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 144 Original 2017 Regular Session Zeringue
Abstract: Provides relative to real property interests for integrated coastal restoration projects.
Present law recognizes that a significant portion of the projects funded through the Coastal
Protection and Restoration Fund either will occur on or affect private property. Proposed law states
that the intent of the legislature is to protect and preserve private property rights and to assure that
the acquisition of real property rights and interests is limited to that necessary for coastal protection
and restoration.
Present law provides that no ownership or use rights of private land or water are created in the public
by expenditures from the Coastal Protection and Restoration Fund or expenditures of federal funds.
Proposed law retains this provision of present law.
Proposed law provides that no full or fee ownership interest in property shall be acquired for
integrated coastal protection by the state, the Coastal Protection and Restoration Authority, a levee
district, a levee authority, a sponsoring authority, a political subdivision, or any other state, local, or
federal entity, or their agents or employees, unless such interest is voluntarily offered and agreed to
in writing by at least 75% of the owners of the property or such entity seeking to acquire the property
proves in a court that a full or fee ownership interest is the minimum interest necessary to carry out
the purposes of integrated coastal protection for the specific project for which it is acquired.
Proposed law further provides that access rights, rights of use, servitudes, easements, or other
property interests acquired for integrated coastal protection by the state, the Coastal Protection and
Restoration Authority, a levee district, a levee authority, a sponsoring authority, a political
subdivision, or any other state, local, or federal entity, or their agents or employees, shall be for a
fixed term only and shall not be acquired in perpetuity unless such acquisition in perpetuity is
voluntarily offered and agreed to in writing by at least 75% of the owners of the property. Further
provides that no fixed term for any access rights, shall exceed the life of the integrated coastal
protection project for which it is acquired unless such term is voluntarily offered and agreed to in
writing by at least 75% of the owners of the property.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 49:214.5.5)