions on4
public leases; to provide terms, conditions, and requirements; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R. S. 41:1216 is hereby amended and reenacted to read as follows: 8
ยง1216.  Restrictions of area, number, and transfer of leases; subleases 9
A.(1) In order to allow the individual lessee to lease lands from the state in10
preference to syndicated landholders or corporations, no lease shall cover a larger11
area than six hundred forty acres of public land, which area must be contiguous. No12
lessee may own more than one such lease at one time.13
(2) The provisions of Paragraph (1) of this Subsection shall not apply to14
leases of lands administered, controlled or managed by the Department of15
Wildlife and Fisheries.16
B. All leases made under the terms of this Part shall be heritable, but may not17 SB NO. 119
SLS 11RS-170	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
be mortgaged, pledged, hypothecated, subjected to seizure and sale, subleased,1
transferred, or assigned, except as provided in Subsection B C of this Section.2
BC. Subject to the prior written approval of the lessor, as defined in R.S.3
41:1211, or its successor in office, all leases made under the terms of this Part may4
be subleased, transferred, or assigned by the original lessee, his sublessees, heirs, or5
assigns, and likewise may be mortgaged, pledged, hypothecated, or subjected to6
seizure and sale. The lessor is authorized to permit such transfers of leases upon7
such terms and conditions as it may deem proper, provided that said sublessees,8
transferees, assignees, mortgagees, or pledgees are entitled to the same rights and9
privileges as were granted by the lessor to the original lessee and specifically those10
granted to the original lessee under the provisions of R.S. 41:1222(A).  The lessor11
is directed to collect a fee of ten dollars for the privilege of permitting such transfers,12
said fee to be paid into the general fund of the state.13
Section 2. This Act shall become effective on June 23, 2011.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Present law provides that in order to allow the individual lessee to lease lands from the state
in preference to syndicated landholders or corporations, no lease will cover a larger area than
640 acres of public land, which area must be contiguous.  Further provides that no lessee
may own more than one such lease at one time.
Proposed law provides that provisions of present law will not apply to leases of lands
administered, controlled or managed by the DW&F.
Effective June 23, 2011.
(Amends R.S. 41:1216)