RÉSUMÉ DIGEST
ACT 199 (HB 144) 2017 Regular Session Zeringue
Existing 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. Existing 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. New law retains these provisions.
New law provides that no full ownership interest in property shall be acquired for integrated
coastal protection by the state, the Coastal Protection and Restoration Authority (CPRA), 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 owners with at least 75% ownership interest in the
property or such entity seeking to acquire the property proves in a court that a full 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.
New law further provides that access rights, rights of use, servitudes, easements, or other
property interests acquired for integrated coastal protection by the state, the CPRA, 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 owners with at least 75% ownership interest in the property. Further
provides that no fixed term for any access rights can 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 owners with at least 75% ownership interest in the property.
New law does not authorize acquisition of privately owned mineral interest and the
reservation of mineral interest shall be as provided in existing law.
New law prohibits the transfer to the acquiring entity of any claims, causes of action, or
litigious rights existing prior to the date of the acquisition but shall not extinguish the rights
of the owners of the property to exercise such claims, causes of action, or litigious rights on
the date of acquisition.
Effective upon signature of governor (June 14, 2017).
(Amends R.S. 49:214.5.5)