HLS 14RS-177 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 311
BY REPRESENTATIVE ST. GERMAIN
PUBLIC LANDS/STATE: Removes lands located in the Atchafalaya Basin from certain
state lease requirements
AN ACT1
To amend and reenact R.S. 41:1217(A), relative to the lease of state lands; to exempt leases2
on lands located between the guide levees of the Atchafalaya Basin from the lease3
extension requirement that the lessee construct improvements; to provide for the4
extension of such leases; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 41:1217(A) is hereby amended and reenacted to read as follows:7
ยง1217. Term and rental; port authorities excepted8
A.(1) All leases Any lease executed under the provisions of this Part shall9
be for a period not exceeding ten years and shall provide for consideration to be paid10
as a cash rental of not less than one dollar per acre, which shall be payable in cash11
annually and in advance, or if the land is leased for agricultural purposes of planting,12
growing, cultivating, and harvesting any agricultural crop, the consideration shall be13
so paid in cash or on a share basis at the option of the lessor.14
(2) Leases Except for a lease on state land located between the guide levees15
of the Atchafalaya Basin, a lease granted under this Section may be extended as16
follows:17
(1) (a) Any person who leases such land and who adds or contracts for18
permanent improvements to be constructed or placed on or made to the land in the19
amount of not less than two thousand dollars nor more than ten thousand dollars20 HLS 14RS-177 ORIGINAL
HB NO. 311
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are additions.
upon written notification to the lessor and upon a proper showing that such1
improvements have in fact been made or contracted for may lease such lands for an2
additional period of not more than ten years, with the payment of rentals therefor to3
be made as hereinabove stated provided in this Section.4
(2)(a) (b)(i) Any person who leases such land and who within the original or5
any additional term of the lease adds or contracts permanent improvements to be6
constructed, placed, or made upon the land in the amount of ten thousand dollars or7
more, upon written notification to the lessor and upon a proper showing that such8
improvements have in fact been made or contracted for, may, at the discretion of the9
lessor, lease such land for an additional ten-year period or any part thereof for each10
ten thousand dollars worth of improvements or additions made or contracted onto the11
land not to exceed a maximum term of twenty additional years from the end of the12
then current lease period.13
(b) (ii) When the value of the improvements to be constructed, placed, or14
made upon the land exceeds one hundred fifty thousand dollars, or where the lessee15
agrees to prepay the last two annual rental payments of the lease plus a cash bonus16
in an amount equal to the current year's lease rental or the sum of fifty thousand17
dollars, whichever be the greater, the lease may be extended for thirty additional18
years from the end of the then current lease period.19
(c) (iii) When the lease has been extended to forty years under this Paragraph,20
the lessee shall be allowed to extend the lease for additional ten-year periods as long21
as the qualifying permanent improvements remain intact, or, in the event of fire,22
storm, or other acts of God, are reconstructed by the end of the ten-year term in the23
event of fire, storm, or other acts of God, and as long as the lessee continues to meet24
all other conditions of the lease.25
(3) (c) Any lessee who makes improvements onto the land leased shall be26
allowed a period of at least ninety days to remove such improvements after the27
termination of his lease.28
(3) Any lease on state land located between the guide levees of the29
Atchafalaya Basin may, at the discretion of the lessor, be extended for additional ten-30 HLS 14RS-177 ORIGINAL
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year periods without the lessee being required to add or contract for permanent1
improvements to be constructed or placed on or made to the land.2
* * *3
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)]
St. Germain HB No. 311
Abstract: Exempts state land located in the Atchafalaya Basin from certain requirements
contained in state leases in order to qualify for lease extensions.
Present law, applicable to leases for state lands, authorizes an original lease of no more than
10 years with 10-year extensions authorized based on certain levels of improvements made
to the property by the lessee.
Proposed law allows state leases on state land located within the Atchafalaya Basin to be
extended for 10-year periods without the necessity on the lessee making improvements.
(Amends R.S. 41:1217(A))