SLS 20RS-296 ORIGINAL
2020 Regular Session
SENATE BILL NO. 176
BY SENATOR ALLAIN
PUBLIC LANDS. Allows for the state and private landowners to enter into boundary
agreements concerning disputed property. (8/1/20)
1 AN ACT
2 To enact Part III of Chapter 4 of Title 41 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 41:211, relative to boundary agreements with the state; to provide
4 for water bottom boundary agreements; to provide certain terms, conditions,
5 procedures, and requirements; to provide for an effective date; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part III of Chapter 4 of Title 41 of the Louisiana Revised Statutes of 1950,
9 to be comprised of R.S. 41:211 is hereby enacted to read as follows:
10 PART III. WATER BOTTOM BOUNDARY AG REEMENTS
11 ยง211. Authority to enter water bottom boundary agreements
12 A. The commissioner of administration may enter into agreements with
13 riparian landowners to establish a permanent, fixed boundary between state
14 owned or claimed and privately owned or claimed water bottoms, regardless of
15 the navigability of the water body. In such agreements the state may accept a
16 donation of any riparian landowner owned or claimed lands or water bottoms,
17 subject to a perpetual reservation of minerals, regardless of any subsequent
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 176
SLS 20RS-296 ORIGINAL
1 erosion or loss of the land donated, or of the present or future navigability of the
2 water bottom donated.
3 B. All agreements pursuant to this Section shall provide that the public
4 shall enjoy a permanent right of reasonable, regulated public access over all
5 present water bottoms allocated to the riparian landowner and all future water
6 bottoms created from the riparian land as a result of natural erosion,
7 subsidence or rising sea levels.
8 Section 2. This Act shall take effect and become operative if and when the proposed
9 amendment of Article IX, Section 3 and 4(A) of the Constitution of Louisiana contained in
10 the Act which originated as Senate Bill No._____ of this 2020 Regular Session of the
11 Legislature is adopted at the statewide election to be held on November 3, 2020, and
12 becomes effective.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 176 Original 2020 Regular Session Allain
Proposed law authorizes the commissioner of administration may enter into agreements with
riparian landowners to establish a permanent, fixed boundary between state owned or
claimed and privately owned or claimed waterbottoms, regardless of the navigability of the
water body.
Proposed law authorizes the state in such agreements to accept a donation of any riparian
landowner owned or claimed lands or water bottoms, subject to a perpetual reservation of
minerals, regardless of any subsequent erosion or loss of the land donated, or of the present
or future navigability of the water bottom donated.
Proposed law requires all agreements and donations to provide that the public shall enjoy
a permanent right of reasonable, regulated public access over all present water bottoms
allocated to the riparian landowner and all future water bottoms created from the riparian
land as a result of natural erosion, subsidence or rising sea levels.
Effective if and when the proposed amendment of Article IX, Section 3 and 4(A) of the
Constitution of Louisiana contained in the Act which originated as SB ____ of the 2020 RS
is adopted at the statewide election to be held on November 3, 2020, and becomes effective.
(Adds R.S. 41:211)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.