Louisiana 2015 2015 Regular Session

Louisiana House Bill HB577 Engrossed / Bill

                    HLS 15RS-1300	REENGROSSED
2015 Regular Session
HOUSE BILL NO. 577
BY REPRESENTATIVES JACKSON AND HUNTER AND SENATOR THOMPSON
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 enact R.S. 33:180(D), relative to the extension of the corporate limits of municipalities;
3 to provide relative to attempts to challenge or invalidate ordinances to annex
4 territory; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 33:180(D) is hereby enacted to read as follows:
7 ยง180.  Ordinance to annex territory owned by a public body
8	*          *          *
9	D.(1)  Only the state agency, political subdivision, or public body that owns
10 the land subject to a municipal annexation may challenge or otherwise seek to
11 invalidate an ordinance to enlarge the boundaries of a municipality to include
12 territory within which all of the land is owned by a state agency, political
13 subdivision, or public body.
14	(2)  Notwithstanding the provisions of Paragraph (1) of this Subsection, a
15 municipality that does not own the land subject to a municipal annexation may
16 challenge or otherwise seek to invalidate an ordinance to enlarge the boundaries of
17 another municipality if the area annexed or proposed to be annexed meets all of the
18 following conditions:
19	(a)  It is located within one mile of a boundary of the challenging
20 municipality.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1300	REENGROSSED
HB NO. 577
1	(b)  All of the land within the area is owned by a state agency, political
2 subdivision, or public body.
3	(c)  It is not contiguous to the annexing municipality.
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 Reengrossed 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.  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.
Proposed law provides an exception to proposed law by authorizing a municipality that does 
not own the land subject to a municipal annexation to challenge or otherwise seek to
invalidate an ordinance to enlarge the boundaries of another municipality if the area annexed
meets all of the following conditions:
(1)It is located within one mile of a boundary of the challenging municipality.
(2)All of the land within the area is owned by state agency, political subdivision or
public body.
(3)It is not contiguous to the annexing municipality.
(Adds R.S. 33:180(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Delete a proposed change of standard used in judicial suits to contest proposed 
annexations from whether the extension is reasonable to whether a rational basis
exists for such an extension.
2.  Add provisions for an exception to proposed law; Authorize a municipality that
does not own the land subject to a municipal annexation to challenge or
otherwise seek to invalidate an ordinance to enlarge the boundaries if the area to
be annexed meets certain conditions.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.