Louisiana 2012 2012 Regular Session

Louisiana House Bill HB179 Engrossed / Bill

                    HLS 12RS-677	ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 179
BY REPRESENTATIVE LEGER
HISTORIC PRESERVATION:  Relative to historic preservation districts and landmark
commissions in New Orleans, removes and provides with respect to certain
exemptions from the application of laws relative to such districts and commissions
AN ACT1
To repeal R.S. 25:745(A)(2), relative to historic preservation districts and landmark2
commissions in New Orleans; to remove an exemption from the application of laws3
relative to such districts and commissions; to provide relative to the application of4
Sections 15 and 16 of Act No. 804 of the 1975 Regular Session of the Legislature to5
properties included in such exemption; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1.  R.S. 25:745(A)(2) is hereby repealed in its entirety.11
Section 2. It is the intent of this Act that the exception from the application of12
Chapter 16 of Title 25 of the Louisiana Revised Statutes of 1950 contained in R.S.13
25:745(A)(2) is repealed, and Sections 15 and 16 of Act No. 804 of the 1975 Regular14
Session of the Legislature shall not prevent or prohibit the application of Chapter 16 of Title15
25 of the Louisiana Revised Statutes of 1950 to any property or properties designated in R.S.16
25:745(A)(2) prior to its repeal by this Act.17 HLS 12RS-677	ENGROSSED
HB NO. 179
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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)]
Leger	HB No. 179
Abstract: Repeals an exemption from the application of certain laws relative to historic
preservation districts and landmark commissions for certain properties on St. Charles
Avenue in New Orleans.
Present law (R.S. 25:745(A)(2)) provides that the provisions of Chapter 16 of Title 25 of the
La. Revised Statutes of 1950, relative to historic preservation districts and historic landmarks
commissions, shall not apply to or affect any property or collection of properties under
common ownership having any lot line on St. Charles Ave. between Jena St. and Carrollton
Ave. in New Orleans.
Proposed law repeals present law.
Present law (§16 of Act No. 804 of the 1975 R.S.) provides that any historic preservation
district or landmark commission created pursuant to the two Acts that first enacted what is
now Chapter 16 (Act No. 147 of the 1970 R.S. and Act No. 273 of the 1974 R.S.) shall not
be affected by the revision of Part I of Chapter 16 in Act No. 804 of the 1975 R.S. Also
provided that Act No. 147 of the 1970 R.S. and Act No. 273 of 1974 R.S. or any district or
commission created pursuant to them shall not apply to or affect any of the areas exempted
from Act No. 804 of the 1975 R.S. by §15 of that Act. (§15 included, in part, the exemption
now contained in R.S. 25:745(A)(2)).
Proposed law specifies that it is the intent of the Act that the exception from the application
of Chapter 16 contained in R.S. 25:745(A)(2) is repealed, and that §§15 and 16 of Act
No. 804 of the 1975 R.S. shall not prevent or prohibit the application of that Chapter to any
property or properties designated in R.S. 25:745(A)(2) prior to its repeal by the Act.
(Repeals R.S. 25:745(A)(2))