HLS 12RS-296 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 384
BY REPRESENTATIVE DANAHAY
PORTS/HARBORS/TERMINALS: Provides for shallow-draft ports to lease certain
property without the necessity of public bid
AN ACT1
To amend and reenact R.S. 9:1102.2(A)(1)(a) and (2)(a), relative to port commissions;2
authorizes shallow-draft port commissions to lease or sublease property without the3
necessity of public bid; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:1102.2(A)(1)(a) and (2)(a) are hereby amended and reenacted to6
read as follows:7
ยง1102.2. Rights and duties of riparian owners and their lessees; joint usage of8
certain riparian lands 9
A.(1)(a) Whenever the governing authority of any deep-water port10
commission, or in the absence of such commission, the governing authority of a11
municipality having a population in excess of five thousand inhabitants, owns,12
leases, or otherwise lawfully occupies or uses property on a navigable river, lake, or13
stream, which is within the territorial limits of such commission or municipality, or14
the bed of such river, lake, or stream adjacent to such property, and the governing15
authority in its discretion determines that the needs of commerce, navigation, or16
other public purposes respecting such property are being satisfied and would not be17
unduly interfered with, the governing authority may permit and grant to the riparian18
owner or owners, or their lessees or persons occupying with the riparian owner's19
consent, the use of such property owned, leased, or otherwise lawfully occupied or20 HLS 12RS-296 ORIGINAL
HB NO. 384
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
used, including the air space above any wharves, buildings, or improvements1
constructed by the governing authority, for the construction and maintenance of2
buildings or improvements for any purpose, including residential purposes. 3
* * *4
(2)(a) The governing authority of each deep-water port commission of the5
state shall have the right to lease or sublease any property, whether movable or6
immovable, that is owned or leased by it, on a long-term basis and without the7
necessity of public bidding. Any such lease or sublease may be for such purpose or8
purposes and subject to such terms and conditions, including such compensation to9
be paid to the governing authority, which the governing authority, in its discretion10
determines to be in the public interest. 11
* * *12
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)]
Danahay HB No. 384
Abstract: Authorizes shallow-draft port commissions to lease or sublease property without
the necessity of public bidding.
Present law authorizes a deep-draft port commission to permit and grant riparian owners,
their lessees, or other persons occupying with the riparian owner's consent, the use of any
property owned, leased, or lawfully occupied by the port; provided that the commission has
determined that the needs of commerce, navigation, or other public purpose are being
satisfied and would not be unduly interfered with.
Proposed law authorizes any port commission.
Present law authorizes deep-draft port commissions to lease or sublease property without the
necessity of public bidding.
Proposed law authorizes any port commission.
(Amends R.S. 9:1102.2(A)(1)(a) and (2)(a))