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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 698
BY SENATORS MORRISH AND JOHNS AND REPRESENTATI VE KLECKLEY
PORTS/HARBORS/TERMINALS. Provides relative to the powers and authority of the
Lake Charles Harbor and Terminal District. (2/3-CA6s43(2)) (gov sig)
AN ACT1
To enact R.S. 34:218 and 219, relative to the Lake Charles Harbor and Terminal District; to2
provide for additional powers and authority of the district; to provide for the3
Calcasieu River and Pass Project; to provide for the acquisition of certain lands; to4
provide terms, conditions, and requirements; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 34:218 and 219 are hereby enacted to read as follows: 7
§218. Calcasieu River and Pass Project8
A. In addition to any other provision of law, the Lake Charles Harbor9
and Terminal District is authorized and empowered to carry out any and all10
functions within or outside of its territorial limits necessary to serve, on behalf11
of the state of Louisiana which shall be the local sponsor, as agent for the state12
and as the single entity responsible to act and to secure rights of way, to furnish13
assurances to the secretary of the United States Army, and for the construction,14
operation, and maintenance of the Calcasieu River and Pass Project as15
designated by the United States Army Corps of Engineers.16
B. The district shall have the authority to acquire, purchase, or lease any17 SB NO. 698
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
land along the Calcasieu River and Pass Project for the purposes of the1
construction, operation, and maintenance of such project.2
C. The district shall not acquire, purchase, or lease any land in Cameron3
Parish, except for the purposes of the construction, operation, and maintenance4
of the Calcasieu River and Pass Project or pursuant to a cooperative endeavor5
agreement with the governing authority of Cameron Parish. The provisions of6
this Subsection shall not apply to any land acquired by the district prior to7
August 1, 2012. Prior to the sale of any land in Cameron Parish, the governing8
authority of Cameron Parish shall have the first right of refusal for the9
purchase of such land.10
§219. Ratification of title to certain land; Cameron Parish11
The title to any land located in Cameron Parish and acquired by the12
Lake Charles Harbor and Terminal District prior to August 1, 2012 is hereby13
ratified and confirmed as good and merchantable title vested in the name of the14
Lake Charles Harbor and Terminal District.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Present law (Act 66 of the 1960 R.S.) provides that the state is the responsible local agency
to hold and save the United States free from damages due to construction and maintenance
of the work to be done in connection with the Calcasieu River and Pass Channels. Governor
Jimmie H. Davis designated the Lake Charles Harbor and Terminal District, on behalf of the
state, to furnish assurances of local cooperation to the secretary of the U.S. Army for the
authorized improvement to the Calcasieu River and Pass Project.
Proposed law provides that in addition to any other provision of law, the Lake Charles
Harbor and Terminal District is authorized and empowered to carry out any and all functions
within or outside of its territorial limits necessary to serve, on behalf of the state which shall
be the local sponsor, as agent for the state and as the single entity responsible to act and to
secure rights of way, to furnish assurances to the secretary of the U.S. Army, and for the SB NO. 698
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
construction, operation and maintenance of the Calcasieu River and Pass Project as
designated by the U.S. Army Corps of Engineers ("project").
Proposed law authorizes the district to acquire, purchase, or lease any land along the project
or the purposes of the construction, operation, and maintenance of such project.
Proposed law provides that the district shall not acquire, purchase, or lease any land in
Cameron Parish, except for the purposes of the construction, operation, and maintenance of
the project or pursuant to a cooperative endeavor agreement with the governing authority of
Cameron Parish.
Proposed law provides that proposed law will not apply to any land acquired by the district
prior to August 1, 2012. Further provides that prior to the sale of any land in Cameron
Parish, the governing authority of Cameron Parish will have the first right of refusal for the
purchase of such land.
Proposed law provides that the title to any land located in Cameron Parish and acquired by
the Lake Charles Harbor and Terminal District prior to Aug. 1, 2012 is hereby ratified and
confirmed as good and merchantable title vested in the name of the district.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 34:218 and 219)