Louisiana 2014 Regular Session

Louisiana House Bill HB311 Latest Draft

Bill / Chaptered Version

                            ENROLLED
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ACT No. 510
Regular Session, 2014
HOUSE BILL NO. 311
BY REPRESENTATIVE ST. GERMAIN
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 A lease granted under this Section may be extended as follows:15
(1) (a) Any person who leases such land and who adds or contracts for16
permanent improvements to be constructed or placed on or made to the land in the17
amount of not less than two thousand dollars nor more than ten thousand dollars18
upon written notification to the lessor and upon a proper showing that such19
improvements have in fact been made or contracted for may lease such lands for an20
additional period of not more than ten years, with the payment of rentals therefor to21
be made as hereinabove stated provided in this Section.22 ENROLLEDHB NO. 311
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(2)(a) (b)(i) Any person who leases such land and who within the original1
or any additional term of the lease adds or contracts permanent improvements to be2
constructed, placed, or made upon the land in the amount of ten thousand dollars or3
more, upon written notification to the lessor and upon a proper showing that such4
improvements have in fact been made or contracted for, may, at the discretion of the5
lessor, lease such land for an additional ten-year period or any part thereof for each6
ten thousand dollars worth of improvements or additions made or contracted onto the7
land not to exceed a maximum term of twenty additional years from the end of the8
then current lease period.9
(b) (ii) When the value of the improvements to be constructed, placed, or10
made upon the land exceeds one hundred fifty thousand dollars, or where the lessee11
agrees to prepay the last two annual rental payments of the lease plus a cash bonus12
in an amount equal to the current year's lease rental or the sum of fifty thousand13
dollars, whichever be the greater, the lease may be extended for thirty additional14
years from the end of the then current lease period.15
(c) (iii) When the lease has been extended to forty years under this 	Paragraph16
Subparagraph, the lessee shall be allowed to extend the lease for additional ten-year17
periods as long as the qualifying permanent improvements remain intact, or, in the18
event of fire, storm, or other acts of God, are reconstructed by the end of the ten-year19
term in the event of fire, storm, or other acts of God, and as long as the lessee20
continues to meet all other conditions of the lease.21
(3) (c) Any lessee who makes improvements onto the land leased shall be22
allowed a period of at least ninety days to remove such improvements after the23
termination of his lease.24
(3)  Notwithstanding any other provision of this Section to the contrary and25
only if the lessee is compliant with the terms of the lease agreement, any lease on26
state land located between the guide levees of the Atchafalaya Basin may, at the27
discretion of the lessor, be extended for up to four additional ten-year periods28 ENROLLEDHB NO. 311
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without the lessee being required to add or contract for permanent improvements to1
be constructed or placed on or made to the land.2
*          *          *3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: