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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, 2013 ENROLLED
SENATE BILL NO. 85
BY SENATOR JOHNS AND REPRESENTATI VE JIM MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 31:149(E)(introductory paragraph) and to enact R.S. 41:1338(D),2
relative to the transfer of public lands; to exempt property transferred or acquired by3
the Sabine River Authority from the requirement that if property that was acquired4
by the state or a political subdivision of the state is to be transferred to a third party,5
the property must first be offered to the person from whom it was originally6
transferred; to provide certain terms, conditions, and requirements; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 31:149(E)(introductory paragraph) is hereby amended and reenacted10
to read as follows:11
§149. Mineral rights reserved from acquisitions of land by governments or agencies12
thereof imprescriptible13
* * *14
E. Rights or interests in land originally acquired by an acquiring authority15
through expropriation and subject to a mineral reservation shall not be transferred16
by the same or subsequent acquiring authority to another who is not an acquiring17
authority, unless an exception is provided in R.S. 41:1338 or prior to the transfer:18
* * *19
Section 2. R.S. 41:1338(D) is hereby enacted to read as follows:20
§1338. Transfers of property acquired by the state or political subdivision;21
exemptions22
* * *23
D. Notwithstanding any law to the contrary, and specifically24
ACT No. 91 SB NO. 85 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
notwithstanding the provisions of R.S. 31:149(E) and Subsection A of this1
Section, any land, property, or rights acquired by the former Department of2
Public Works in connection with the construction or maintenance of the Sabine3
River Diversion Canal System and related facilities in Calcasieu Parish located4
in Section 24, Township 9 South, Range 10 West or Sections 19, 20, 21, 28, or 29,5
Township 9 South, Range 9 West, Southwestern District of Louisiana, all in6
Calcasieu Parish, which property was transferred to the Department of7
Transportation and Development and thereafter transferred to the Sabine River8
Authority, may be sold or otherwise transferred to a third party for the9
creation, development, or expansion of commerce and industry within the state10
of Louisiana without prior offer to sell to the original grantor, donor, or vendor11
or his successors in title. The provisions of this Subsection shall apply12
retroactively and shall apply to any rights created by Title 31 of the Louisiana13
Revised Statutes of 1950, the Louisiana Mineral Code.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: