Louisiana House Bill HB285 Introduced / Bill

                    HLS 13RS-546	ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 285
BY REPRESENTATIVE HARRIS
LOCAL GOVERNMENT:  Creates the Alexandria Urban Renewal Authority
AN ACT1
To amend and reenact R.S. 44:4.1(B)(20) and to enact Chapter 13-M of Title 33 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:4720.201, relative3
to Alexandria; to create and provide for a redevelopment authority known as the4
Alexandria Urban Renewal Authority; to provide for governance of the authority; to5
authorize the authority to use private and public resources to eliminate and prevent6
the development or spread of slum, blighted, and distressed areas and to rehabilitate,7
clear, and redevelop such areas; to provide relative to purchases and uses of property;8
to provide for expedited procedures for quieting title to property; to otherwise define9
the duties, liabilities, authority, and functions of the redevelopment authority; to10
authorize public bodies to furnish funds, services, facilities, and property in aid of11
redevelopment projects; and to provide for related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article III, Section 13 of the Constitution of14
Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950,17
comprised of R.S. 33:4720.201, is hereby enacted to read as follows:18 HLS 13RS-546	ORIGINAL
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CHAPTER 13-M.  ALEXANDRIA URBAN RENEWAL AUTHORI TY1
§4720.201.  Alexandria Urban Renewal Authority2
A. This Chapter may be referred to as the "Alexandria Redevelopment Law".3
B.(1)  It is hereby found and declared that:4
(a) There exist in the city of Alexandria areas which have become slums,5
blighted, and distressed because of the unsafe, unsanitary, inadequate, or6
overcrowded condition of the structures therein, or because of inadequate planning7
for the area, or because of physically or functionally obsolete structures, or because8
of excessive dwelling unit density, or because of the lack of proper light and air and9
open space, or because of faulty street or lot design, or inadequate public utilities or10
community services, or because of failure to adequately maintain and repair11
structures, or because of the conversion to incompatible types of land usage, or12
because of environmental conditions and circumstances. Such conditions or a13
combination of some or all of them have and will continue to result in making such14
areas economic and social liabilities.15
(b) The prevention and elimination of slum, blighted, and distressed16
properties are matters of public policy and concern because such areas tend to17
consume a disproportionate amount of city revenues because of the extra services18
required for police, fire, accident, and other forms of public protection, services, and19
facilities.20
(c)  The salvage, renewal, redevelopment, and reconstruction of such slum,21
blighted, and distressed areas will promote the health, safety, morals, and welfare of22
the public.23
(d)  The powers conferred by this Chapter are for public uses, purposes,24
welfare, and utility for which public money may be expended as necessary and in the25
public's interest. The provisions of this Chapter shall apply for residential,26
recreational, commercial, industrial, or other purposes and otherwise to encourage27
the provision of healthful homes, safe neighborhoods, a decent living environment,28 HLS 13RS-546	ORIGINAL
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and adequate places of employment for the people.  Such purposes are hereby1
declared as a matter of legislative determination.2
(2)  The object of this Chapter is to provide for the following:3
(a) The elimination and prevention of the development or spread of slum,4
blighted, and distressed areas and the rehabilitation, clearance, and redevelopment5
of slum, blighted, and distressed areas.6
(b) The general and economic welfare of the city through housing,7
commercial, office, hospitality, recreation, education, infrastructure and utility8
capacity, manufacturing, industrial, research, retail, or other activities which will9
create or retain jobs, maintain or diversify industry, including new or emerging10
technologies, or maintain or increase the tax base.11
(c) The improvement of conditions of deteriorated physical development,12
slow economic growth, and eroded financial health of the public and private sectors.13
(d) The control, abatement, and prevention of pollution to protect public14
health and safety, and the development and use of indigenous and renewable energy15
resources.16
(e) Assistance to nonprofit and governmental entities in support of health,17
educational, charitable, community, cultural, agricultural, consumer, or other18
services benefiting the citizens.19
C.(1) There is hereby created in the city of Alexandria a body politic and20
corporate which shall exist in perpetuity and shall be known as the Alexandria Urban21
Renewal Authority, referred to in this Chapter as the "authority".  The authority shall22
encompass all of the territory included in the city of Alexandria.23
(2) The authority shall be a special district created pursuant to Article VI,24
Section 19 of the Constitution of Louisiana and political subdivision of the state as25
defined in Article VI, Section 44 of the Constitution of Louisiana.  The authority,26
acting through its governing board, is hereby granted all of the rights, powers,27
privileges, and immunities accorded by the laws and the Constitution of Louisiana28
to political subdivisions of the state, subject to the limitations provided in this29 HLS 13RS-546	ORIGINAL
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Chapter; however, the authority shall not be deemed to be an instrumentality of the1
state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.2
D.(1) The authority, for the purposes of this Chapter, may within its3
jurisdiction formulate a workable program or programs for using appropriate private4
and public resources to achieve the purposes identified in Paragraph (B)(2) of this5
Section.6
(2) The authority, to the greatest extent it determines to be feasible in7
carrying out the provisions of this Chapter, shall seek out cooperative endeavors,8
including partnerships, joint ventures, and equity participation structures with9
nonprofit organizations and private enterprise.  The authority shall give consideration10
to this objective in exercising the powers granted by this Chapter.11
E.(1)(a) The authority shall be governed by a board of commissioners,12
referred to in this Chapter as the "board", comprised of not fewer than three and not13
more than nine members appointed by the mayor of Alexandria. The actual number14
of commissioners shall be set by ordinance of the governing authority of Alexandria.15
(b) Each member shall be a citizen of the United States and a domiciliary of16
or employed within the city, and a majority shall be domiciled in and qualified17
electors of the city.  Each member shall meet the domicile or employment18
qualification, as applicable, for at least one year preceding the date of appointment19
and shall remain so qualified during the entirety of the term of office.20
(c) Each board member shall be of good character and shall possess some21
skill, knowledge, or experience that will prove useful in the accomplishment of the22
goals of the authority as set forth in Paragraph (B)(2) of this Section.23
(d) A certificate of the appointment or reappointment of any commissioner24
shall be filed with the clerk of the city of Alexandria, and such certificate shall be25
conclusive evidence of the proper appointment of such commissioner.26
(2) The commissioners who are first appointed shall serve initial terms as27
designated by the mayor in making the initial appointments. Thereafter the term of28 HLS 13RS-546	ORIGINAL
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office shall be five years. A commissioner shall hold office until his successor has1
been appointed and qualified.2
(3) The board shall establish rules and requirements relative to the3
attendance and participation of members in its meetings, regular or special. Such4
rules and regulations may prescribe a procedure whereby, should any member fail5
to comply with such rules and regulations, such member may be disqualified and6
removed from office by no less than a majority vote of the remaining members of the7
board, and that member's position shall be vacant as of the first day of the next8
calendar month. Any person removed under the provisions of this Paragraph shall9
be ineligible for reappointment to the board unless such reappointment is confirmed10
unanimously by the board.11
(4) Board members shall serve without compensation; however, the board12
may reimburse any member for expenses actually incurred in the performance of13
duties on behalf of the authority.14
(5) The board may organize and reorganize the executive, administrative,15
clerical, and other departments and forces of the authority and fix the duties, powers,16
and compensation of its employees, agents, and consultants.17
(6) The board shall elect yearly from its number a chairman, a vice chairman,18
a secretary, and a treasurer and shall establish their duties as may be regulated by19
rules adopted by the board. The offices of secretary and treasurer may be held by the20
same person. The board may meet in regular session once each month and also shall21
meet in special session as convened by the chairman or upon written notice signed22
by three members. A majority of the members of the board, not including vacancies,23
shall constitute a quorum for the conduct of business.24
(7)  All actions of the board shall be approved by the affirmative vote of a25
majority of the members of the board present and voting; however, approval by a26
majority of the total board membership is required for the following actions:27
(a) Adoption of bylaws and other rules and regulations for conduct of the28
authority's business.29 HLS 13RS-546	ORIGINAL
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(b) Hiring or firing of any employee or contractor.  This function may be1
delegated by the board by the affirmative vote of a majority of the total board2
membership, to a specified officer or committee of the authority under such terms3
and conditions and to the extent that the board may specify.4
(c)  The incurring of debt.5
(d)  Adoption or amendment of the annual budget.6
(e)  Sale, lease, encumbrance, or alienation of real property, improvements,7
or personal property with an assessed value of more than twenty thousand dollars.8
(8)  Vote by proxy is prohibited. Any member may request a recorded vote9
on any resolution or action of the authority.10
(9) The board shall cause minutes and a record to be kept of all its11
proceedings. Except as otherwise provided in this Paragraph, the authority shall be12
subject to the Public Records Law, the Open Meetings Law, and the Code of13
Governmental Ethics. Notwithstanding the provisions of R.S. 42:14, until thirty days14
prior to the date the board is scheduled to consummate a final sale or lease of any15
immovable property owned by the authority, the board may meet in executive16
session to discuss negotiations between the authority and any prospective seller,17
purchaser, lessor, or lessee of that property.  R.S. 44:31 through 35 shall not apply18
to any records related to the negotiations of or to the terms of such a sale or lease19
until thirty days prior to the date the board is scheduled to consummate a final sale20
or lease. The board shall give written public notice of its intention to consummate21
a final sale or lease at least thirty days prior to the date on which the board intends22
to take such action. This notice shall comply with the procedural provisions of R.S.23
42:19.24
F. The authority, through the board, shall have all powers necessary or25
convenient to carry out and effectuate the purposes and provisions of this Chapter,26
including but not limited to the following:27
(1)  To sue and be sued and as such to stand in judgment.28
(2)  To adopt, use, and alter at will a corporate seal.29 HLS 13RS-546	ORIGINAL
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(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and1
use any property, real, personal, mixed, tangible, or intangible, or any interest therein2
and to engage in any action, such as the purchase of insurance, necessary or desirable3
for the maintenance or improvement of such property.  The authority shall not have4
any power to expropriate, except that power which is granted by the governing5
authority of Alexandria.6
(4)(a) To sell, lease for a term of up to ninety-nine years, exchange, or7
otherwise dispose of or transfer to or with other political subdivisions of this state8
or public or private persons at public or private sale any residential, commercial,9
industrial, or subdivision land, property, improvements, or portions thereof,10
including real property.11
(b)  Prior to any sale, lease, conveyance, disposition, or transfer of property12
pursuant to this Paragraph, the authority shall fix the price and terms of the sale,13
lease, exchange, or other contract to be made with reference to the property.  Such14
sale, lease, conveyance, disposition, or transfer shall comply with the terms and15
provisions of this Chapter.16
(c) Any sale of industrial land as defined by Chapter 8 of Title 51 of the17
Louisiana Revised Statutes of 1950 and the statutes referenced therein shall be in18
accordance with laws providing for the disposition or transfer of such land.19
(d)  Other than the requirements of this Chapter, no other law limiting or20
regulating the form or manner of the sale, lease, conveyance, disposition, or transfer21
of property by public bodies, including without limitation R.S. 41:1338, shall apply22
to the sale, lease, conveyance, disposition, or transfer of property by the authority.23
All such sales, leases, conveyances, dispositions, or transfers of property remain24
subject to the limitations imposed by the Constitution of Louisiana.25
(5) To convey to the United States, the state, or to any political subdivision26
of the state any land, property, right-of-way, easement, servitude, or other thing of27
value which the authority may own or acquire for use by such governmental entity28
pursuant to the terms of any appropriate cooperative endeavor agreement.29 HLS 13RS-546	ORIGINAL
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(6) To make and collect reasonable charges for the use of property of the1
authority and for services rendered by the authority and to regulate fees or rentals2
charged for use of privately owned facilities located on property owned or sold by3
the authority when such facilities are offered for use by the public or by a private4
industrial, commercial, research, or other economic development entity or activity.5
(7)  To enter into contracts and agreements with public bodies or public or6
private entities, including but not limited to contracts for professional, legal, and7
other services and for the purchase, lease, acquisition, sale, construction, operation,8
maintenance, marketing, and improvement of land, public works, and facilities.9
(8) To plan, develop, regulate, operate, and maintain activities and planned10
land uses to foster residential housing development.11
(9) To acquire land and improvements to construct, operate, and maintain12
facilities, improvements, and infrastructure, including buildings, roads, bridges,13
drainage, and utilities, and to perform other functions and activities on property14
owned or leased by the authority to accomplish the objectives and purposes of the15
authority; however, the authority is prohibited from constructing, operating, or16
maintaining any water, electric, or gas utility facilities which duplicate, curtail,17
impair, or directly compete with a regulated water, electric, or gas utility facility18
operating in or adjacent to the property owned or leased by the authority.19
(10)  To require and issue licenses.20
(11) To develop, activate, construct, exchange, acquire, improve, repair,21
operate, maintain, lease, mortgage, sell, and grant a security device affecting the22
movable and immovable property, servitudes, facilities, and works within the city23
of Alexandria under such terms and conditions as the board may deem necessary or24
appropriate for residential development.25
(12) To borrow money and to pledge or grant a security device affecting all26
or part of its revenues, leases, rents, and other advantages as security for such loans.27
(13)  To appoint officers, agents, and employees, prescribe their duties, and28
fix their compensation.29 HLS 13RS-546	ORIGINAL
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(14) To undertake and carry out redevelopment projects and related1
activities.2
(15) To apply for and accept advances, leases, grants, contributions, and any3
other form of financial assistance from the federal government, the state, parish, or4
other public bodies, or from any sources, public or private, for the purposes of this5
Chapter, and to give such security as may be required and to enter into and carry out6
contracts or agreements in connection therewith, and to include in any contract for7
financial assistance with the federal government such conditions imposed pursuant8
to federal laws as the board may deem reasonable and appropriate and which are not9
inconsistent with the purposes of this Chapter.10
(16)  To make or have made all surveys and plans necessary to the carrying11
out of the purposes of this Chapter and to adopt or approve, modify, and amend such12
plans, which plans may include but are not limited to:13
(a) Plans for carrying out a program of voluntary or compulsory repair and14
rehabilitation of buildings and improvements.15
(b) Plans for the enforcement of state and local laws, codes, and regulations16
relating to the use of land and the use and occupancy of buildings and improvements17
and to the compulsory repair, rehabilitation, demolition, or removal of buildings and18
improvements.19
(c) Appraisals, title searches, surveys, studies, and other plans and work20
necessary to prepare for the undertaking of redevelopment projects and related21
activities.22
(17) To develop, test, and report methods and techniques and carry out23
demonstrations and other activities for the prevention and the elimination of slums24
and urban blight, including developing and demonstrating new or improved means25
of providing housing or continuing care, assisted living, independent living, or26
similar housing for elderly or retired persons or other persons desiring such housing27
facilities.28 HLS 13RS-546	ORIGINAL
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(18) To make and from time to time amend and repeal bylaws, orders, rules,1
and regulations in order to effectuate the provisions of this Chapter.2
(19) To exercise all or any part or combination of powers herein granted by3
this Chapter.4
G.(1) The exercise by the board of the powers conferred by virtue of this5
Chapter shall be deemed and held to be an essential governmental function of the6
state and city. As the exercise of the powers granted by this Chapter will be in all7
respects for the benefit of the people of the state and city, for the increase of their8
commerce and prosperity, and for the improvement of their health and living9
conditions, the authority shall not be required to pay any taxes, including but not10
limited to sales and use taxes, ad valorem, occupational licensing, income, or any11
other taxes of any kind or nature, or fees or assessments upon any property held,12
acquired, or used by the authority under the provisions of this Chapter, or upon the13
income therefrom. Any evidences of indebtedness issued by the authority and the14
income therefrom shall be exempt from taxation by the state and any political15
subdivision of the state. The authority shall not be deemed to be a public utility and16
shall not be subject in any respect to the authority, control, regulation, or supervision17
of the Louisiana Public Service Commission.18
(2) All property of the authority, including funds owned or held by it for the19
purpose of this Chapter, shall be exempt from levy and sale by virtue of an20
execution, and no execution or other judicial process shall issue against the same, nor21
shall judgment against the city or authority be a charge or lien upon such property;22
however, the provisions of this Subsection shall not apply to or limit the right of23
obligees to pursue any remedies for the enforcement of any pledge or lien given24
pursuant to this Chapter by the authority on its rents, fees, grants, or revenues.25
H. The authority has the following powers with respect to the purchase of26
property:27
(1)(a) To purchase adjudicated properties within its territorial jurisdiction28
from any political subdivision of the state of Louisiana. No such purchase shall be29 HLS 13RS-546	ORIGINAL
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construed to or otherwise have the effect of extending or suspending the period1
prescribed by law for the redemption of the property by the tax debtor or any other2
person.3
(b) In addition to the authority set forth in Subpart B of Part IV of Chapter4
5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases5
by the authority may be by a direct negotiated purchase and sale agreement between6
the authority and a political subdivision without any other requirement of a public7
sale prior to the transfer of such properties to the authority.  Such purchases by the8
authority shall not be considered the sale of surplus property or of property owned9
by the political subdivision.10
(c) Effective upon the recordation of the transfer of an adjudicated property11
to the authority pursuant to a purchase and sale agreement, the rights of the authority12
in and to such property shall be the rights of a purchaser at a tax sale as contemplated13
by Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950,14
subject only to the rights of redemption of the property set forth in Article VII,15
Section 25(B) of the Constitution of Louisiana, and the property shall no longer be16
deemed to be adjudicated property as of such recordation. For purposes of the right17
of redemption in Article VII, Section 25(B) of the Constitution of Louisiana, the18
three-year period commences on the date of the recordation of the initial adjudication19
to the political subdivision and not on the date of transfer to the authority.20
(d)  Any such purchase and sale agreement shall set forth the total21
consideration to be paid by the authority and the method and timing of payment of22
such consideration by the authority.23
(e)  The state and any political subdivision with liens on the property may,24
pursuant to intergovernmental agreements with the authority, cancel such liens25
contemporaneously with or subject to the transfer of the property to the authority.26
(2)(a) To purchase properties at tax sales conducted in accordance with Part27
III of Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950,28 HLS 13RS-546	ORIGINAL
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and any and all such purchases shall be a purchase pursuant to those provisions and1
not an adjudication to a political subdivision.2
(b) Notwithstanding the provisions of Chapter 5 of Subtitle III of Title 47 of3
the Louisiana Revised Statutes of 1950, the authority may tender a bid at a tax sale4
which is a credit bid, consisting of the obligation of the authority to satisfy the5
component parts of the bid by payments to the respective political subdivisions and6
taxing entities in accordance with intergovernmental agreements between the7
authority and such political subdivisions and taxing entities.8
(c) A bid by the authority at a tax sale for the minimum amount shall take9
priority over all other bids for the same quantity of property, except for a higher bid10
submitted by a conventional mortgage holder holding a mortgage on the subject11
property.12
(3) To purchase property at a sale conducted pursuant to enforcement of13
judicial mortgages created in accordance with R.S. 13:2575 or 2576 by tendering a14
bid equal to or greater than the minimum bid advertised, which bid may be a credit15
bid consisting of the obligation of the authority to satisfy the bid by payment to the16
political subdivision holding the lien being enforced in accordance with17
intergovernmental agreements between the authority and such political subdivision.18
Such a bid shall be given priority over all other bids regardless of amount.19
(4) To purchase property at a sale conducted pursuant to enforcement of20
judicial mortgages created in accordance with R.S. 13:2575(C) by tendering a bid21
equal to or greater than the minimum bid advertised, which bid may be a credit bid.22
The obligation of the credit bid may be satisfied by the authority by the direct23
expenditure of funds, in an amount not less than the credit bid, on demolition,24
remediation, maintenance, and rehabilitation activities on such property within a25
period of twenty-four months following the date of sale. Such a bid shall be given26
priority over all other bids regardless of amount, except for a higher bid submitted27
by a conventional mortgage holder holding a mortgage on the subject property.28 HLS 13RS-546	ORIGINAL
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I.(1) The authority shall have the power to create and execute redevelopment1
or development plans for specified areas within its territorial jurisdiction.  The2
implementation of all such plans shall not proceed until, to the extent required by3
law, the authority has obtained the approval of the local planning commission or4
zoning board.  In the execution of such a redevelopment plan, the authority shall5
have the powers provided in this Subsection.  The fact that a certain power is6
expressed or implied in this Paragraph as pertinent to the authority's execution of a7
redevelopment plan shall not suggest or imply that such power is otherwise denied8
to the authority.9
(2) A redevelopment plan shall include a definition of the redevelopment10
area. This area, or any part thereof, may be further designated as a subdistrict of the11
authority.12
(3) The authority may sell, lease, exchange, or otherwise transfer immovable13
property or any interest therein acquired by it for residential, recreational,14
commercial, industrial, or other uses or for public use, subject to such covenants,15
conditions, and restrictions, including covenants running with the land, as it may16
deem to be necessary or desirable to assist in carrying out the purposes of this17
Chapter. The purchasers or lessees and their successors and assigns shall be18
obligated to devote such immovable property only to the uses as the authority may19
determine to be in the public interest, including the obligation to begin within a20
reasonable time any improvements on such immovable property.  Such immovable21
property or interest shall be sold, leased, exchanged, or otherwise transferred at not22
less than its fair value for uses in accordance with the redevelopment or development23
plan.  In determining the fair value of immovable property for uses in accordance24
with the redevelopment or development plans, the authority shall take into account25
and give consideration to the use provided in such plan; the restrictions upon and the26
covenants, conditions, and obligations assumed by the purchaser or lessee; and the27
objectives of such plan. The authority, in any instrument of conveyance to a private28
purchaser or lessee, may provide that such purchaser or lessee shall be without power29 HLS 13RS-546	ORIGINAL
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to sell, lease, exchange, or otherwise transfer the immovable property without the1
prior written consent of the authority until such purchaser or lessee has completed2
the construction of any and all improvements which he has obligated himself to3
construct thereon. Immovable property acquired in accordance with the provisions4
of the plan shall be transferred as rapidly as feasible in the public interest, consistent5
with the carrying out of the provisions of the project plan. Such plan and any6
substantial modification of such plan shall be filed as a public record in the office of7
the clerk of the city, and any conveyances, encumbrances, or other contracts may8
incorporate the provisions thereof by reference which shall afford notice thereof to9
all parties.10
(4) The authority may dispose of, sell, exchange, or lease immovable11
property in a redevelopment area to any private person for the fair market value of12
the property as determined by a certified and competent appraiser, or to any private13
person pursuant to reasonable competitive bidding procedures as it shall prescribe14
subject to the provisions set forth in this Paragraph.  Such reasonable bidding15
procedures must include public notice, by publication once each week for two16
consecutive weeks in a newspaper having a general circulation in the community,17
inviting proposals from and making available all pertinent information to private18
redevelopers or any persons interested in undertaking to redevelop or rehabilitate a19
redevelopment area or any part thereof. Such notice shall identify the area, or20
portion thereof, and shall state that proposals shall be made by those in interest21
within thirty days after publication of such notice, and that such further information22
as is available may be obtained at such office as shall be designated in the notice.23
The board shall consider all such redevelopment or rehabilitation proposals and the24
financial and legal ability of the persons making such proposals to carry them out,25
and may negotiate with any persons for proposals for the purchase, lease, or other26
transfer of any immovable property acquired by the authority in the redevelopment27
area.  The board may accept such proposals as it deems to be in the public interest28
and in furtherance of the purposes of this Chapter. Such notice, and all contracts to29 HLS 13RS-546	ORIGINAL
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sell, lease, exchange, or otherwise transfer immovable property under the provisions1
of this Chapter, shall be a public record and shall include the name of the redeveloper2
or purchaser, together with the names of its officers and principal members or3
shareholders and investors and other interested parties, the redeveloper's estimate of4
the cost of any residential development and rehabilitations, and the redeveloper's5
estimate of rentals and sales prices of any proposed housing involved in such6
redevelopment and rehabilitation. Thereafter, the board may execute such contract7
in accordance with the provisions of this Chapter and deliver acts of sale, leases, and8
other instruments and take all steps necessary to effectuate such contract.9
(5) The authority may temporarily operate, maintain, or lease real property10
acquired by it in a redevelopment area for or in connection with a redevelopment11
project pending disposition of the property as authorized in this Chapter for such12
uses and purposes as may be deemed desirable even though not in connection with13
the redevelopment plan.14
(6) Any real property within a redevelopment area acquired pursuant to this15
Subsection may be disposed of without regard to the other provisions of this Chapter.16
Real property acquired in accordance with the redevelopment plan may be disposed17
of to a public body for public reuse without regard to the provisions of this18
Subsection.19
J. For the purpose of aiding in the planning or carrying out of a20
redevelopment or development project and related activities authorized by this21
Chapter, any public body may, upon such terms, with or without consideration as it22
may determine:23
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant24
easements, licenses, or other rights or privileges therein to the authority.25
(2) Incur the entire expense of any public improvements made by such26
public body.27
(3) Do any and all things necessary to aid or cooperate in the planning or28
carrying out of a redevelopment plan and related activities.29 HLS 13RS-546	ORIGINAL
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(4) Lend, grant, or contribute funds to the authority in accordance with an1
appropriate cooperative endeavor agreement and borrow money and apply for and2
accept advances, loans, grants, contributions, and any other form of financial3
assistance from the federal government, the state, parish, or other public body, or4
from any other source.5
(5) Enter into agreements which may extend over any period,6
notwithstanding any provision or rule of law to the contrary, with the federal7
government or other public body respecting action to be taken pursuant to any of the8
powers granted by this Chapter, including the furnishing of funds or other assistance9
in connection with a redevelopment project and related activities.10
(6) Cause public buildings and public facilities, including parks,11
playgrounds, recreational, community, educational, water, sewer, or drainage12
facilities, or any other works which it is otherwise empowered to undertake to be13
furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan14
streets, roads, sidewalks, ways, or other places; plan or replan, zone or rezone, or15
make exceptions from building regulations.16
K. Any instrument executed, in proper form and with proper certification of17
authority, by the authority purporting to convey any right, title, or interest in any18
property under this Chapter shall be conclusively presumed to have been executed19
in compliance with provisions of this Chapter insofar as title or other interest of any20
bona fide purchasers, lessees, or transferees of the property is concerned.21
L. Insofar as the provisions of this Chapter are inconsistent with the22
provisions of any other law, the provisions of this Chapter shall be controlling;23
however, the authority shall be subject to the provisions of the Local Government24
Fair Competition Act, R.S. 45:844.41 et seq. The authority conferred by this Chapter25
shall be in addition and supplemental to the powers conferred by any other law.26
M.(1)  In addition to other powers granted to the authority pursuant to this27
Chapter, the authority may initiate an expedited quiet title and foreclosure action28
under this Subsection to quiet title to immovable property held by the authority,29 HLS 13RS-546	ORIGINAL
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interests in property purchased by the authority at tax sales or in formerly1
adjudicated properties acquired by the authority from a political subdivision, by2
recording with the conveyance records of the clerk of court and ex officio recorder3
of mortgages a notice of pending expedited quiet title and foreclosure action.  The4
notice shall include a legal description of the property; the street address of the5
property if available; the name, address, and telephone number of the authority; a6
statement that the property is subject to expedited quiet title proceedings and7
foreclosure under this Subsection; and a statement that any legal interests in the8
property may be extinguished by a district court order vesting title to the property in9
the authority.  The right of redemption from tax sales in Article VII, Section 25(B)10
of the Constitution of Louisiana shall be terminated by these proceedings only if the11
time period for expiration of the right of redemption has expired.  If a notice is12
recorded in error, the authority may correct the error by recording a certificate of13
correction with the register of conveyances.  A notice or certificate under this14
Subsection need not be notarized and may be authenticated by a digital signature or15
other electronic means. If the authority has reason to believe that a property subject16
to an expedited quiet title and foreclosure action under this Subsection may be the17
site of environmental contamination, the authority shall provide the Department of18
Environmental Quality with any information in the possession of the authority that19
suggests the property may be the site of environmental contamination.20
(2)  After recording the notice under Paragraph (1) of this Subsection, the21
authority shall initiate a search of records identified in this Paragraph to identify the22
owners of a property interest in the property who are entitled to notice of the quiet23
title and foreclosure hearing under this Subsection. The authority may enter into a24
contract with or may request from one or more authorized representatives a title25
search or other title product to identify the owners of a property interest in the26
property as required under this Paragraph or to perform the other functions set forth27
in this Subsection required for the quieting of title to property.  The owner of a28
property interest is entitled to notice under this Subsection if that owner's interest29 HLS 13RS-546	ORIGINAL
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was identifiable by reference to any of the following sources before the date that the1
authority records the notice under Paragraph (1) of this Subsection:2
(a) Land title records in the office of the recorder of mortgages and the3
register of conveyances.4
(b)  Tax records in the office of the assessor.5
(3) The authority may file a single petition with the district court to expedite6
foreclosure under this Subsection listing all property subject to expedited foreclosure7
by the authority and for which the authority seeks to quiet title.  If available to the8
authority, the list of properties shall include a legal description of, a tax parcel9
identification number for, and the street address of each parcel of property.  The10
petition shall seek a judgment in favor of the authority against each property listed11
and shall include a date, within ninety days of filing, on which the authority requests12
a hearing on the petition. The petition shall request that a judgment be entered13
vesting absolute title in the authority, without right of redemption for each parcel of14
property listed, as provided in this Paragraph. Prior to the entry of judgment under15
this Paragraph, the authority may request the court to remove property erroneously16
included in the petition or any tax delinquent properties redeemed prior to the17
hearing.18
(4) The district court in which a petition is filed under Paragraph (3) of this19
Subsection shall immediately set the date, time, and place for a hearing on the20
petition for foreclosure. The date shall be set by the court and shall not be more than21
ten days after the date requested by the authority in the petition. In no event may the22
court schedule the hearing later than ninety days after the filing of a petition by the23
authority under Paragraph (3) of this Subsection.24
(5) After completing the records search under Paragraph (2) of this25
Subsection, the authority shall determine the address or addresses reasonably26
calculated to inform those owners of a property interest in property subject to27
expedited foreclosure under this Subsection of the pendency of the quiet title and28
foreclosure hearing under Paragraph (11) of this Subsection. If, after conducting the29 HLS 13RS-546	ORIGINAL
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title search, the authority is unable to determine an address reasonably calculated to1
inform a person with a property interest in property subject to expedited foreclosure,2
or if the authority discovers a deficiency in notice under this Subsection, the3
following shall be considered reasonable steps by the authority to ascertain the4
addresses of persons with a property interest in the property subject to expedited5
foreclosure or to ascertain an address necessary to correct a deficiency in notice6
under this Subsection:7
(a) For an individual, a search of records of the recorder of mortgages and8
the register of conveyances.9
(b) For a business entity, a search of business entity records filed with the10
commercial division of the Department of State.11
(c)  For a state or federal chartered depositary financial institution, a search12
of entity records filed with the Louisiana Office of Financial Institutions or with the13
Federal Deposit Insurance Corporation.14
(6) Not less than thirty days before the quiet title and foreclosure hearing15
under Paragraph (11) of this Subsection, the authority shall send notice by certified16
mail, return receipt requested, of the hearing to the persons identified under17
Paragraph (2) of this Subsection who have a property interest in property subject to18
expedited foreclosure. The authority shall also send a notice via regular mail19
addressed to the "Occupant" for each property subject to expedited foreclosure if an20
address for the property is ascertainable.21
(7) Not less than thirty days before the quiet title and foreclosure hearing22
under Paragraph (11) of this Subsection, the authority or its authorized representative23
or authorized agent shall visit each parcel of property subject to expedited24
foreclosure and post on the property conspicuous notice of the hearing. In addition25
to the requirements of Paragraph (8) of this Subsection, the notice shall also include26
the following statement: "This Property has been transferred to the Alexandria Urban27
Renewal Authority and is subject to an expedited quiet title and foreclosure action.28 HLS 13RS-546	ORIGINAL
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Persons with information regarding the prior owner of the property are requested to1
contact the Alexandria Urban Renewal Authority".2
(8) The notices required under Paragraphs (6) and (7) of this Subsection shall3
include:4
(a) The date on which the authority recorded, under Paragraph (1) of this5
Subsection, notice of the pending expedited quiet title and foreclosure action.6
(b) A statement that a person with a property interest in the property may7
lose his interest as a result of the quiet title and foreclosure hearing.8
(c) A legal description, parcel number of the property, and the street address9
of the property, if available.10
(d)  The person to whom the notice is addressed.11
(e) The date and time of the hearing on the petition for foreclosure under12
Paragraph (1) of this Subsection, and a statement that the judgment of the court may13
result in title to the property vesting in the authority.14
(f) An explanation of any rights of redemption and notice that the judgment15
of the court may extinguish any ownership interest in or right to redeem the property.16
(g)  The name, address, and telephone number of the authority.17
(h)  A statement that persons with information regarding the owner or prior18
owner of any of the properties are requested to contact the authority.19
(9) If the authority is unable to ascertain the address reasonably calculated20
to inform the owners of a property interest entitled to notice under this Section, or21
is unable to provide notice under Paragraphs (6) and (7) of this Subsection, the22
authority shall provide notice by publication. Prior to the hearing, a notice shall be23
published for three successive weeks, once each week, in a newspaper published and24
circulated in the jurisdiction of the authority.  The published notice shall include all25
of the following:26
(a) A legal description, parcel number of the property, and the street address27
of the property, if available.28 HLS 13RS-546	ORIGINAL
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(b) The name of any person not notified under Paragraphs (6) and (7) of this1
Subsection that the authority reasonably believes may be entitled to notice under this2
Section of the quiet title and foreclosure hearing under Paragraph (11) of this3
Subsection.4
(c) A statement that a person with a property interest in the property may5
lose his interest as a result of the foreclosure proceeding.6
(d) The date and time of the hearing on the petition for foreclosure under7
Paragraph (1) of this Subsection.8
(e) A statement that the judgment of the court may result in title to the9
property vesting in the authority.10
(f)  An explanation of any rights of redemption and notice that judgment of11
the court may extinguish any ownership interest in or right to redeem the property.12
(g)  The name, address, and telephone number of the authority.13
(h)  A statement that persons with information regarding the owner or prior14
owner of any of the properties are requested to contact the authority.15
(10)  If prior to the quiet title and foreclosure hearing under Paragraph (11)16
of this Subsection, the authority discovers any deficiency in the provision of notice17
under this Subsection, the authority shall take reasonable steps in good faith to18
correct the deficiency before the hearing. The provisions of this Subsection relating19
to notice of the quiet title and foreclosure hearing are exclusive and exhaustive.20
Other requirements relating to notice and proof of service under other law, rule, or21
other legal requirement are not applicable to notice or proof of service under this22
Subsection.23
(11)  If a petition for expedited quiet title and foreclosure is filed under24
Paragraph (3) of this Subsection, before the hearing, the authority shall file with the25
clerk of the district court proof of notice by certified mail under Paragraph (6) of this26
Subsection, proof of notice by posting on the property under Paragraph (7) of this27
Subsection, and proof of notice by publication, if applicable. A person claiming an28
interest in a parcel of property set forth in the petition for foreclosure, including a29 HLS 13RS-546	ORIGINAL
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current holder of a conventional mortgage, who desires to contest that petition shall1
file written objections with the clerk of the district court and serve those objections2
on the authority before the date of the hearing. A holder of a conventional mortgage3
may object to the action and is entitled to a dismissal of the proceedings by the4
district court upon a showing that it is the holder of a legally enforceable5
conventional mortgage and upon payment of the outstanding amount of any liens,6
taxes, and related costs.  The district court may appoint and utilize as the court7
considers necessary a curator for assistance with the resolution of any objections to8
the foreclosure or questions regarding the title to property subject to foreclosure. If9
the court withholds property from foreclosure, the authority's ability to include the10
property in a subsequent petition for expedited quiet title and foreclosure is not11
prejudiced. No injunction shall issue to stay an expedited quiet title and foreclosure12
action under this Subsection. The district court shall enter judgment on a petition to13
quiet title and foreclosure filed under Paragraph (3) of this Subsection not more than14
ten days after the conclusion of the hearing or contested case, and the judgment shall15
become effective ten days after the conclusion of the hearing or contested case. The16
district court's judgment shall specify all of the following:17
(a) The legal description and, if known, the street address of the property18
foreclosed.19
(b) That title to property foreclosed by the judgment is vested absolutely in20
the authority, except as otherwise provided in Paragraphs (1) and (3) of this21
Subsection, without any further rights of redemption.22
(c) That all liens against the property, including any lien for unpaid taxes or23
special assessments, are extinguished.24
(d) That, except as otherwise provided in Subparagraph (e) of this Paragraph,25
the authority has good and marketable title to the property.26
(e) That all existing recorded and unrecorded interests in the property are27
extinguished, except a visible or recorded easement or right-of-way or private deed28
restrictions.29 HLS 13RS-546	ORIGINAL
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(f) A finding that all persons entitled to notice and an opportunity to be heard1
have been provided that notice and opportunity.  A person shall be deemed to have2
been provided notice and an opportunity to be heard if the authority followed the3
procedures for provision of notice by mail, by visits to property subject to expedited4
quiet title and foreclosure, and by publication under this Subsection, or if one or5
more of the following apply:6
(i) The person had constructive notice of the hearing by acquiring an interest7
in the property after the date of the recording, under Paragraph (1) of this Subsection,8
of the notice of pending expedited quiet title and foreclosure action.9
(ii) The person appeared at the hearing or submitted written objections to the10
district court under this Subsection prior to the hearing.11
(iii) Prior to the hearing under this Paragraph, the person had actual notice12
of the hearing.13
(12) Except as otherwise provided in Subparagraph (11)(e) of this14
Subsection, title to property set forth in a petition for foreclosure filed under15
Paragraph (3) of this Subsection shall vest absolutely in the authority upon the16
effective date of the judgment by the district court, and the authority shall have17
absolute title to the property.  The authority's title shall not be subject to any18
recorded or unrecorded lien, except as provided in Paragraph (11) of this Subsection,19
and shall not be stayed or held invalid, except as provided in Paragraph (13) of this20
Subsection. A judgment entered under this Subsection is a final order with respect21
to the property affected by the judgment and shall not be modified, stayed, or held22
invalid after the effective date of the judgment, except as provided in Paragraph (13)23
of this Subsection.24
(13) The authority or a person claiming to have a property interest under25
Paragraph (2) of this Subsection in property foreclosed under this Subsection may,26
within twenty-one days of the effective date of the judgment under Paragraph (11)27
of this Subsection, appeal the district court's order or the district court's judgment28
foreclosing property to the court of appeals.  The appeal of the judgment shall be29 HLS 13RS-546	ORIGINAL
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entitled to preference and priority and shall be handled on an expedited basis by the1
court of appeal and, if applicable, the Louisiana Supreme Court.  In such cases, the2
record shall be prepared and filed within fifteen days of the granting of the order of3
appeal.  The court of appeal shall hear the case within thirty days after the filing of4
the appellee's brief. An appeal under this Paragraph is limited to the record of the5
proceedings in the district court under this Subsection. The district court's judgment6
foreclosing property shall be stayed until the court of appeals has reversed, modified,7
or affirmed that judgment. If an appeal under this Paragraph stays the district court's8
judgment foreclosing property, the district court's judgment is stayed only as to the9
property that is the subject of that appeal, and the district court's judgment10
foreclosing other property that is not the subject of that appeal is not stayed.  To11
appeal the district court's judgment foreclosing property, a person appealing the12
judgment shall pay to the authority any taxes, interest, penalties, and fees due on the13
property and provide notice of the appeal to the authority within twenty-one days14
after the district court's judgment becomes effective. If the district court's judgment15
foreclosing the property is affirmed on appeal, the amount determined to be due shall16
be refunded to the person who appealed the judgment. If the district court's17
judgment foreclosing the property is reversed or modified on appeal, the authority18
shall refund the amount determined to be due to the person who appealed the19
judgment, if any, and forward the balance to the appropriate taxing jurisdictions in20
accordance with the order of the court of appeals.21
(14) The authority shall record a notice of judgment for each parcel of22
foreclosed property in the office of the register of conveyances.  If the authority23
records a notice of judgment in error, the authority may subsequently record a24
certificate of correction. A notice or certificate under this Paragraph need not be25
notarized and may be authenticated by a digital signature or other electronic means.26
After the entry of a judgment foreclosing the property under this Subsection, if the27
property has not been transferred by the authority, the authority may cancel the28 HLS 13RS-546	ORIGINAL
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foreclosure by recording with the register of conveyances a certificate of error, if the1
authority discovers any of the following:2
(a) The description of the property used in the expedited quiet title and3
foreclosure proceeding was so indefinite or erroneous that the foreclosure of the4
property was void.5
(b) An owner of an interest in the property entitled to notice of the expedited6
quiet title and proceedings against the property under this Subsection was not7
provided notice sufficient to satisfy the minimum due process requirements of the8
Constitution of Louisiana and the Constitution of the United States.9
(c) A judgment of foreclosure was entered under this Subsection in violation10
of an order issued by a United States bankruptcy court.11
(15) If a judgment of foreclosure is entered under Paragraph (11) of this12
Subsection, and all existing recorded and unrecorded interests in a parcel of property13
are extinguished as provided in Paragraph (11) of this Subsection, the owner of any14
extinguished recorded or unrecorded interest in that property who claims that he did15
not receive notice of the expedited quiet title and foreclosure action shall not bring16
an action for possession of the property against any subsequent owner but may bring17
an action only to recover monetary damages from the authority as provided in this18
Paragraph. The district court has original and exclusive jurisdiction in any action to19
recover monetary damages under this Paragraph. An action to recover monetary20
damages under this Paragraph shall not be brought more than two years after a21
judgment for foreclosure is entered under Paragraph (11) of this Subsection.  Any22
monetary damages recoverable under this Paragraph shall be determined as of the23
date a judgment for foreclosure is entered under Paragraph (11) of this Subsection24
and shall not exceed the fair market value of the interest in the property held by the25
person bringing the action under this Subsection on that date, less any taxes, interest,26
penalties, and fees owed on the property as of that date.  The right to sue for27
monetary damages under this Paragraph shall not be transferable except by testate28
or intestate succession.29 HLS 13RS-546	ORIGINAL
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(16) The owner of a property interest with notice of the quiet title and1
foreclosure hearing under Paragraph (11) of this Subsection may not assert any of2
the following:3
(a) That notice to the owner was insufficient or inadequate in any way4
because some other owner of a property interest in the property was not notified.5
(b) That any right to redeem tax reverted property was extended in any way6
because some other person was not notified.7
(17) A person holding or formerly holding an interest in tax reverted8
property subject to expedited foreclosure under this Subsection is barred from9
questioning the validity of the expedited foreclosure under this Subsection.10
(18) The failure of the authority to comply with any provision of this11
Subsection shall not invalidate any proceeding under this Subsection if a person with12
a property interest in property subject to foreclosure was accorded the minimum due13
process required under the Constitution of Louisiana and the Constitution of the14
United States.15
(19) It is the intent of the legislature that the provisions of this Subsection16
relating to the expedited quiet title and foreclosure of property by the authority17
satisfy the minimum requirements of due process required under the Constitution of18
Louisiana and the Constitution of the United States but that the provisions do not19
create new rights beyond those required under the Constitution of Louisiana or the20
Constitution of the United States. The failure of the authority to follow a21
requirement of this Section relating to the expedited quiet title and foreclosure of22
property held by the authority shall not be construed to create a claim or cause of23
action against the authority unless the minimum requirements of due process24
accorded under the Constitution of Louisiana or the Constitution of the United States25
are violated.26
(20) As used in this Subsection, "authorized representative" includes one or27
more of the following:28 HLS 13RS-546	ORIGINAL
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(a) A title insurance company or agent licensed to conduct business in this1
state.2
(b)  An attorney licensed to practice law in this state.3
(c) A person accredited in land title search procedures by a nationally4
recognized organization in the field of land title searching.5
(d) A person with demonstrated experience in the field of searching land title6
records, as determined by the authority.7
(21) As used in this Subsection, "district court" means the Ninth Judicial8
District Court.9
N. As used in this Chapter, the following terms have the meanings provided10
in this Subsection:11
(1)  "City" means the city of Alexandria.12
(2) "Federal government" means any department, agency, or instrumentality,13
corporate or otherwise, of the United States of America.14
(3) "Owners of a property interest" means anyone with a corporeal or15
incorporeal interest in immovable property filed for record in the conveyance records16
or mortgage records of the clerk of court and ex officio recorder of mortgages for the17
parish of Rapides where the property is located, including a naked owner, a18
usufructuary, a mortgagee, a judgment creditor, or a holder of a personal or predial19
servitude.20
(4)  "Public body" means the state and any parish and any board, authority,21
agency, district, subdivision, department, or instrumentality, corporate or otherwise,22
of the state or any parish.23
(5)  "Real property" or "immovable property" means any and all right, title,24
and interest in a tract of land, including its component parts and liens by way of25
judgment, mortgage, or otherwise.26
Section 2.  R.S. 44:4.1(B)(20) is hereby amended and reenacted to read as follows:27
§4.1.  Exceptions28
*          *          *29 HLS 13RS-546	ORIGINAL
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B. The legislature further recognizes that there exist exceptions, exemptions,1
and limitations to the laws pertaining to public records throughout the revised2
statutes and codes of this state. Therefore, the following exceptions, exemptions, and3
limitations are hereby continued in effect by incorporation into this Chapter by4
citation:5
*          *          *6
(20) R.S. 33:1334, 2182, 2428, 4720.151, 4720.201, 4891, 9109, 9128, 96147
*          *          *8
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)]
Harris	HB No. 285
Abstract: Creates the Alexandria Urban Renewal Authority to provide for the utilization
of appropriate private and public resources to eliminate and prevent the development
or spread of slum, blighted, and distressed areas. Defines the duties, authority, and
functions of the authority.
Proposed law creates and provides for the Alexandria Urban Renewal Authority to provide
for the utilization of appropriate private and public resources to eliminate and prevent the
development or spread of slum, blighted, and distressed areas and to perform various related
functions. Provides that the authority shall encompass all of the territory included in the city
of Alexandria. Provides that the authority is a special district and political subdivision of
the state.
Board of Commissioners
Proposed law provides that the Alexandria Urban Renewal Authority shall be governed by
a board comprised of not fewer than three and not more than nine commissioners appointed
by the mayor of Alexandria. Further provides that each member shall be a U.S. citizen and
a domiciliary of or be employed within the city and a majority shall be domiciled in and
qualified electors of the city. Additionally requires that each board member be of good
character and possess some skill, knowledge, or experience that will prove useful in the
accomplishment of the goals of the authority.
Proposed law provides that members serve staggered five-yea r terms.  Requires the board
to establish rules and regulations relative to the attendance and participation of members in
its meetings. Authorizes the board to provide for disqualification and removal of a board
member for failure to comply with such rules and regulations. Provides that any person
removed is ineligible for reappointment to the board unless his reappointment is confirmed
unanimously by the board.
Proposed law requires members of the board to serve without compensation, but authorizes
the board to reimburse any member for expenses. HLS 13RS-546	ORIGINAL
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Proposed law provides that all actions of the board shall be approved by the affirmative vote
of a majority of the members present and voting. Requires however approval by a majority
of the total board membership for any of the following actions:
(1)Adoption of bylaws and other rules and regulations for conduct of the authority's
business.
(2)Hiring or firing of any employee or contractor of the authority.  Provides that this
function may by favorable vote of the board membership be delegated to a specified
officer or committee of the authority, under such terms and conditions, and to the
extent that the board may specify.
(3)Incurring debt.
(4)Adoption or amendment of the annual budget.
(5)Sale, lease, encumbrance, or alienation of real property, improvements, or personal
property with an assessed value of more than $20,000.
Proposed law provides that the authority is generally subject to present law relative to open
meetings and public records. However, provides exceptions to open meetings and public
records laws for certain meetings and records pertaining to the sale or lease of immovable
property.  Such exceptions are applicable until 30 days prior to the date the board is
scheduled to consummate a final sale or lease.  Requires that the board give written public
notice of its intention to consummate a final sale or lease at least 30 days prior to such
action.  Proposed law provides that the authority is subject to the Code of Governmental
Ethics.
Powers and Duties
Proposed law provides that the authority, through the board, shall have all powers necessary
or convenient to carry out its objectives and purposes.  Some of the powers specifically
granted are:
(1)To acquire and use property.  Provides that the authority shall not have any power
to expropriate, except that power which is granted by the governing authority of
Alexandria.
(2)To dispose of property at public or private sale. Provides relative to procedures and
exceptions for and limitations on such dispositions.
(3)To convey property and property rights to federal, state, and local governmental
entities pursuant to terms of a cooperative endeavor agreement.
(4)To collect reasonable charges for the use of property and for services rendered and
to regulate fees or rentals charged for use of privately owned facilities located on
property owned or sold by the authority.
(5)To plan, develop, regulate, operate, and maintain activities and planned land uses to
foster residential housing development.
(6)To require and issue licenses.
(7)To borrow money and to pledge or grant a security device affecting all or part of its
revenues, leases, rents, and other advantages as security for such loans.
(8)To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation. HLS 13RS-546	ORIGINAL
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are additions.
(9)To develop, test, and report methods and techniques and carry out demonstrations
and other activities for the prevention and the elimination of slums and urban blight,
including means of providing housing or continuing care, assisted living,
independent living, or similar housing for elderly or retired persons or other persons
desiring such housing facilities.
Proposed law provides that the authority is not an instrumentality of the state for purposes
of the state civil service provisions of the state constitution.  Exempts the authority and its
property from taxes, as well as evidences of indebtedness it issues and income therefrom.
Acquisition of Property
Proposed law authorizes the authority to purchase property from other political subdivisions
as follows:
(1)To purchase adjudicated properties within its jurisdiction.  Provides that such a
purchase does not extend or suspend the redemption period. Authorizes such
purchases through direct negotiated purchase and sale agreement without any other
requirement of a public sale. Provides that the rights of the authority in such
property are those of a purchaser at a tax sale. Authorizes the cancellation of public
liens on the property contemporaneously with or subject to the transfer of the
property to the authority.
(2)To purchase property at a tax sale. Authorizes the authority to make such purchases
by tendering a credit bid, consisting of the obligation of the authority to satisfy the
component parts of the bid by payments to the respective political subdivisions.
Provides that a bid by the authority for the minimum amount shall take priority over
all other bids except for a higher bid submitted by a conventional mortgage holder.
(3)To purchase property at a sale conducted pursuant to enforcement of a judicial
mortgage by tendering a bid equal to or greater than the minimum bid advertised,
which bid may be a credit bid consisting of the obligation of the authority to satisfy
the bid by payment to the political subdivision holding the lien being enforced. With
respect to certain such purchases, the obligation of the credit bid may be satisfied by
the direct expenditure of funds on demolition, remediation, maintenance, and
rehabilitation activities.  Provides relative to the priority of such bids.
Redevelopment Activities
Proposed law authorizes the authority to create and execute redevelopment or development
plans for specified areas within its jurisdiction. Prohibits implementation of such plans until,
to the extent required by law, approved by the local planning commission or zoning board.
Provides that a specified area may be designated as a subdistrict of the authority.
Proposed law authorizes the transfer of immovable property in a redevelopment area for
residential, recreational, commercial, industrial, or other uses or for public use, in
accordance with the redevelopment plan and subject to other limitations on property use.
Authorizes the authority to require improvements to and to restrict the uses and the
reconveyance of such property.
Proposed law authorizes the transfer of immovable property in a redevelopment area
pursuant to solicitation of redevelopment and rehabilitation proposals. Authorizes such
transfers by private sale or competitive bidding. Requires and provides for public notice of
solicitations for redevelopment and rehabilitation proposals. Provides that contracts to
transfer immovable property are public records and specifies certain information to be
included. HLS 13RS-546	ORIGINAL
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Proposed law authorizes the authority to temporarily operate, maintain, or lease real property
in a redevelopment area pending disposition of the property.
Proposed law provides that any real property within a redevelopment area may be disposed
of without regard to the provisions of proposed law. Provides that real property acquired
in accordance with a redevelopment plan may be disposed of to a public body for public
reuse without regard to the provisions of proposed law.
Proposed law authorizes other public entities to take various actions to aid in planning or
carrying out a redevelopment plan.
Quiet Title Proceedings
Proposed law provides as follows for an expedited procedure to enable the authority to more
efficiently quiet title and initiate a foreclosure action regarding immovable property acquired
by the authority:
(1)Requires the authority to file a notice with the clerk of court regarding the property
it is attempting to seize. Requires certain content of such notice including a
statement that any legal interests in the property may be extinguished. Provides for
additional procedures if there is a deficiency in the notice.  Provides that quiet title
proceedings terminate Const. Art. VII, §529(B) right of redemption only if the time
for expiration of such right has expired.
(2)Requires the authority to notify the Dept. of Environmental Quality if it believes that
property is the site of environmental contamination.
(3)Requires the authority, after recording the notice, to search for persons with an
interest in the property.  Provides that the owner of a property interest is entitled to
notice under proposed law if that owner's interest was identifiable by reference to
title records in the office of the recorder of mortgages and the register of
conveyances or tax records in the office of the assessor.
(4)Authorizes the authority to file a single petition with the district court which lists all
of the property subject to expedited foreclosure. Requires the authority to request
a hearing on the petition and provides deadlines with respect to such a hearing.
(5)Requires the authority to notify any person with an interest in the property about the
hearing. Further requires notice via regular mail addressed to "Occupant" to each
property subject to expedited foreclosure. Requires posting a written notice on each
property at least 30 days prior to the expedited foreclosure hearing.  Requires that
each notice include specified information. Requires publication of notice if the
authority is otherwise unable to provide appropriate notice.
(6)Requires the authority to file proof of the notice required by 	proposed law with the
clerk of the district court prior to the hearing. Requires a person who has an interest
in the property who desires to contest the petition to file written objections with the
clerk and serve those objections on the authority prior to the hearing.
(7)Requires the district court to enter judgment on the petition not more than 10 days
following the conclusion of the hearing or contested case. Requires the judgment to
specify certain information.
(8)Proposed law provides that except as otherwise provided in proposed law, title to
property set forth in a petition for foreclosure shall vest absolutely in the authority
upon the effective date of the judgment by the district court. Provides that the
authority shall have absolute title to the property and the title is not subject to any
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not be stayed or held invalid except as otherwise provided in proposed law. Provides
that a judgment is a final order with respect to the property affected by the judgment
and shall not be modified, stayed, or held invalid after the effective date of the
judgment, except as otherwise provided in proposed law.
(9)Provides that a person with an interest in foreclosed property may appeal the district
court's order or judgment.  Provides with respect to such appeals.
(10)Provides that it is the intent of the legislature that the provisions of proposed law
relating to the expedited quiet title and foreclosure of property by the authority
satisfy the minimum requirements of due process required under the state
constitution and the U.S. Constitution.  Provides that the provisions do not create
new rights beyond those required under the state constitution or the U.S.
Constitution. Provides that the failure of the authority to follow a requirement of
proposed law shall not be construed to create a claim or cause of action against the
authority unless the minimum requirements of due process accorded under the state
constitution or the U.S. Constitution are violated.
(Amends R.S. 44:4.1(B)(20); Adds R.S. 33:4720.201)