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Coding: Words which are struck through are deletions from existing law;
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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, relative to the Lake Charles Harbor and Terminal District; to provide2
for additional powers and authority of the district; to provide for the Calcasieu River3
and Pass Project; to provide for the acquisition of certain lands; to provide terms,4
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 is hereby enacted to read as follows: 7
ยง218. 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 for the purposes of the construction, operation, and maintenance of the1
Calcasieu River and Pass 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 to the7
effective date of this Section. Prior to the sale of any land in Cameron Parish8
by the Lake Charles Harbor and Terminal District, the governing authority of9
Cameron Parish shall have the first right of refusal for the purchase of such10
land.11
Section 2. If any provision or item of this Act, or the application thereof, should be12
found to be invalid or unenforceable in a final, unappealable judgment by a court of13
competent jurisdiction, then such provision shall be ineffective to the extent of such14
invalidity or parts unenforceable, but shall not affect other provisions, items, or applications15
of the Act which can be given effect without the invalid provision, item, or application and16
to this end the provisions of this Act are hereby declared severable.17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument was prepared by J. W. Wiley. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Riley Boudreaux.
DIGEST
Morrish (SB 698)
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. 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.
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
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 for 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 the effective date of the proposed law. Further provides that prior to the sale of any
land by the district 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 if any provision of the proposed law is found to be invalid or
unenforceable in a final, unappealable judgement by a court of competent jurisdiction, it will
not affect other of the proposed law which can be given effect without the invalid provision.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 34:218)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Deletes a provision that title to any land located in Cameron Parish and
acquired by the district prior to Aug. 1, 2012 is ratified as good and
merchantable title vested in the name of the district.
2. Inserts a severability clause.