HLS 12RS-14 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 864
BY REPRESENTATIVE PEARSON
PROPERTY/ABANDONED: Provides relative to the removal or demolition of
encroachments on state water bottoms
AN ACT1
To amend and reenact R.S. 41:1714, relative to encroachments on public land; to provide2
authority to certain local governing authorities for ordering removal or demolition3
of encroachments; to provide for notice; to provide procedures for ordering removal4
or demolition; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 41:1714 is hereby amended and reenacted to read as follows: 7
ยง1714. Sanctions for violations; exceptions8
A. The attorney general or local governing authority of the parish where an9
encroachment may be located shall, by injunctive or other relief, prevent the10
unlawful creation of encroachments without permit, or which by construction or11
continuing existence, create a hazard to the public interests. Any encroachment12
constructed or maintained without permit or lease, or abandoned shall be a nuisance13
and an obstruction and embarrassment to the public use and interest.14
B. The attorney general or local governing authority of the parish where the15
encroachment is located, by court action, may compel or effect the removal or16
demolition of the encroachment at the expense of the parties responsible for their17
creation without any compensation, and the parties responsible may be sentenced to18
pay all damages which have been occasioned by the creation or existence of the19
encroachment. The state may elect to keep the encroachment for the benefit of the20 HLS 12RS-14 ORIGINAL
HB NO. 864
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are additions.
public, but only upon reimbursement to the persons responsible for the cost of1
materials and labor required to construct the same. In no cases shall the state or local2
governing authority be compelled to suffer the existence of unlawful encroachments3
described herein. All remedies existing in law or equity in favor of landowners shall4
likewise be available to the state or local governing authority for enforcement of this5
Chapter.6
C. In those cases where it is determined that an encroachment is constructed7
or maintained without lease or permit by reason of unintentional mistake or error,8
resulting in a failure to apply to the office, the persons responsible shall have thirty9
days from written or published notice to complete application to the office before10
appropriate action is instituted by the attorney general or local governing authority.11
D. The local governing authority shall send written notice to the attorney12
general of the filing of an action for the removal or demolition of an encroachment13
pursuant to the provisions of this Section within thirty days of the filing of such an14
action.15
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)]
Pearson HB No. 864
Abstract: Provides local governing authorities with the authority to order the removal or
demolition of encroachments on state water bottoms.
Present law requires the attorney general to, by injunctive or other relief, prevent the
unlawful creation of encroachments without permit, or which by construction or continuing
existence, create a hazard to the public interests, and provides that any encroachment
constructed or maintained without permit or lease, or abandoned shall be a nuisance.
Proposed law extends the authority provided by present law to local governing authorities
where an encroachment may be located.
Present law authorizes the attorney general, by court action, to compel or effect the removal
or demolition of the encroachment at the expense of the parties responsible for their creation
without any compensation, and the parties responsible may be sentenced to pay all damages
which have been occasioned by the creation or existence of the encroachment.
Proposed law extends the authority provided by present law to local governing authorities
where the encroachment is located. HLS 12RS-14 ORIGINAL
HB NO. 864
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law authorizes the state to elect to keep the encroachment for the benefit of the
public, but only upon reimbursement to the persons responsible for the cost of materials and
labor required to construct the same.
Proposed law retains present law.
Present law provides that if an encroachment is constructed or maintained without lease or
permit by reason of unintentional mistake or error, resulting in a failure to apply to the
office, the persons responsible shall have 30 days from written or published notice to
complete application to the office before appropriate action is instituted by the attorney
general.
Proposed law extends the 30-day notice requirements provided by present law to local
governing authorities.
Proposed law requires the local governing authority to send written notice to the attorney
general of the filing of an action for the removal or demolition of an encroachment within
30 days of the filing of such an action.
(Amends R.S. 41:1714)