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Regular Session, 2012
SENATE BILL NO. 454
BY SENATOR LAFLEUR
LEASES. Provides for the leasing and ratification of certain leases of school lands and
sixteenth section lands. (gov sig)
AN ACT1
To amend and reenact R.S. 41:1212(D) and to enact R.S. 41:1323.6, relative to school lands;2
to provide exemptions from the public lease law for certain school lands; to ratify3
and confirm certain leases of certain school lands; to ratify and confirm certain leases4
of sixteenth section lands; to provide terms and conditions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 41:1212(D) is hereby amended and reenacted and R.S. 41:1323.6 is8
hereby enacted to read as follows: 9
§1212. Lands which may be leased; purposes; leases of sixteenth section lands for10
agricultural purposes; negotiation of surface leases of school lands;11
negotiation of leases by certain public benefit corporations;12
negotiation of leases for administering buildings designated as13
historic landmarks14
* * *15
D. The school board of the parish of Lafayette or the school board within16
any parish with a population of not less than forty-two thousand nor more than17 SB NO. 454
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forty-five thousand persons is authorized to negotiate for the surface lease of any1
lands to which it has title, custody or possession to any person, firm, corporation or2
other legal entity without the necessity of advertising for and receiving bids.3
* * *4
§1323.6. Ratification and confirmation of leases of certain school lands5
All contracts of leases of school lands, including but not limited to school6
indemnity lands and sixteenth section lands, by a school board within a parish7
with a population of not less than forty-two thousand nor more than forty-five8
thousand persons that were entered into prior to January 4, 2012, for a term of9
not more than five years, are hereby ratified and confirmed and shall have the10
same force and effect as if the contracts of lease had been made and executed11
pursuant to the provisions of Part I of Chapter 10 of Title 41 of the Louisiana12
Revised Statues of 1950, provided that the school board receives consideration13
proportionate to at least the fair market value for the leases.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Present law provides for the requirements, such as advertising and bidding, for leasing of
certain property. Further provides exceptions from present law.
Proposed law adds an exception for a school board within a parish with a population of not
less than 42,000 nor more than 45,000 persons is authorized to negotiate for the surface lease
of any lands of which it has title, custody or possession to any person, firm, corporation or
other legal entity without the necessity of advertising for and receiving bids.
Proposed law provides that all contracts of leases of school lands or sixteenth section lands
by a school board within a parish with a population of not less than 42,000 nor more than
45,000 persons that were entered into prior to January 4, 2012, for a term of not more than
5 years, are hereby ratified and confirmed and shall have the same force and effect as if the
contracts of lease had been made and executed pursuant to the provisions of Part I of Chapter
10 of Title 41 of the Louisiana Revised Statues of 1950, provided that the school board SB NO. 454
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receives fair market value for the leases.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 41:1212(D); adds R.S. 41:1323.6)