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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012 ENROLLED
SENATE BILL NO. 698
BY SENATORS MORRISH AND JOHNS AND REPRESENTATI VE KLECKLEY
AN ACT1
To enact R.S. 34:218, relative to the Lake Charles Harbor and Terminal District; to provide2
for recognition as the local sponsor and for additional powers and authority of the3
district; to provide for the Calcasieu River and Pass Project; to provide for the4
acquisition and sale of certain lands; to provide for terms, exceptions, conditions, and5
requirements; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 34:218 is hereby enacted to read as follows: 8
ยง218. Calcasieu River and Pass Project9
A.(1) In addition to any other provision of law, the Lake Charles Harbor10
and Terminal District is authorized and empowered to carry out any and all11
functions within or outside of its territorial limits necessary to serve, on behalf12
of the state of Louisiana which shall be the local sponsor, as agent for the state13
and as the single entity responsible to act and to secure rights of way, to furnish14
assurances to the secretary of the United States Army, and for the construction,15
operation, and maintenance of the Calcasieu River and Pass Project as16
designated by the United States Army Corps of Engineers.17
(2)(a) Notwithstanding the provisions of this Section to the contrary, the18
Lake Charles Harbor and Terminal District, or any person on behalf of the19
district including but not limited to lessees, assignees, or any third party20
otherwise occupying property, shall not as to property the district owns in21
Cameron Parish, other than that property which it currently owns in Sections22
43 and 44, Township 12 South, Range 9 West and in Sections 1 and 12,23
Township 12 South, Range 10 West, in the Southwestern Land District,24
ACT No. 848 SB NO. 698 ENROLLED
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Louisiana Meridian, Cameron Parish, Louisiana, hereafter referred to as "the1
exempt property", undertake any port activities in Cameron Parish.2
(b) As used in this Section, "port activities" shall mean the acquisition3
or leasing of land for the construction, operation, or maintenance of docks,4
wharfs, sheds, slips, canals, machinery, or industrial plant facilities or facilities5
for the handling of cargos or materials of any type and other substantially6
similar activities, other than dredged materials in connection with construction7
operation and maintenance of the Calcasieu River and Pass Project. Any8
function by the Lake Charles Harbor and Terminal District necessary for the9
construction, operation, and maintenance of the Calcasieu River and Pass10
Project shall not be considered port activities.11
(c) The Lake Charles Harbor and Terminal District may conduct port12
activities on any property in Cameron Parish pursuant to an intergovernmental13
agreement or cooperative agreement with the approval of the governing14
authority of Cameron Parish. As to the exempt property as defined in15
Subparagraph (a) of this Paragraph, nothing in this Section shall require the16
Lake Charles Harbor and Terminal District to enter into any17
intergovernmental agreement or cooperative agreement with the governing18
authority of Cameron Parish.19
B. The district shall have the authority to acquire by purchase, lease,20
expropriation, or otherwise, any land for the purposes of the construction,21
operation, and maintenance of the Calcasieu River and Pass Project. The venue22
for any petition for expropriation filed by the district for property located in23
Cameron Parish shall be in accordance with R.S. 19:2.1.24
C.(1) The district shall not acquire by purchase, lease, expropriation, or25
otherwise, or convey, sell, assign, or donate any land in Cameron Parish, except26
for the purposes of the construction, operation, and maintenance of the27
Calcasieu River and Pass Project or pursuant to a cooperative endeavor28
agreement with the governing authority of Cameron Parish.29
(2) The provisions of this Subsection shall not apply to the exempt30 SB NO. 698 ENROLLED
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property as defined in Subparagraph (A)(2)(a) of this Section.1
(3) Prior to the sale of any land in Cameron Parish purchased or2
expropriated by the Lake Charles Harbor and Terminal District, the governing3
authority of Cameron Parish shall have the first right of refusal for the4
purchase of such land, which right is subordinate to the following:5
(a) A first right of refusal if so reserved in the act of sale by the seller of6
the property sold to the district.7
(b) A first right of refusal in favor of the owner from whom the property8
was expropriated.9
Section 2. If any provision or item of this Act, or the application thereof, should be10
found to be invalid or unenforceable in a final, unappealable judgment by a court of11
competent jurisdiction, then such provision shall be ineffective to the extent of such12
invalidity or parts unenforceable, but shall not affect other provisions, items, or applications13
of the Act which can be given effect without the invalid provision, item, or application and14
to this end the provisions of this Act are hereby declared severable.15
Section 3. 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
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: