HLS 15RS-1300 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 577
BY REPRESENTATIVE JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MUNICIPAL: Provides relative to extension or contraction of corporate limits of
municipalities by means of petition and ordinance
1 AN ACT
2To amend and reenact R.S. 33:174(B)(1) and (C) and to enact R.S. 33:180(D), relative to the
3 extension of the corporate limits of municipalities; to provide with respect to judicial
4 suits to contest the reasonableness of proposed extension of corporate limits; to
5 provide relative to attempts to challenge or invalidate ordinances to annex territory;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 33:174(B)(1) and (C) is hereby amended and reenacted and R.S.
933:180(D) is hereby enacted as follows:
10 §174. Suit to contest reasonableness of proposed extension of corporate limits
11 * * *
12 B. The sole questions to be presented to the court in a contest of a proposed
13 extension of the corporate limits shall be as follows:
14 (1) Whether a rational basis exists for the proposed extension is reasonable.
15 * * *
16 C. If the extension of boundaries is adjudged to be rationally based
17 reasonable, the ordinance shall go into effect ten days after the judgment is rendered
18 and signed unless a suspensive appeal therefrom has been taken within the time and
19 manner provided by law. If the proposed extension is adjudged invalid, the
20 ordinance shall be vacated and the proposed extension shall be denied, and no
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1300 ORIGINAL
HB NO. 577
1 ordinances proposing practically the same extension shall be introduced for one year
2 thereafter. A similar right of appeal from the judgment of the district court annulling
3 the ordinance shall be granted the municipality or any interested citizen as
4 hereinabove provided.
5 * * *
6 §180. Ordinance to annex territory owned by a public body
7 * * *
8 D. Only the state agency, political subdivision, or public body that owns the
9 land subject to a municipal annexation may challenge or otherwise seek to invalidate
10 an ordinance to enlarge the boundaries of a municipality to include territory within
11 which all of the land is owned by a state agency, political subdivision, or public
12 body.
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)]
HB 577 Original 2015 Regular Session Jackson
Abstract: Provides relative to attempts to challenge or invalidate extensions of corporate
limits by municipalities.
Present law provides relative to annexation by municipalities. Further provides that any
interested citizen of the territory proposed to be annexed may file suit in the district court
having jurisdiction over the municipality to contest the proposed extension of the corporate
limits. Provides that one of the questions to be presented to the court in such a suit is
whether the proposed extension is reasonable. Present law requires that, if the extension is
adjudged to be reasonable, the ordinance goes into effect 10 days after the judgment is final.
Proposed law replaces criteria used in judicial suits from whether the extension is reasonable
to whether a rational basis exists for such an extension. Otherwise retains present law.
Present law authorizes the governing body of any municipality other than the city of New
Orleans to, by ordinance, enlarge the boundaries of the municipality to include territory
within which all of the land is owned by a state agency, political subdivision, or public body.
Provides that such annexation requires petition of the governing body of the agency, political
subdivision, or public body owning the land which is to be so included. Proposed law
retains present law and specifies that only the state agency, political subdivision, or public
body that owns the land subject to such a municipal annexation may challenge or otherwise
seek to invalidate an ordinance to enlarge the boundaries of the municipality.
(Amends R.S. 33:174(B)(1) and (C); Adds R.S. 33:180(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.