Louisiana Senate Bill SCR8

Louisiana 2011 Regular Session

• Introduced: 4/25/11
• Refer: 4/25/11

Caption

Directs the Southeast LA Flood Protection Authority-East to establish a $25 Million Fund for indemnification of claims arising from activities on certain property approved by the authority.

Impact

The establishment of this indemnification fund aims to mitigate risks associated with legal claims linked to the operations and projections sanctioned by the Southeast Louisiana Flood Protection Authority-East. This measure reflects the legislative intent to protect both the authority and the state's interests in managing various land assets designated for flood protection. By creating a financial safety net, this resolution intends to bolster confidence in the authority's capacity to undertake necessary flood management projects without exposing the state to undue legal risk.

Summary

Senate Concurrent Resolution No. 8 (SCR8) directs the Southeast Louisiana Flood Protection Authority-East to establish a fund totaling $25 million. This fund is designated for the indemnification of claims that may arise from activities or projects that are approved by the authority and performed on related properties. The creation of this fund is a response to concerns about potential legal liabilities associated with the conversion of non-flood assets into flood assets, highlighting the regulatory complexities involved in flood control management.

Sentiment

General sentiment surrounding SCR8 appears to be focused on risk management and the need for protective measures in legislation concerning flood protection. Proponents underscore the importance of the fund as a precautionary step essential for safe operation, particularly in light of past legal ambiguities. Although the text does not indicate strong opposition to the bill, there may be underlying concerns regarding governance, particularly about the unilateral authority of the Southeast Louisiana Flood Protection Authority-East in converting property classifications.

Contention

A notable point of contention lies in the authority's perceived capacity to convert non-flood assets into flood assets without clear legal backing. This raises broader questions about jurisdiction and the rightful powers of the Southeast Louisiana Flood Protection Authority-East compared to the Non-Flood Protection Asset Management Authority. Critics may argue that such unilateral actions could set precedents for future governance and asset management decisions, which require more collaborative oversight between these entities to avoid potential legal disputes.