Louisiana 2012 2012 Regular Session

Louisiana House Bill HB384 Chaptered / Bill

                    ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 388
Regular Session, 2012
HOUSE BILL NO. 384
BY REPRESENTATIVE DANAHAY
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
used, including the air space above any wharves, buildings, or improvements21
constructed by the governing authority, for the construction and maintenance of22
buildings or improvements for any purpose, including residential purposes.  23
*          *          *24 ENROLLEDHB NO. 384
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)(a) The governing authority of each 	deep-water port commission of the1
state shall have the right to lease or sublease any property, whether movable or2
immovable, that is owned or leased by it, on a long-term basis and without the3
necessity of public bidding. Any such lease or sublease may be for such purpose or4
purposes and subject to such terms and conditions, including such compensation to5
be paid to the governing authority, which the governing authority, in its discretion6
determines to be in the public interest.  7
*          *          *8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: