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Regular Session, 2014 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 172
BY SENATOR LONG
A CONCURRENT RESOLUTI ON
To urge and request the office of conservation, in conjunction with the Public Service
Commission, to study landowner's rights concerning expropriation or condemnation
for the purpose of construction and operation of pipelines transmitting any form of
hydrocarbon in a liquid or gaseous state.
WHEREAS, the right to own land is one of the most sacred rights in our nation,
enshrined in the U.S. Constitution and the Louisiana Constitution; and
WHEREAS, the legislature should be ever mindful of preserving this fundamental
right, particularly in cases where the landowner's property may be acquired by expropriation
or condemnation by a governmental authority; and
WHEREAS, the development of oil and gas fields may necessitate the construction
and operation of pipelines, including interstate pipelines, to transmit hydrocarbons for the
nation's energy needs; and
WHEREAS, the commissioner of conservation is charged with promulgating rules,
regulations, and orders for the construction, operation, and maintenance of pipelines; and
WHEREAS, such rules, orders, and regulations should always seek to inform and
protect landowners.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the commissioner of conservation to study the feasability and impact of
providing a prepared written declaration of rights to be distributed to landowners concerning
expropriation or condemnation for the purpose of construction and operation of pipelines
transporting any form or hydrocarbon.
BE IT FURTHER RESOLVED that such written declaration include a description
of the expropriation and condemnation procedure, the acquiring entity's obligations to the
landowner, and the landowner's right to compensation to a trial by a court and appeal.
BE IT FURTHER RESOLVED that the study should include the feasibility of
creating and maintaining a registry made available to the public, listing the authorities with
the power to expropriate and condemn property. SCR NO. 172 ENROLLED
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BE IT FURTHER RESOLVED that the commissioner of conservation shall
cooperate with any state, federal, or private entity, including the Public Service Commission,
the Federal Energy Regulatory Commission, and the United States Department of
Transportation, in the study to ensure the appropriate distribution of the declaration of rights
to the greatest extent possible, or to maintain the accuracy of the registry of entities.
BE IT FURTHER RESOLVED the findings and recommendations of the study shall
be made to the legislature no later than sixty days prior to the 2015 Regular Session.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
commissioner of conservation and the Public Service Commission.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES