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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 ENROLLED
SENATE BILL NO. 42
BY SENATOR WALSWORTH AND REPRESENTATI VE LITTLE
AN ACT1
To amend and reenact Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular2
Session of the Legislature, as amended by Act No. 540 of the 1954 Regular Session3
of the Legislature, Act No. 16 of the 1968 1st Extraordinary Session of the4
Legislature, and Act No. 623 of the 2010 Regular Session of the Legislature and5
Paragraph (15) of Section 5 of Act No. 253 of the 1952 Regular Session of the6
Legislature, as amended by Act No. 623 of the 2010 Regular Session of the7
Legislature, relative to Bastrop; to provide relative to the acquisition and alienation8
of property, including the removal of "quick take" expropriation authority and9
authority to exchange property; to provide relative to the acquisition and operation10
of utilities including the types of utility property that may be acquired and operated11
by the city and the removal of "quick take" expropriation authority with respect to12
utility property; to require voter approval of contracts for erection, purchase, or13
maintenance and operation of utilities; and to provide for related matters.14
Notice of intention to introduce this Act has been published.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Paragraph (6) of Section 5 of Act No. 253 of the 1952 Regular Session of the17
Legislature, as amended by Act No. 540 of the 1954 Regular Session of the Legislature, Act18
No. 16 of the 1968 1st Extraordinary Session of the Legislature, and Act No. 623 of the 201019
Regular Session of the Legislature and Paragraph (15) of Section 5 of Act No. 253 of the20
1952 Regular Session of the Legislature as amended by Act No. 623 of the 2010 Regular21
Session of the Legislature are hereby amended and reenacted to read as follows:22 SB NO. 42 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 5. Enumerated powers. In addition to the powers and capacities1
granted by other Sections of this Act, the city of Bastrop shall have power:2
* * *3
(6)(a) Acquisition and alienation of property. To acquire for any municipal4
purpose ownership of or a lesser interest in or to property within or without the city's5
boundaries by expropriation, quick taking, its boundaries by purchase, gift, devise,6
lease, or exchange expropriation and to hold, manage, control, exchange and sell7
or lease such property as its interest may appear; . provided that However, no real8
estate shall be sold by the city except at public sale by sealed bid or public auction,9
and nothing shall prohibit the exchange of real estate. The procedures procedure10
for expropriation and for quick taking shall be as provided for by law.11
(b) In addition to the authority granted in Subparagraph (a) of this12
Paragraph, the city shall have the power to acquire property for roads by quick13
taking for any municipal purpose.14
* * *15
(15) Waterworks, electric plants, and gas plants, and utilities. To erect,16
purchase, expropriate, take, quick take, maintain, and operate waterworks, electric17
plants, and gas plants, and public utility services within or without its corporate18
limits, with the pipe and transmission lines and other methods of delivery incident19
thereto, for the purpose of supplying water, gas, and electricity, communication,20
data, electronic media and other or like public utility services within or without the21
city's boundaries; to charge and collect compensation therefor, and to provide22
penalties for unauthorized use thereof; or to contract with any person for the erection23
and/or maintenance and operation of waterworks, electric plants, or gas plants, or24
utility services for terms not exceeding twenty-five years and subject to regulation25
and fixing of rates by the city or the public service commission as provided by law.26
No contract for the erection, purchase, or maintenance and operation of27
waterworks, electric plants, or gas plants shall be entered into until submitted28
to a vote of the qualified electors and approved by a majority of those voting.29
* * *30 SB NO. 42 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. With respect to any petition for a declaration of taking filed by the1
city of Bastrop pursuant to Section 1 of Act No. 623 of the 2010 Regular Session of2
the Legislature, no court shall issue an order declaring that property has been taken3
pursuant to such a petition after the effective date of this Act. Any monies deposited4
in the registry of the court pursuant to such a petition shall be returned to the city.5
Section 3. This Act shall become effective upon signature by the governor6
or, if not signed by the governor, upon expiration of the time for bills to become law7
without signature by the governor, as provided by Article III, Section 18 of the8
Constitution of Louisiana. If vetoed by the governor and subsequently approved by9
the legislature, this Act shall become effective on the day following such approval.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: